• November 25, 2022

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen the SFO bring legal action against a Lebanese bank with alleged ties to Hezbollah, a Mancunian Blockbuster-themed cocktail bar sued by the video rental shop for copyright infringement, and IGT hoping for the luck of the draw in a fresh procurement claim against the Gambling Commission. Here, Law360 looks at these and other new claims in the U.K.

  • November 23, 2022

    FDA Asks Companies For Cigarette Packaging Plans

    The U.S. Food and Drug Administration on Wednesday said it is encouraging companies to submit plans showing how they will comply with a contested rule requiring graphic health risk warnings about smoking on cigarette packages and advertisements ahead of an upcoming deadline.

  • November 23, 2022

    5 Years In, Opioid Attys Talk Historic Saga's Progress & Future

    Sprawling opioid litigation has unearthed pharmaceutical industry failures, altered attitudes about addiction and secured billions of dollars that are raising hopes that a bleak drug crisis in U.S. communities will eventually yield to brighter days, plaintiffs counsel told Law360 in a conversation about the five-year legal saga's progress — and its uncertain path forward.

  • November 23, 2022

    Ex-Indivior Exec Says 5-Year Federal Program Ban Isn't Fair

    The former top medical officer for Indivior is suing the federal government over a five-year ban preventing him from participating in federal health care programs after he pled guilty to criminal charges related to his failure to prevent the drug company from giving misleading safety statistics to Massachusetts officials.

  • November 23, 2022

    Holmes Should Serve 11-Year Sentence In Texas, Judge Says

    A California federal judge has recommended that convicted former Theranos CEO Elizabeth Holmes serve her 11-year, three-month sentence for defrauding investors in a minimum-security prison camp for female inmates in Texas, according to court documents.

  • November 23, 2022

    High Court Told Plenty Of Circuit Judges Disagree On FCA

    A former Safeway Inc. pharmacist-turned-whistleblower told the U.S. Supreme Court that he's noted "more than a dozen appellate judges" who have a different view of the standards for determining knowledge of wrongdoing in False Claims Act cases.

  • November 23, 2022

    Pipeline Health Seeks OK For $92M Chicago Hospital Sale

    Bankrupt hospital operator Pipeline Health System asked a Texas judge to approve a $92 million sale of its Illinois medical facilities, saying the transaction will enable those hospitals to remain in operation.

  • November 23, 2022

    Ariz., State Officials Urge Pretrial Win In Trans Prof's Bias Suit

    Arizona and officials in the state have urged a federal court to grant them summary judgment in a bias lawsuit brought by a trans employee who sought unsuccessfully to have the state's health plan cover his hysterectomy, arguing an exclusion for gender-confirmation surgery wasn't discriminatory based on sex or gender.

  • November 23, 2022

    L'Oreal Sued By Uterine Cancer Patient Over Hair Products

    An Ohio couple, including a woman who has suffered from uterine cancer for more than a dozen years, is the latest to file suit accusing L'Oreal USA Inc. and other manufacturers of selling hair straightening products with chemicals that studies now show are linked to cancer.

  • November 23, 2022

    Pharma Co. Asks For Stay To Appeal 'Orange Book' Delisting

    Jazz Pharmaceuticals has asked a Delaware federal court to pause an order requiring it to ask the U.S. Food and Drug Administration to pull a patent that purportedly covers the distribution of a narcolepsy drug from the agency's so-called Orange Book while it appeals.

  • November 23, 2022

    Medical Startup Ex-CEO Can Proceed With Unpaid Wage Suit

    A New Hampshire federal judge refused to toss a suit by the former CEO of a medical device startup accusing the company of failing to pay him for his work, ruling that it is too early to determine whether the ex-CEO was an independent contractor protected under wage law.

  • November 23, 2022

    4 Firms, 2 Years, 1 Suit And, Finally, A Done UnitedHealth Deal

    Attorneys at Simpson Thacher & Bartlett LLP and Cleary Gottlieb Steen & Hamilton LLP knew from the beginning that UnitedHealth's $13.8 billion purchase of Change Healthcare was likely to draw antitrust pushback and potentially a direct U.S. Department of Justice challenge.

  • November 23, 2022

    Ga. Supreme Court Revives 6-Week Abortion Ban

    The Georgia Supreme Court has reinstated the state's ban on abortions after roughly six weeks of pregnancy while it considers the state's appeal of a lower court ruling that voided the 2019 law.

  • November 22, 2022

    Court Told Gov't Admitted To License Agreement In Nixed Suit

    A software developer is again pushing the Federal Circuit to reverse a lower court's decision tossing its contract breach suit against the federal government over a licensing agreement, now arguing that the government's opposition "grudgingly" admitted to entering the agreement at issue and thus made it clear the lower court had jurisdiction.

  • November 22, 2022

    Dutch Can't Deport Sick Russian Who Uses Cannabis For Pain

    The Netherlands cannot deport a Russian man who staves off pain from a rare form of blood cancer with medical marijuana that is illegal in his home country, the European Court of Justice ruled on Tuesday.

  • November 22, 2022

    Washington Court Revives Wilderness Therapy Coverage Suit

    A Washington state appeals court has ruled that a jury should decide whether Premera Blue Cross's refusal to cover wilderness therapy treatment violates the federal requirement to not place limitations that only apply to mental health care. 

  • November 22, 2022

    Idaho AG Urges 9th Circ. To Unblock Trans Women Sports Ban

    The Idaho attorney general and two intervenors urged the Ninth Circuit Tuesday to scrap a preliminary injunction blocking a state law that would ban transgender women from college women's sports teams, arguing that the transgender soccer player who initially sued had briefly dropped out of college, thereby mooting her case.

  • November 22, 2022

    Claims Court Finds CDC Broke Gilead Deal Over HIV Research

    The U.S. Court of Federal Claims has ruled that the Centers for Disease Control and Prevention failed to live up to at least some terms of its research agreement with Gilead Sciences by failing to notify the drugmaker about patents the agency had filed to cover HIV treatments.

  • November 22, 2022

    Bayer Alka-Seltzer Falsely Hypes Honey And Lemon, Suit Says

    Bayer Healthcare was hit with a proposed class action on Monday in New York federal court over its popular Alka-Seltzer brand over-the-counter severe cold medication, which a customer accuses the company of falsely claiming contains honey and lemon.

  • November 22, 2022

    Fla. Judge Dismisses Texas Atty In $2M Fraud Suit Over PPE

    A Florida federal judge has dismissed a Texas attorney accused of fraud in a suit brought by MBI Services LLC over a botched deal to provide $2 million worth of personal protective equipment, including disposable gloves, after the two parties settled on an agreement they reached in April.

  • November 22, 2022

    Abbott Tries Again To Sink HIV Test Patent

    Abbott Laboratories says that a Novartis patent covering a method for replicating DNA that allegedly was used in its HIV tests should never have been issued in the first place, since it cites patent paperwork that dates to 1984, when "the scientific community had much to learn about AIDS."

  • November 22, 2022

    FTC Tweaks Linde Merger Deal Again, But With Reservations

    The Federal Trade Commission reluctantly agreed to further tweaks to a 2018 settlement permitting German gas giant Linde AG's $70 billion merger with Praxair Inc., but not without a statement expressing severe reservations about future merger clearance deals with similar "numerous, complicated, and long-standing entanglements."

  • November 22, 2022

    PREP Immunity Applies To Swab Patent Suit, Fed. Circ. Told

    Health care manufacturer Puritan Medical Products has urged the Federal Circuit to reverse a lower court's decision that refused to trim a rival's patent suit against it over medical testing swabs, arguing that U.S. law grants Puritan immunity for activities related to resolving the global pandemic.

  • November 22, 2022

    Disaster Relief Co. Sues Partner Biz In $29M Payout Dispute

    Innovative Emergency Management Inc. has sued its joint-venture partner for allegedly withholding more than $29 million owed to IEM after the two companies wound down operations of a deal to provide COVID-19 health care support operations throughout the nation.

  • November 22, 2022

    15 States Attempt To Salvage Title 42 Migrant Expulsion Policy

    A group of 15 states is seeking to overturn the D.C. federal court's recent decision barring the pandemic policy of swiftly expelling migrants, telling the court they have a right to intervene with the Biden administration no longer defending the policy.

Expert Analysis

  • Why BIPA Litigation Could Be A Death Knell To Cannabis Cos.

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    Legal uncertainty and windfall-type damages leave a burgeoning Biometric Information Privacy Act litigation docket to rely on a statute passed in 2008 that does not account for the realities of growing industries like cannabis, and may present real and expensive issues for those businesses operating in Illinois, say Amy Rubenstein and Sarah Trevino at Dentons.

  • Opinion

    Litigation Funders Seek Transparency In Disclosure Debate

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    Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.

  • Anticipating The New Congress' Private Sector Investigations

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    With Republicans claiming a new majority in the House of Representatives in the upcoming Congress, corporates and individuals should expect a sea change in Congress' investigative priorities and areas of focus — and private sector entities can take prudential steps in the near term to best prepare for and mitigate risk, say attorneys at Latham.

  • 5 Principles For Better Professional Development Programs

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    The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.

  • Nurse Staffing Case Highlights DOJ's Antitrust Focus In Labor

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    A health care staffing company's recent guilty plea in U.S. v. Hee to a criminal violation of the antitrust laws when it entered into a no-poach and wage-fixing arrangement with a competitor shows the U.S. Department of Justice's renewed focus on labor-side antitrust violations, say Shari Ross Lahlou and Thomas Miller at Dechert.

  • Series

    My Favorite Law Prof: How I Learned To Practice With Passion

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    First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.

  • Exculpation Clause Ruling May Dissuade Some Ch. 11 Filings

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    Highland Capital’s recent bankruptcy ruling narrows the scope of exculpation provisions permissible in the Fifth and Tenth Circuits, which not only reveals another circuit split, but also may discourage large Chapter 11 filings in those circuits and lead to diminished creditor recoveries, say attorneys at Squire Patton.

  • Bankruptcy Ruling Is A Warning For Cos. With Foreign Assets

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    The Seventh Circuit’s recent ruling in Sheehan v. Breccia is a reminder for domestic companies engaged in international business to consider the bankruptcy implications of entering into foreign financing, and highlights the importance of protection from forum selection and choice-of-law clauses, say attorneys at Michael Best.

  • What New Data On FCA Enforcement Tells Us

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    Attorneys at Kramer Levin take a deep dive into False Claims Act litigation data beyond the U.S. Department of Justice’s annual statistics, revealing enforcement trends that emerged from the early days of the Trump administration through the first eight months of Biden's term.

  • Jury Verdict For EEOC Highlights Employer ADA Lessons

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    The U.S. Equal Employment Opportunity Commission recently convinced a Tennessee federal jury that a nursing home violated the Americans with Disabilities Act by terminating an employee who requested Family and Medical Act leave to address anxiety, highlighting several points about disability bias litigation and enforcement for health care employers, says John Bennett at Freeman Mathis.

  • Questions To Ask Before Making A Lateral Move As Partner

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    Law firm partners considering lateral moves should diligently interview prospects — going beyond standard questions about compensation to inquire about culture, associate retention and other areas that can provide a more comprehensive view, says Lauren Wu at VOYLegal.

  • FCA Takeaways From Courts' Recent Approach To Escobar

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    Recent federal court cases involving application of the U.S. Supreme Court's seminal Escobar decision to False Claims Act cases are trending toward holistic assessment, which rewards a thorough and nuanced approach to both pleading and litigation materiality, say Ellen London at London & Stout and former U.S. Assistant Attorney Li Yu.

  • Employers Should Note Post-Midterms State Law Changes

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    State ballot measures in the recent midterm elections could require employers to update policies related to drug use, wages, collective bargaining and benefit plans that offer access to abortion care — a reminder of the challenges in complying with the ever-changing patchwork of state workplace laws, say attorneys at Jackson Lewis.

  • P3's Cautionary Tale On LLC Liability In Del. Chancery

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    A series of decisions on claims related to a P3 Health Group special-purpose acquisition company transaction show officers of Delaware limited liability companies should anticipate expanded potential for liability in connection with their roles, say attorneys at Fried Frank.

  • State Regulation Compliance Tips For Telehealth Employers

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    Nondisclosure, onboarding and reimbursement challenges are behind many remote work-related telehealth employment lawsuits, but with advance planning and knowledge of the state's requirements where practitioners are located, telehealth employers can avoid costly mistakes from the inception through the end of employment, say attorneys at Foley & Lardner.

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