The U.S. Department of Justice will pay $138.7 million to settle 139 tort claims accusing the Federal Bureau of Investigation of not doing enough to stop the sprawling, decades-long sexual abuse of hundreds of victims at the hands of USA Gymnastics physician Larry Nassar, according to a Tuesday announcement.
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WEDNESDAY, APRIL 24, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

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DOJ Unveils $139M Deal For Larry Nassar Victims

By Elaine BriseƱo

The U.S. Department of Justice will pay $138.7 million to settle 139 tort claims accusing the Federal Bureau of Investigation of not doing enough to stop the sprawling, decades-long sexual abuse of hundreds of victims at the hands of USA Gymnastics physician Larry Nassar, according to a Tuesday announcement.

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Analysis

Colo. Neural Privacy Law Has Attys Scratching Their Heads

By Daniel Ducassi

Colorado's governor signed the nation's first law specifically protecting neural data last week, but privacy attorneys say key caveats in the legislation leave them unsure how far the measure really goes.

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Expert Doc's License Probation Upends $6.5M Med Mal Verdict

By Mike Curley

An Ohio state appeals panel has vacated a $6.5 million verdict in a medical malpractice trial by a son alleging a doctor and hospital are responsible for his mother contracting deadly pneumonia, saying the trial court should have allowed the defense to cross-examine the plaintiff's expert on a prior probation of his medical license.

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Calif. Fertility Clinic Implanted Dead Embryos, Couples Say

By Hailey Konnath

An Orange County, California, fertility clinic accidentally destroyed embryos but still implanted them into patients in an attempt to cover up its mistakes, nine couples said in a suit filed Tuesday in Golden State court.

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ENFORCEMENT & COMPLIANCE

AGs Urged To Probe Anti-Abortion Centers' Privacy Claims

By Allison Grande

A watchdog group on Tuesday pressed the attorneys general from Idaho, Minnesota, New Jersey, Pennsylvania and Washington to investigate certain "crisis pregnancy centers" that are allegedly misrepresenting their compliance with federal health privacy law, arguing that the organizations are exploiting consumers' misconception that the statute broadly protects their medical data. 

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Feds Seek To Bar Fox Rothschild Atty From Fraud Retrial

By Carla Baranauckas

The government is seeking to bar a Fox Rothschild LLP partner from testifying as an expert witness for the defense in the retrial of a federal securities fraud case that ended in a dramatic mistrial after a lone juror told the judge that he disagreed with the guilty verdict the forewoman had delivered to the court.

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LITIGATION

Drugmakers Hit With RICO Suit Over Insulin Price Hikes

By Brian Steele

The world's three largest insulin manufacturers engineered an enormous increase in the price of the lifesaving diabetes medication through an "unfair and deceptive conspiracy" with household-name pharmacies, letting all involved reap extraordinary profits for 20 years, according to a lawsuit in Connecticut federal court.

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Virtua Says Trinity Health Won't Pay $12M ER Fight Legal Bill

By George Woolston

Virtua claimed Monday in New Jersey federal court that Trinity Health has backed out of an agreement to cover $12 million in counsel fees and costs incurred in a legal fight with a rival healthcare system over Virtua's acquisition of Our Lady of Lourdes Health Care Services from Trinity.

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GoodRx Hid Revenue Reliance On Kroger, Suit Claims

By Sydney Price

GoodRx Holdings Inc. has been hit with a proposed class action alleging it concealed from investors the indispensability of its relationship with Kroger, leading to share declines when GoodRx announced revenue would be severely impacted because the grocery chain would no longer be accepting its discount codes.

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Doctor Renews $20M Claim His Hospital Made Up 25 Murders

By Ryan Harroff

An Ohio physician accused of 25 counts of murder and found guilty of none just renewed his $20 million malicious-prosecution suit against Trinity Health Corp., the parent company of his former employer, claiming that the company misled prosecutors to get him indicted as a distraction from the internal issues of the hospital where he worked.

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La. Atty Asks Justices To Stay Frivolous Filing Fine

By Jared Foretek

A Louisiana attorney is asking the U.S. Supreme Court to bail her out of a $29,000 penalty from a district judge for frivolous filings and claiming that she was poisoned in retaliation for claims against Louisiana State University's medical residency program.

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DEALS

Fenwick, Covington Build $750M Sale Of Pharmaceutical Biz

By Jade Martinez-Pogue

Global biopharmaceutical company Incyte, advised by Covington & Burling LLP, on Tuesday announced plans to buy clinical-stage drug discovery company Escient Pharmaceuticals, led by Fenwick & West LLP, for $750 million.

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EXPERT ANALYSIS

Ch. 11 Case Shows Why Plan Acceptance Procedures Are Key

Sunland Medical's recent liquidation plan proposal is an important example of how top-notch judges and attorneys propose and analyze complex issues during the confirmation process, and the bankruptcy court was forward-thinking to consider the implications of such proposed treatment in the face of the Bankruptcy Code, says Kyle Arendsen at Squire Patton.

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9th Circ. Ruling Puts Teeth Into Mental Health Parity Claims

In its recent finding that UnitedHealth applied an excessively strict review process for substance use disorder treatment claims, the Ninth Circuit provided guidance on how to plead a Mental Health Parity and Addiction Equity Act violation and took a step toward achieving mental health parity in healthcare, says Mark DeBofsky at DeBofsky Law.

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Breaking Down DOJ's Individual Self-Disclosure Pilot Program

The U.S. Department of Justice’s recently announced pilot program aims to incentivize individuals to voluntarily self-disclose corporate misconduct they were personally involved in, complementing a new whistleblower pilot program for individuals not involved in misconduct as well as the government's broader corporate enforcement approach, say attorneys at Paul Weiss.

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Cos. Must Prepare For Calif. Legislation That Would Ban PFAS

Pending California legislation that would ban the sale or distribution of new products containing intentionally added per- and polyfluoroalkyl substances could affect thousands of businesses — and given the bill's expected passage, and its draconian enforcement regime, companies must act now to prepare for it, say attorneys at Alston & Bird.

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LEGAL INDUSTRY

Paul Hastings Adds Private Equity Team At New Boston Office

By Emily Sawicki

Paul Hastings LLP has expanded into Boston, the firm announced Tuesday, establishing its new Beantown foothold with the help of a seasoned private equity buyout team headed up by a former Sidley Austin LLP partner, the firm's latest move to strengthen its growing global private equity platform.

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Why A New York Federal Judge 'Loves' Discovery Disputes

By Matthew Perlman

While discovery disputes can be a frustration for many judges and attorneys, U.S. District Judge Denise L. Cote says that she loves them because they teach her a lot about the cases she is overseeing, the parties involved and the attorneys working on them.

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Podcast

Approach The Bench: Judge Rosenberg Fosters Young Talent

Soon after U.S. District Judge Robin Rosenberg of the Southern District of Florida began presiding over her first multidistrict litigation — a case alleging the heartburn medication Zantac caused cancer — she took a novel approach to selecting leadership on the plaintiffs' side.

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JAMS Implements Rules For AI-Related Disputes

By Sarah Jarvis

JAMS announced Tuesday that it has implemented new rules governing disputes involving artificial intelligence, making it the first organization in the alternative dispute resolution industry to establish an AI-tailored legal framework.

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Trump Atty 'Losing Credibility' In Defending Posts, Judge Says

By Frank G. Runyeon

The New York judge presiding over former President Donald Trump's hush money case on Tuesday gave a harsh appraisal of defense attorney Todd Blanche's attempts to keep his client out of criminal contempt for disparaging witnesses online, saying the lawyer was "losing all credibility" as he argued Trump was "being very careful" with his words.

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Tabloid Made Deal To Save Trump 'Embarrassment,' Jury Told

By Frank G. Runyeon

A longtime tabloid executive told a Manhattan jury Tuesday that he struck a secret deal with Donald Trump ahead of the 2016 presidential election to plant negative stories about his opponents and suppress salacious stories that could cause his campaign "embarrassment."

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Coverage Recap: Day 2 Of Trump's NY Hush Money Trial

By Stewart Bishop

Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a full recap from day two.

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Lisa Blatt Becomes 1st Woman To Argue 50 High Court Cases

By Katie Buehler

Williams & Connolly LLP partner Lisa Blatt began her historic 50th oral argument in front of the U.S. Supreme Court with a chuckle Tuesday.

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Judge Allows $956M Atty Fees In 3M, DuPont PFAS Settlements

By Emily Field

A South Carolina federal judge on Tuesday signed off on attorney fees totaling more than $956 million in settlements with 3M and DuPont over so-called forever chemicals in firefighting foam that contaminated drinking water, saying that another group of lawyers may not have been able to reach the same outcome.

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ABI Names Christopher Ward President, Elects New Directors

By Alex Wittenberg

Christopher A. Ward of Polsinelli LLP will lead the American Bankruptcy Institute as president for a one-year term, the organization said Tuesday, and U.S. Bankruptcy Judge Bruce Harwood will succeed him next April.

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Atty Can Deduct $303K In Racing Ad Costs, 10th Circ. Told

By Jared Serre

A Colorado attorney asked the Tenth Circuit to reverse a U.S. Tax Court decision that prevented him from deducting $303,000 in advertising expenses tied to his automobile racing, saying the lower court incorrectly ruled that the costs were related to a hobby rather than his litigation practice.

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Denver Wants Law Firm To Turn Over Docs For Fraud Probe

By Daniel Ducassi

Fraud investigators for Denver Human Services have asked a state judge to force personal injury firm Ramos Law to provide employment records for one of the firm's case managers, saying the law firm has not yet provided records in response to subpoenas.

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6th Circ. Backs Dykema's Win In Ex-Secretary's Age Bias Suit

By Emmy Freedman

The Sixth Circuit won't reinstate a former Dykema legal secretary's age discrimination case, saying Tuesday she failed to show that her supervisor — whom she accused of giving her adult diapers for her 50th birthday and frequently asking her if she planned to retire — had anything to do with her firing.

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​​​​​​​Feds Ask 30 Years For Ex-FDIC Atty In Child Exploitation Case

By Lauren Berg

A former attorney with the Federal Deposit Insurance Corp. who admitted to participating in online groups aimed at sexually exploiting children should be sentenced to 30 years behind bars, prosecutors told a Virginia federal judge Tuesday, saying he "treated the online enticement of children like a sport."

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Fla. Atty Subpoenas Google To ID User Posting Fake Reviews

By David Minsky

A Florida state court judge granted a motion Tuesday to subpoena Google to unmask what's alleged to be a single anonymous user posting defamatory reviews about a Miami-based attorney and her law firm, arguing that the First Amendment doesn't protect false statements meant to deceive consumers.

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Ga. Bar Race Bias Suit Should Stay Dead, 11th Circ. Told

By Chart Riggall

The State Bar of Georgia told the Eleventh Circuit on Tuesday that a federal court was right to wash its hands of a racial bias suit filed by an attorney against the bar last year, because the Peach State's high court is the only court with jurisdiction over attorney discipline issues.

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COMPANIES IN TODAY'S NEWS

3M Co.

American Bankruptcy Institute

American Bar Association

American Media Inc.

Apple Inc.

CVS Health Corp.

Cornell University

Corteva Inc.

Deborah Heart & Lung Center

DuPont de Nemours Inc.

Eli Lilly & Co.

Express Scripts Holding Co.

Getzler Henrich & Associates LLC

GoodRx Inc.

Google LLC

Great Hill Partners

Health Net Inc.

Incyte Corp.

International Union Of Operating Engineers

Jack Daniel's Properties Inc.

Mount Carmel Health System

NASDAQ Inc.

Natural Resources Defense Council

North Texas Municipal Water District

Northern Mariana Islands Retirement Fund

Novo Nordisk A S

OptumRx Inc.

Sanofi

Spotify Technology SA

Starbucks Corp.

State Bar of Georgia

The Goldman Sachs Group Inc.

Trinity Health Corp.

Trump Organization Inc.

Twitter Inc.

USA Gymnastics

UnitedHealth Group Inc.

Virtua Health Inc.

LAW FIRMS IN TODAY'S NEWS

Adams & Reese

Alston & Bird

Ballard Spahr

Baron & Budd

Bartlit Beck

Bernstein Shur

Bryan Cave

Buckingham Doolittle

Clement & Murphy

Covington & Burling

DeBofsky Law

Douglas & London

Duane Morris

Duffy & Young

Dykema Gossett

FeganScott

Fenwick & West

Foley & Lardner

Ford O'Brien

Fox Rothschild

Gibson Law Partners

Goodwin Procter

Gray Reed

Greenberg Traurig

Grewal Law

Gruel Mills

Holland & Knight

Husch Blackwell

Kapila Mukamal

Kessler Topaz

Kienbaum Hardy

Kozyak Tropin

Kravitz Talamo

Latham & Watkins

Levin Papantonio

Lewis Brisbois

Mayer Brown

Mignott Law Group

Motley Rice

Nall & Miller

Napoli Shkolnik

NechelesLaw

Norris McLaughlin

Paul Hastings

Paul Weiss

Pitt McGehee

Polsinelli PC

Portalatin Law Firm

Proskauer Rose

Ramos & Law

Ramos Law (Wheat Ridge, CO)

Schlam Stone

Seeger Weiss

Shook Hardy

Sidley Austin

Skadden Arps

Spangenberg Shibley

Squire Patton

Sterling Employment Law

Taft Stettinius

Underwood Murray

Williams & Connolly

Williams Mullen

Wyche PA

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Environmental Protection Agency

California Health and Human Services Agency

Federal Bureau of Investigation

Federal Deposit Insurance Corp.

Federal Trade Commission

Food and Drug Administration

Franklin County Court of Common Pleas

Georgia Supreme Court

Internal Revenue Service

Maine Department of Environmental Protection

Manhattan District Attorney's Office

National Labor Relations Board

New York Attorney General's Office

U.S. Attorney's Office for the Eastern District of Virginia

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Department of Labor

U.S. District Court for the Central District of California

U.S. District Court for the District of Connecticut

U.S. District Court for the District of New Jersey

U.S. District Court for the District of South Carolina

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Eastern District of Virginia

U.S. Environmental Protection Agency

U.S. Securities and Exchange Commission

U.S. Supreme Court

U.S. Tax Court