Health

  • September 11, 2025

    States Push Conn. Court To Ban Generic Drug Price-Fixing

    A court order is necessary to prevent pharmaceutical companies and their executives from illegally fixing the prices of generic drugs, a coalition of state enforcers have told a Connecticut federal judge, arguing there is a "reasonable expectation" that the allegedly anticompetitive behavior at the center of multidistrict litigation will happen again.

  • September 11, 2025

    9th Circ. Says News Article Doesn't Doom Biotronik FCA Suit

    The Ninth Circuit revived a False Claims Act suit alleging that Biotronik orchestrated an illicit compensation scheme to boost the implantation of its cardiac devices in patients at Cedars-Sinai Medical Center in Los Angeles, saying the whistleblower's complaint presents new information that is not barred by fraud allegations disclosed in an earlier news article.

  • September 11, 2025

    Medicare Drug Pricing Plan Survives Novartis' 3rd Circ. Appeal

    The Third Circuit ruled Thursday that the Centers for Medicare & Medicaid Services' ability to negotiate "maximum fair prices" with drugmakers doesn't violate their constitutional rights, rejecting an argument by Novartis Pharmaceuticals Corp. that the practice amounted to a raw deal for the pharmaceutical industry.

  • September 11, 2025

    2 NY Fertility Clinics Must Face Suit Over Destroyed Eggs

    A New York federal judge on Thursday greenlit for trial a suit accusing two fertility clinics of negligently allowing a woman's eggs to be destroyed due to alleged mishandling, saying the claims can be considered ordinary negligence rather than medical malpractice.

  • September 11, 2025

    Doctor Says Brother's Ex-Firm Reneged On Pro Bono Promise

    A doctor has accused Whiteford Taylor & Preston LLP of backing out of its promise to represent her free of charge in litigation by her former employer, the University of Oklahoma College of Medicine, over her efforts to publish testimonials from patients regarding gender transition care.

  • September 11, 2025

    Expert's AI Hallucinations Blamed On Attys' 'Willful Blindness'

    Utah anesthesiologists facing a False Claims Act fraudulent billing suit doubled down Wednesday on their bid to sanction and disqualify the whistleblower's counsel for not catching an expert witness report with numerous AI-generated fabrications, arguing the errors were so obvious that the failure to catch them constitutes "willful blindness."

  • September 11, 2025

    1st Circ. OKs Freeze Of Planned Parenthood Medicaid Funding

    The First Circuit on Thursday allowed the Trump administration to halt Medicaid reimbursements to Planned Parenthood and its affiliates, pausing a pair of lower court rulings that had blocked the funding cut.

  • September 11, 2025

    Insulin Makers Ask 2nd Circ. To Rethink Collusion Claims

    Sanofi-Aventis US, Eli Lilly & Co., Novo Nordisk Inc. and AstraZeneca Pharmaceuticals LP are asking for a rehearing after a Second Circuit panel revived a proposed class action from safety-net hospitals and clinics accusing the companies of increasing insulin drug costs by agreeing to limit participation in a discount program.

  • September 11, 2025

    7th Circ. Backs $183M FCA Award Over Eli Lilly Drug Rebates

    The Seventh Circuit refused on Thursday to unwind a whistleblower's $183 million trial win against Eli Lilly in a false claims case targeting more than a decade of drug rebate miscalculations, saying a jury reasonably found that the company knowingly "hid the truth" about how much it charged for Medicaid-covered drugs.

  • September 11, 2025

    LifePoint Must Face Workers' 401(k) Mismanagement Suit

    A Tennessee federal judge refused to toss a proposed class action against LifePoint Health Inc. from participants in the healthcare company's employee 401(k) plan who alleged their retirement savings were dragged down by excessive recordkeeping and administrative fees, concluding allegations were sufficiently backed up to proceed to discovery.

  • September 11, 2025

    Freshfields, Kirkland Advise On Advent's $4.7B Zentiva Sale

    European generics pharmaceutical company Zentiva will be sold by private equity firm Advent to U.S.-based GTCR, Advent announced Thursday.

  • September 11, 2025

    Yale New Haven Offers $18M To Settle Data Breach Claims

    Yale New Haven Health Services Corp. has offered to create an $18 million global fund to settle what were once multiple lawsuits surrounding a March 8 data breach that affected more than 5 million individuals, according to a motion seeking a Connecticut federal judge's preliminary approval.

  • September 11, 2025

    Fla. Doc Can Pursue Defamation Claims Against CNN, Cooper

    A Florida appeals court has reversed an order throwing out a pediatric doctor's suit against CNN, Anderson Cooper and reporters for the network, saying a jury should decide whether they defamed him through the use of unadjusted mortality rates at his hospital.

  • September 11, 2025

    5th Circ. Won't Revisit Doctor's Captive Insurance Case

    The Fifth Circuit rejected a Texas doctor's request for the full court to review a panel's July decision that he was not entitled to $1 million in tax deductions linked to his urgent care network's captive insurance company.

  • September 10, 2025

    Feds Barred From Axing 30-Year Noncitizen Services, For Now

    A Rhode Island federal judge Wednesday blocked the Trump administration from enacting a policy change requiring immigration status checks for a number of federally funded community services, saying a coalition of Democratic-led states is likely to succeed in its assertion that the move is unconstitutional, as well as arbitrary and capricious.

  • September 10, 2025

    FTC Urged To Probe Microsoft Over Ascension Data Breach

    U.S. Sen. Ron Wyden, D-Ore., is calling on the Federal Trade Commission to open an investigation into Microsoft's "gross cybersecurity negligence" that has allegedly contributed to cyberattacks against critical infrastructure providers, including a 2024 ransomware hack that targeted hospital system Ascension.

  • September 10, 2025

    Pa. Court Upholds Defense Verdict In Throat Surgery Suit

    The Pennsylvania Superior Court on Wednesday affirmed a jury verdict in favor of an anesthesiologist accused of causing a patient's trachea tear following throat surgery, saying the doctor's expert witness didn't introduce new testimony at trial.

  • September 10, 2025

    NJ Comptroller Targets Firm Linked To Exonerated Mogul

    A New Jersey insurance brokerage founded by Democratic power broker George E. Norcross III violated public contracting laws and failed to disclose conflicts of interest to state regulators, according to a report by the state's Office of the State Comptroller.

  • September 10, 2025

    Ga. Stroke Patient Seeks New Trial Over Misdiagnosis Claims

    A woman who says that an emergency room doctor at an Atlanta-area hospital failed to diagnose her stroke in time to save her from lifelong brain damage urged the Georgia Court of Appeals Wednesday to grant her a new trial, telling the court that "the record is absolutely silent" about the doctor's purported ordering of exams that might have turned the tide.

  • September 10, 2025

    Teleradiology Co. Seeks OK Of Award Nixing $2M Fraud Claim

    An Indian teleradiology company asked a Georgia federal court not to vacate an arbitral award that rejected a radiology provider's $2 million fraud claim against it, arguing that the arbitrator properly interpreted their longstanding vendor–vendee contract.

  • September 10, 2025

    Texas Panel Says Expert Not Qualified In Facelift Suit

    A panel of the Texas appellate court has excluded an expert report offered by a woman suing her plastic surgeon over an allegedly botched facelift, saying the anesthesiologist did not establish that he is qualified to opine on the surgery and claims in question.

  • September 10, 2025

    FTC Warns Healthcare Employers About Noncompetes

    The Federal Trade Commission has sent letters warning healthcare employers and staffing companies not to include overly broad noncompete restrictions in their employment contracts and urged them to conduct a review to ensure they comply with the law.

  • September 10, 2025

    Colo. Gov. Urges Extension Of Fed. Enhanced Premium Credit

    Congress should act to preserve the tax credit that subsidizes individual market health plans, Colorado Gov. Jared Polis told the state's congressional delegation, warning of significant premium increases if the credit is allowed to expire after this year.

  • September 10, 2025

    $36M DOL Award Unjustified, Nursing Homes Tell 3rd Circ.

    A group of bankrupt nursing homes told a Third Circuit panel Wednesday that a nearly $36 million judgment against it for not paying employees overtime should be thrown out because the judge who ordered it found sweeping Fair Labor Standards Act violations across the company without the support of the evidence.

  • September 10, 2025

    Medical Equipment Co. Settles County Claims In Opioid MDL

    Medical equipment company Henry Schein Inc. and its related entities have settled claims by Virginia counties brought against it in the sprawling national opioid litigation, according to a notice filed Wednesday.

Expert Analysis

  • Federal AI Action Plan Marks A Shift For Health And Bio Fields

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    The Trump administration's recent artificial intelligence action plan significantly expands federal commitments across biomedical agencies, defining a pivotal moment for attorneys and others involved in research collaborations, managing regulatory compliance and AI-related intellectual property, says Mehrin Masud-Elias at Arnold & Porter.

  • Preparing For DEA Rescheduling Of 2 Research Chemicals

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    A recent decision to allow the U.S. Drug Enforcement Administration to reclassify two research psychedelics in Schedule I under the Controlled Substances Act may pose significant barriers to scientific study, including stringent registration requirements, heightened security protocols and burdensome reporting obligations, say Kimberly Chew at Husch Blackwell and Jackie von Salm at Psilera.

  • Series

    Adapting To Private Practice: From Texas AUSA To BigLaw

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    As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

  • Advice For 1st-Gen Lawyers Entering The Legal Profession

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    Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.

  • High Court E-Cig Ruling Opens Door For FDA Challenges

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    There will likely be more challenges to marketing denial orders brought before the Fifth Circuit following the Supreme Court's recent ruling in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., where litigants have generally had greater success, say attorneys at Troutman Pepper.

  • Structuring Noncompetes In License And Collaboration Deals

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    As companies grappling with coming patent cliffs look to mergers and acquisitions to compensate, contracting parties assessing biopharma license and collaboration agreements should prepare to agree on noncompetes that ensure the parties' respective objectives are met and that their incentives are aligned, both under their collaboration and beyond, says Jeff Jay at Freshfields.

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

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    At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

  • 7 Ways To Fetch Patents In The World Of Working Animals

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    Though developers rarely file patents related to working animals, and animal training techniques are generally considered unpatentable, certain aspects of training and developing animals may be ripe for patent protection, say Matthew Avery at Baker Botts, Makenzi Galvan at Perkins Coie and Lute Yang at Orrick.

  • 9th Circ.'s Kickback Ruling Strengthens A Prosecutorial Tool

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    The Ninth Circuit's decision last month in U.S. v. Schena, interpreting the Eliminating Kickbacks in Recovery Act to prohibit kickback conduct between the principal and individuals who do not directly interact with patients, serves as a wake-up call to the booming clinical laboratory testing industry, say attorneys at Kendall Brill.

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • 4th Circ. Clarifies Employer Duties For ADA Accommodations

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    The Fourth Circuit's recent decision in Tarquinio v. Johns Hopkins indicates that an employer's obligation to provide accommodations under the Americans with Disabilities Act may never arise if an employee obstructs the process, underscoring that ADA protections depend on cooperation between both parties, say attorneys at Hunton.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

    Excerpt from Practical Guidance
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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • Opinion

    Fla. Misses Opportunity To Rectify Wrongful Death Damages

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    Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.

  • Budget Act Should Boost Focus On Trade Compliance

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    Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

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