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June 06, 2025
Contract Board Says VA Must Pay $133K In Delivery Fees
The Civilian Board of Contract Appeals said the U.S. Department of Veterans Affairs must pay an oxygen equipment supplier more than $133,000 in delivery fees, finding no support for the agency's position that the fees are limited to "one-time or one-off type" deliveries.
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June 06, 2025
Circle's Smash IPO Could Pave Way For More Crypto Listings
Stablecoin issuer Circle's explosive debut will likely stimulate more crypto listings and possibly jolt the broader pipeline of initial public offerings, capital markets attorneys say.
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June 06, 2025
Texas Court Says Doctor Can Be Sued For Service Dog Mauling
The Texas Supreme Court on Friday greenlit a suit accusing a gynecologist of negligently giving a patient a note stating that she required a service dog which later mauled a toddler, saying the alleged negligence is not a malpractice claim, therefore the plaintiffs did not need a medical expert's opinion.
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June 06, 2025
Justices Reject Eligibility Appeal On Telemedicine Patents
The U.S. Supreme Court declined Friday to review a decision that telemedicine patents asserted against the U.S. government are invalid for claiming only abstract ideas, in the court's latest refusal to reconsider the standard for determining if inventions are eligible for patents.
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June 06, 2025
J&J Unit's $147M Catheter Antitrust Loss Tripled To $442M
Johnson & Johnson health tech unit Biosense Webster's bill in an antitrust trial was upped from $147 million to $442 million after a California federal jury found it stifled competition by conditioning the provision of cardiac mapping services on purchases of cardiac catheters.
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June 06, 2025
Pharma Co. Trade Secrets Case Stays In Fla. Despite HQ Move
A Florida federal judge on Friday denied a bid to toss a pharmaceutical company's lawsuit accusing a rival of stealing trade secrets because its headquarters moved to the Sunshine State after its initial complaint, saying there was "complete diversity at the time of filing of action."
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June 06, 2025
Real Estate Recap: Hotels, Healthcare REITs, Secondaries
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including where the hotel sector stands at the midyear, which states are trying to curb healthcare investment models and what is fueling the surge in the real estate secondaries market.
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June 06, 2025
Wash. Panel Grills Ambulance Co. On Crash Immunity Defense
Washington appellate judges expressed skepticism on Friday regarding an ambulance company's stance that qualified immunity shielded it from a patient estate's $2.3 million jury verdict over a mid-transport crash, while also casting doubt on the family's contention that the defendant had forfeited its appeal rights.
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June 06, 2025
Rite Aid Emphasizes It Will Pay Rent To Objecting Landlords
The twice-bankrupt drug store chain Rite Aid is seeking to reassure landlords who filed a spate of objections in recent days that it intends to continue meeting lease obligations despite its move to close some locations.
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June 06, 2025
Texas AG Says Trans Care Investigation Is Lawful
The Texas Attorney General's Office told the state's Supreme Court that a lower court went too far by blocking an investigation into an LGBTQ+ advocacy organization that allegedly had knowledge about outside parties performing gender-affirming care on minors, saying the court undermined the AG's investigative authority.
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June 06, 2025
NJ Court Blocks LTC Insurer's Bid For Triple-Digit Rate Hike
A New Jersey state appeals court on Friday backed the state's Department of Banking and Insurance in denying a long-term care insurer's request to increase its policy rates, agreeing that the proposed triple-digit rate increase on aging policyholders was excessive.
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June 06, 2025
Judge Denies Class Cert. In Suit Over Unsolicited Faxes
A Pennsylvania federal judge declined to certify a class of as many as 25,00 healthcare providers who say they received unsolicited fax advertisements, saying there was no way to determine which plaintiffs received the ads via traditional, stand-alone fax machines and which received them through online fax services.
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June 06, 2025
Fed. Circ. Weighs Purview Over Acorda's $17M Arbitral Award
A Federal Circuit panel on Friday wrestled with its authority to consider arbitration appeals dealing with patent law, with at least one judge appearing skeptical that it could consider Acorda Therapeutics Inc.'s bid to increase a $16.6 million award in a fight with Alkermes PLC over a multiple sclerosis drug.
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June 06, 2025
CVS Health Can't Dodge Blame In Omnicare False Claims Suit
A New York federal judge rebuffed an attempt from CVS Health Corp. to evade responsibility in a False Claims Act case, after a jury found that its subsidiary Omnicare bilked the federal government out of over $135 million in fraudulent drug claims.
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June 06, 2025
Free Speech Shields Rehab From Permit Suit, Court Says
A Connecticut drug treatment facility does not have to face claims, including unfair trade practices, lodged by a prospective competitor amid a contentious permit battle, a state appellate panel ruled Friday, finding that the state's anti-SLAPP statute is fatal to the case.
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June 06, 2025
Aetna Seeks Quick Appeal In $20M Air Ambulance Billing Case
Aetna is seeking an immediate midstream appeal of an order in Connecticut federal court forcing it to face $20 million in emergency billing claims by six air ambulance companies, saying a quick decision could help settle a circuit split and stop copycat cases.
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June 06, 2025
Fla. Medical Billing Co. Accused Of Filing False Genetic Tests
The U.S. government has filed a False Claims Act suit against a Florida medical billing and compliance services company for allegedly filing claims to Medicare for more than $15 million in medically unnecessary genetic laboratory tests.
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June 06, 2025
Boston Feds Must Do 'More With Less' On White Collar Front
Defense attorneys say they see early signs of an uptick in white collar prosecutions under new Massachusetts U.S. Attorney Leah Foley, though depleted resources in the prominent Boston office and an overwhelming focus on immigration could limit the number of high-profile cases in the near future.
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June 06, 2025
NJ Firm Says It Has No Business Being Sued In Louisiana
New Jersey-based Porzio Bromberg & Newman PC asked a Louisiana federal judge to dismiss a doctor's suit accusing the firm of driving him into bankruptcy, arguing that there's no jurisdiction that would justify continued litigation in the state.
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June 06, 2025
Other Carrier Must Cover $1.1M Injury Award, Insurer Says
A chiropractor's insurer must pay a $1.1 million award entered against him and the clinic where he works in a suit over injuries that a woman sustained during treatment, the clinic's insurer told a New York federal court, saying the other carrier's policy provides primary coverage.
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June 06, 2025
Seton Hall Suit About Negligence, Not MedMal, Hoopsters Say
Two basketball players suing Seton Hall University with claims their injuries were minimized so they could continue playing told a New Jersey federal judge Thursday that the lawsuit is about gross negligence, not their personal injuries, in a response to a motion for summary judgment.
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June 06, 2025
Taxation With Representation: Winston, Stibbe, Weil, Goodwin
In this week's Taxation With Representation, Chart Industries Inc. and Flowserve Corp. merge, Aedifica NV and Cofinimmo NV unite, Sanofi buys Blueprint Medicines Corp., and Kimberly-Clark Corp. sells a majority stake in its international tissue business to Suzano.
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June 06, 2025
Attys Seek $23M Cut Of $69M UnitedHealth 401(k) Settlement
Lawyers for a UnitedHealth Group employee who struck a $69 million deal to settle a class action claiming the company mismanaged its 401(k) plan asked a Minnesota federal judge to approve $23 million in attorney fees, arguing the amount aligns with those approved in other cases.
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June 06, 2025
Greenberg Traurig Adds Perkins Coie Tech Transactions Pro
Greenberg Traurig LLP is expanding its technology team, bringing in a Perkins Coie LLP transactions whiz as a shareholder in its San Diego office.
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June 05, 2025
'Sparse' OPM Record On Mass Firings Backs Win, Unions Say
A "sparse and self-serving" record provided by the U.S. Office of Personnel Management still shows the agency unlawfully directed federal agencies to fire probationary employees en masse, so a California federal court can reach a final decision now and "unwind" those terminations, a coalition including unions and advocacy groups said Thursday.
Expert Analysis
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Reviewing Calif. Push To Restrict Private Equity In Healthcare
A recent proposed bill in California aims to broaden the state's existing corporate practice of medicine restrictions, so investors must ensure that there is clear delineation between private equity investment in practice management and physicians' clinical decision-making, say attorneys at Debevoise.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Unpacking Trump Admin Plans For Value-Based Care
Recent developments from the Center for Medicare and Medicaid Innovation suggest the Trump administration intends to put its own stamp on value-based care, emphasizing cost savings assessment in particular, with its recent cancellation of several payment models that had supported primary care, says Miranda Franco at Holland & Knight.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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What To Expect For Stem Cell Regulation Under Trump Admin
The new administration's push for deregulation, plus the post-Chevron legal landscape, and momentum from key political and industry players to facilitate stem cell innovation may create an opportune backdrop for a significant reduction in the U.S. Food and Drug Administration's regulatory framework for stem cells, say attorneys at Sheppard Mullin.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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10 Practical Takeaways From FDA's Biopharma AI Guidance
Recent guidance from the U.S. Food and Drug Administration provides much-needed insight on the usage of artificial intelligence in producing information to support regulatory decision-making regarding drug safety, with implications ranging from life cycle maintenance to AI tool acquisition, say attorneys at Covington.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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How Health Cos. Can Navigate Data Security Regulation Limbo
Despite the Trump administration's freeze on proposed updates to the Health Insurance Portability and Accountability Act security rule, there are critical cybersecurity steps healthcare organizations can take now without clear federal guidance, says William Li at Axiom.