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October 10, 2024
Teva To Pay $450M To Settle Kickback Cases
Pharmaceutical giant Teva will pay $450 million to settle allegations it violated the False Claims Act by fixing the prices of several generic drugs and by raising the price of a multiple sclerosis treatment while covering Medicare recipients' copays, civil prosecutors said Thursday.
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October 10, 2024
NJ Atty Sues Netflix For Infringement Over Boy Scouts Movies
A trial lawyer who spent years litigating sexual abuse cases against the Boy Scouts is suing Netflix Inc. for copyright infringement after the streaming giant came out with a documentary on the abuse just nine months after his film premiered.
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October 10, 2024
Sen. Warren, Novo At Odds On Merits Of $16.5B Deal
Sen. Elizabeth Warren on Thursday raised the alarm on Novo Holdings' planned $16.5 billion purchase of Catalent, arguing the transaction could give Novo "unprecedented" control over the production of certain obesity drugs by Eli Lilly and other top competitors, but Novo insists the deal would give it no such edge.
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October 10, 2024
Atty For McElroy Deutsch's Ex-CFO Wants Out Of Theft Case
An attorney representing McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer — who is behind bars on charges of stealing from the firm — has asked to be relieved as counsel in the firm's New Jersey suit against the former CFO because he has not paid his legal bills.
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October 10, 2024
TD Bank To Pay $3.1B, Face Asset Cap Over AML Failures
TD Bank will pay about $3.1 billion to U.S. authorities and face growth restrictions on its U.S. operations as part of criminal and civil settlements announced Thursday over serious alleged anti-money laundering violations at the Canadian bank.
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October 10, 2024
Ivy League Athletes Whiff On Scholarship Antitrust Suit
A Connecticut federal judge on Wednesday snuffed out a proposed antitrust class action from college athletes challenging the Ivy League's longstanding ban on athletic scholarships, ruling the complaint did not identify a specific market harmed by the policy.
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October 09, 2024
Google, Microsoft Want Docs Kept From Apple In DOJ Case
Google and Microsoft were among a group of major corporations jumping in Tuesday to push for greater New York federal court safeguards of their sensitive business information as it's used in the Justice Department case accusing Apple of anticompetitively restricting app access to lock users into the iPhone.
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October 09, 2024
Singapore Liquidator Seeks Recognition For Overseas Case
The liquidator of a bankrupt Singapore company has told a New Jersey bankruptcy judge he needs to act to stop one of the company's creditors from using a U.S. lawsuit to undermine court proceedings in Singapore.
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October 09, 2024
Sanctioned NJ Firm Asks To Exit $374M Guo Ch. 11
Four attorneys for associates of convicted fraudster Miles Guo in his Chapter 11 bankruptcy — whose law firm was sanctioned in the proceedings — have urged Connecticut's bankruptcy court to let them leave the case, saying several corporate entities connected to Guo indicated their services are no longer needed.
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October 09, 2024
Locke Lord Slams 'Unsustainable' Take On Jurisdiction Issue
Locke Lord LLP urged a New Jersey appellate panel Wednesday to reverse a trial court's finding that it is subject to Garden State courts in a malpractice suit over an allegedly botched deal involving a North Dakota oil refinery project, arguing personal jurisdiction can't be obtained through personal service on a firm partner not involved in the litigation.
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October 09, 2024
12 More NJ Towns Join Affordable Housing Suit
Twelve more New Jersey municipalities have joined a lawsuit challenging new legislation intended to create more affordable housing, bringing the number of plaintiffs to 21.
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October 09, 2024
Disbarred Atty Admits To Defrauding Investors, DOJ Says
A disbarred attorney has pled guilty in connection with a financial services scheme that defrauded investors out of more than $1 million, New Jersey's U.S. attorney announced Wednesday.
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October 09, 2024
NJ Law Firm Gets Partial Win In Dispute With Ex-Employees
The arbitration pacts that two former employees at a New Jersey law firm filed cover their discrimination claims, a New Jersey state court judge ruled, handing the Bergen County-based personal injury firm a partial win in the workers' wage and bias suit.
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October 09, 2024
Marriott Inks $52M Deal With States Over Guest Data Breach
Marriott International Inc. has agreed to pay $52 million to nearly every U.S. state and bolster its data security practices to resolve parallel investigations by state attorneys general and the Federal Trade Commission over a massive data breach at the hotel's Starwood-branded properties.
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October 09, 2024
'Ghost' Florida Atty Left Long Trail Of Irked Judges, Clients
A Florida lawyer accused in a state court suit of ignoring and defrauding dozens of clients who paid nonrefundable retainers has faced a series of similar allegations in federal court, drawing the ire of judges and opposing counsel.
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October 08, 2024
$424M Medicare Fraud Suspect Asks NJ Court To Modify Bail
The lead suspect charged in a $424 million international telehealth fraud scheme has asked a New Jersey federal judge for more freedom while out on house arrest in Florida, requesting to attend religious services, go to a gym, have unmonitored communications with his counsel, and to work.
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October 08, 2024
Illumina Wants Unresponsive Plaintiff To Pay $200K, Atty Fees
Biotechnology company Illumina Inc. asked a New Jersey federal court Tuesday to order a former graduate student to pay $200,000 in liquidated damages for allegedly failing to respond to attempts to finalize a settlement to his claims that attorneys from Latham & Watkins LLP and Akin Gump Strauss Hauer & Feld LLP manipulated a patent case to steal his intellectual property.
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October 08, 2024
NJ Judge Tosses Ex-Town Atty's GOP Defamation Suit
A New Jersey state court tossed defamation claims brought against Englewood Cliffs' mayor Mark Park by the town's former municipal attorney after he purportedly accused the lawyer of criminal behavior, stating in the order that the attorney failed to prosecute his claims.
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October 08, 2024
J&J Wins OK For $505M Deal With Bankrupt Talc Miners
A Delaware bankruptcy judge approved a $505 million settlement between a pair of talc producers and Johnson & Johnson after overruling an objection by a group of insurers to the deal, which would resolve several ongoing disputes with J&J over talc injury claims.
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October 08, 2024
3rd Circ. Directs Court To Explain If Natera Ads 'Literally False'
A Third Circuit panel on Tuesday sent allegations of false advertising against medical test maker Natera back to district court, directing the judge to determine whether a jury had sufficient evidence last year to find that eight of the company's advertisements were "literally false."
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October 08, 2024
Hemp Cos. Say 'Protectionist' NJ Law Violates Farm Bill
A group of hemp makers and distributors is urging a New Jersey federal court to grant them a win in their challenge to the state's soon-to-be-enacted restrictions on hemp products, saying the restrictions violate the 2018 Farm Bill and favor Garden State companies over out-of-state ones.
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October 08, 2024
3rd Circ. Won't Rehear Pa., NJ Businesses' Virus Loss Suits
The Third Circuit declined to rehear consolidated pandemic-related loss coverage disputes brought by New Jersey and Pennsylvania businesses, according to an order issued Tuesday, upholding its decision that the businesses' insurers didn't owe coverage for the claimed losses.
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October 08, 2024
3rd Circ. Preview: Constitutional Rights Fears Top October
Constitutional challenges dominate an October argument lineup that will task the Third Circuit with mulling drug price fights by AstraZeneca and other pharmaceutical powerhouses and a suit by a Pennsylvania man claiming his past convictions don't foreclose his right to own a gun.
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October 08, 2024
NJ Judge Suspended For 'Admittedly Vulgar' TikTok Videos
The New Jersey Supreme Court has suspended a state Superior Court judge for three months for posting "admittedly vulgar" TikTok videos of himself lip-syncing songs with sexual content in his chambers and sometimes in his robes.
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October 08, 2024
Morgan Lewis Lands Capital Markets Pro From Davis Polk
Morgan Lewis & Bockius LLP announced Tuesday that it has added to its capital markets and public companies practice with the hiring of an attorney who formerly was at Davis Polk & Wardwell LLP and served as an attorney-adviser with the U.S. Securities and Exchange Commission.
Expert Analysis
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Jarkesy Ruling May Redefine Jury Role In Patent Fraud
Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Addressing The Growing Hazards Of Mass Arbitration
Though retail companies typically include arbitration provisions in their terms of service, the recent trend of costly mass arbitrations filed by plaintiffs may cause businesses to rethink this conventional wisdom, say attorneys at BCLP.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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3rd Circ. Ruling Shows Benefits Of IP Licenses In Bankruptcy
The Third Circuit’s recent ruling in Mallinckrodt’s Chapter 11 filing, which held that Mallinckrodt could sever its obligations to pay Sanofi royalties on sales of an autoimmune disease drug, highlights the advantages of structuring transactions as nonexclusive licenses for developers of intellectual property, say Gregory Hesse and Kaleb Bailey at Hunton.
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How 3rd Circ. Raised Bar For Constitutional Case Injunctions
The Third Circuit's decision in Delaware State Sportsmen's Association v. Delaware Department of Safety & Homeland Security, rejecting the relaxed preliminary injunction standards many courts have used when plaintiffs allege constitutional harms, could portend a shift in such cases in at least four ways, say attorneys at Gibson Dunn.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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What To Know As Children's Privacy Law Rapidly Evolves
If your business hasn't been paying attention to growing state and federal efforts to protect children online, now is the time to start — there is no sign of this regulation slowing down, and more aggressive enforcement actions are to be expected in the coming year, says Susan Rohol at Willkie Farr.
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Opinion
The FTC Needs To Challenge The Novo-Catalent Deal
Novo's acquisition of Catalent threatens to substantially lessen competition in the manufacturing and marketing of GLP-1 diabetes and obesity drugs, and the Federal Trade Commission should challenge it under a vertical theory of harm, as it aligns with last year's merger guidelines and the Fifth Circuit decision in Illumina, says attorney David Balto.
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Avoiding Legal Ethics Landmines In Preindictment Meetings
U.S. Sen. Bob Menendez's recent bribery conviction included obstruction charges based on his former lawyer's preindictment presentation to prosecutors, highlighting valuable lessons on the legal ethics rules implicated in these kinds of defense presentations, say Steve Miller and Hilary Gerzhoy at HWG.