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  • September 08, 2022

    Holmes' 3rd New Trial Bid Targets Missing Database Emails

    Convicted former Theranos CEO Elizabeth Holmes filed a third request for a new trial late Wednesday, this time arguing that prosecutors unveiled new evidence during co-defendant Ramesh "Sunny" Balwani's criminal trial regarding their efforts to preserve a missing Theranos database and that the new information is grounds for a new trial.

  • September 08, 2022

    10th Circ. Backs Manufacturer's Age, Disability Bias Suit Win

    The Tenth Circuit said Thursday that a former welder can't revive his allegations that a waste equipment manufacturer fired him for being over 40 and having carpal tunnel syndrome, ruling that a trial court didn't err by tossing the suit before he had a chance to conduct discovery.

  • September 08, 2022

    Allstate, Consumers Seek Final OK Of $4.5M TCPA Deal

    Allstate Insurance Co. will pay $4.5 million to end claims from consumers alleging they received multiple calls promoting Allstate despite being on the National Do Not Call registry, according to a motion for final approval filed Wednesday in Illinois federal court.

  • September 08, 2022

    Policyholder Urges Ill. Judge Not To Dismiss Robocalls Suit

    A Texas woman asked a judge not to ax a lawsuit she filed in Illinois federal court against an insurance company over a bombardment of robocalls she received despite being on the Do Not Call Registry.

  • September 08, 2022

    Boy Scouts' Ch. 11 Plan Confirmed By Del. Judge

    A Delaware bankruptcy judge issued an order confirming the Chapter 11 plan of the Boy Scouts of America on Thursday, approving the organizations' plan to channel tens of thousands of childhood sex abuse claims into a $2.5 billion settlement trust.

  • September 07, 2022

    Elizabeth Holmes Files 2nd New Trial Bid, Citing Balwani Trial

    Convicted former Theranos CEO Elizabeth Holmes filed a second request for a new criminal fraud trial Wednesday, arguing that prosecutors dramatically shifted their take on her relationship with her convicted co-conspirator Ramesh "Sunny" Balwani during his recent trial, and the government's "new narrative" warrants a trial do-over for Holmes.

  • September 07, 2022

    Chubb Prevails In 'The Morning Show' COVID-19 Losses Suit

    A California federal court has held that a Chubb unit was within its rights when it denied coverage to a production company looking to recover COVID-19-related losses stemming from production delays on "The Morning Show," dismissing the $44 million suit for good.

  • September 07, 2022

    Cohen Ziffer To Move Into Larger, 'Hipper' NYC Office

    Insurance recovery boutique Cohen Ziffer Frenchman & McKenna LLP has gone from 12 attorneys to 30 since opening in January 2021, and plans to hire an additional 10 lawyers. To accommodate its growth, the New York City-based firm is expected to move into a new home currently under construction in midtown Manhattan on Monday.

  • September 07, 2022

    Ex-Coach Latest To Plead Guilty In NBA Health Fraud Case

    A former NBA journeyman player who most recently served as an assistant coach for the Utah Jazz is the latest defendant to accept a plea deal in a sweeping case over an alleged scheme to defraud the league's health care plan.

  • September 06, 2022

    Holmes Wants New Trial After Key Witness Expresses Regrets

    Convicted former Theranos CEO Elizabeth Holmes asked a California federal judge for a new criminal fraud trial Tuesday, arguing that the government's star witness, former Theranos lab director Adam Rosendorff, recently tried to contact Holmes to express regrets about testifying against her, and she deserves a do-over.

  • September 06, 2022

    Baker McKenzie Adds Ex-Addleshaw Trio In Hong Kong

    As Baker McKenzie grows its partner class around the world, the firm announced on Tuesday that it is bolstering its Hong Kong office with a team of three former Addleshaw Goddard LLP attorneys.

  • September 06, 2022

    Camden Diocese Opposes Ch. 11 Trade Committee Fees

    The bankrupt Diocese of Camden objected to a fee application for a law firm representing the official committee of unsecured trade creditors in the diocese's Chapter 11 case, telling a New Jersey court the application includes charges of "outrageous rates" and that the costs of the case are quickly mounting.

  • September 02, 2022

    After Dobbs: State Abortion Ban Fights, Enforcement Heat Up

    Federal judges have continued to hand down mixed rulings on whether state abortion bans can take effect and if federal guidance on emergency abortion access can be implemented, while trigger laws kicked into gear in three more states that will further restrict abortion access.

  • September 02, 2022

    $7.4M Texas Trucking Accident Verdict Is Flawed, Court Says

    A Texas appellate court threw out most of a $7.4 million jury verdict against a trucking company, its owner and a driver for a highway accident, saying it was unsupported by the evidence, but ordered a new trial on a limited set of claims against the driver and company.

  • September 02, 2022

    Sears, Boy Scouts Each Move Closer To Ch. 11 Resolutions

    The yearslong dispute between Sears and its former CEO ended with a deal, the Boy Scouts of America took a giant leap toward confirmation, and crypto investment platform Celsius wants to release $56 million of digital assets. This is the week in bankruptcy.

  • September 02, 2022

    Biden Nominates Montana Law Professor For 9th Circ.

    President Joe Biden is nominating a Montana law professor and former state solicitor to a vacancy on the Ninth Circuit and also tapping eight new district court nominees in six states, the White House announced Friday.

  • September 02, 2022

    Jury Convicts Arrayit Exec Of Fraud For COVID Test Lies

    A California federal jury has found the president of health care company Arrayit guilty of fraud and conspiracy for duping insurers, patients and investors out of millions of dollars with bogus COVID-19 tests and allergy finger-stick blood tests while orchestrating a yearslong Medicare scam, prosecutors said Friday.

  • September 02, 2022

    Harsh Market Limits IPO Prospects For Autumn Listings

    More companies are gearing up for potential initial public offerings this autumn, albeit at a restrained pace compared with the traditional post-Labor Day surge given the choppy market conditions that have delayed many IPO timetables until 2023.

  • September 01, 2022

    Holmes Acquittal Bid Denied As Attys Hint At New Info

    A California federal judge issued a preliminary ruling from the bench Thursday denying ex-Theranos CEO Elizabeth Holmes' request for a post-trial acquittal on charges she defrauded investors with bogus blood-testing technology, while her attorneys told the judge they plan to file a new trial motion based on "newly discovered" information.

  • September 01, 2022

    Deals Rumor Mill: Porsche, Truth Social, Calb

    Porsche could reach an $85 billion valuation in its IPO, Donald Trump's social media venture is facing difficulties in completing its SPAC merger, and Chinese electric-vehicle battery supplier Calb hopes to raise up to $2 billion in an upcoming IPO. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • September 01, 2022

    Union Pacific Accused Of Stiffing Rehired Workers

    A transportation workers union accused Union Pacific Railroad of not complying with arbitration rulings that ordered the company to reimburse three reinstated workers for health insurance coverage they paid after being terminated, asking an Illinois federal judge to enforce the directives.

  • August 31, 2022

    Blackbaud Beats Health Provider's Ransomware Suit For Now

    An Indiana federal court has tossed claims brought by Trinity Health and its insurer against Blackbaud Inc. in the wake of the software company's 2020 ransomware attack, finding that the health provider failed to clearly explain how the breach led to it paying for remediation efforts.

  • August 31, 2022

    NBA Health Fraud Prosecutors Add Charges As Pleas Mount

    Manhattan federal prosecutors brought additional conspiracy charges against remaining defendants in the $5 million NBA health plan fraud case on Wednesday, less than a week after the scheme's alleged ringleader copped a guilty plea.

  • August 31, 2022

    Dispute Over Policy Limits in Data Breach Settlement Row

    BCS Insurance Co., an excess insurer for a Blue Cross Blue Shield licensee, asked a Washington federal court to reject a bid by Atlantic Speciality Insurance Co. to get BCS to cover portions of a settlement stemming from a 2014 data breach within the health insurance licensee's computer network.

  • August 30, 2022

    Feds Rip Exec's 'Culture Of Lies' As COVID Fraud Trial Wraps

    Prosecutors urged a California federal jury during closings Tuesday to find Arrayit's president guilty of fraud and conspiracy for his "culture of lies," which allegedly involved duping insurers, patients and investors with inaccurate allergy and COVID-19 tests, while defense counsel argued that the charges are built upon incomplete evidence and non-credible witness testimony.

Expert Analysis

  • Why Climate Plaintiffs Are Filing Securities, Consumer Suits

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    While U.S. climate change lawsuits against carbon majors based on public nuisance tort claims have largely ended up in a procedural and jurisdictional maze, climate plaintiffs may be more successful with claims based on state securities and consumer protection laws, say Nick Dolejsi and Kyle Espinola at Zelle.

  • Why I'll Miss Arguing Before Justice Breyer

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    Carter Phillips at Sidley shares some of his fondest memories of retiring Justice Stephen Breyer both inside and out of the courtroom, and explains why he thinks the justice’s multipronged questions during U.S. Supreme Court oral arguments were everything an advocate could ask for.

  • Ruling Highlights Key Intersection Of 2 Health Benefit Laws

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    The First Circuit’s recent ruling in N.R. v. Raytheon, reviving claims that an insurance plan violated the Mental Health Parity and Addiction Equity Act in denying treatment for autism, shows the statute’s value as a tool for patients — and how the Employee Retirement Income Security Act can be used to litigate such cases, says Mark DeBofsky at DeBofsky Sherman.

  • Courts Are Right To Reject Insurer ERISA Atty Fee Awards

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    There has been a recent, sharp uptick in insurance companies seeking fees against unsuccessful claimants of Employee Retirement Income Security Act benefits, but this unfair tactic is correctly meeting with little or no success in the courts, says Elizabeth Hopkins at Kantor & Kantor.

  • Trucking Cos. Need Stronger Insurance To Protect Public

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    A recent Law360 guest article urged lawmakers to implement liability protections for the trucking industry, but raising outdated trucking insurance limits would better incentivize companies to keep unsafe drivers and vehicles out of their fleets to begin with, protecting the industry and motorists alike, says Tad Thomas at The Thomas Law Offices and the American Association for Justice.

  • Key Contract Lessons In Del. Justices' Hotel Deal Ruling

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    The Delaware Supreme Court recently ruled in AB Stabile v. MAPS Hotels that a Chinese financial conglomerate breached a hotel sale agreement's standard ordinary course covenant, providing significant insight on the meaning and application of these contracts, and the need for consent on material changes prior to closing, say attorneys at Quinn Emanuel.

  • Trucking Industry Needs Protection From Huge Legal Verdicts

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    Truckers and trucking companies are plagued by an exponential increase in accident litigation costs, with damages awards skyrocketing in recent years, so lawmakers should consider giving the trucking industry special liability protections similar to those enjoyed by Amtrak and emergency workers, says Harold Kim at the U.S. Chamber of Commerce Institute for Legal Reform.

  • 8th Circ. Ruling Sets Road Map For Disability Benefit Reviews

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    A recent ruling from the Eighth Circuit in Roehr v. Sun Life Assurance reinstated the plaintiff's disability benefits, demonstrating that while an initial approval is not a guarantee of ongoing payment, insurers need to tread carefully when they terminate benefits in the absence of new findings, says Mark DeBofsky at DeBofsky Sherman.

  • Medicare Advantage Plans Must Beware DOJ Scrutiny

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    The U.S. Department of Justice is increasingly investigating how health insurers report risk adjustment data in connection with the Medicare Advantage program, and several recent cases help detail the types of conduct that the DOJ is focusing on, say attorneys at Debevoise.

  • How The ERISA Landscape May Shift This Year

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    Employee Retirement Income Security Act litigation shows no signs of slowing down after the past two landmark years, with courts poised to tackle key issues including the pleading standard for fee cases, the enforceability of arbitration agreements, mental health parity and more, say attorneys at Groom Law Group.

  • US Broadened Reach Of Targeted Sanctions In 2021

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    This year, the Office of Foreign Assets Control leveraged sanctions in pursuit of national security, evincing a clear trend toward more targeted sanctions programs without significantly sacrificing their financial impact, say attorneys at Ropes & Gray.

  • How Budget Bill Could Affect Employer Health, Benefit Plans

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    Following the House's recent passage of President Joe Biden’s $1.75 trillion spending bill — the Build Back Better Act — employers should carefully consider several of the proposal’s health care and benefits provisions, which could pose immediate compliance challenges if the act is signed into law this year, say Anne Hall and Tim Kennedy at Hall Benefits Law.

  • New ERISA Rulings Diverge On Civil Procedure

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    The Third Circuit’s recent decision in Noga v. Fulton Financial Employee Benefit Plan, which applied administrative law principles in reinstating a claimant’s Employee Retirement Income Security Act benefits, deviates from a rising chorus of judicial voices and fails to help repair ERISA's civil procedure, says Mark DeBofsky at DeBofsky Sherman.

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