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August 13, 2025
Trump Axes Biden Competition Order And Eases Rocket Regs
President Donald Trump on Wednesday evening revoked an expansive Biden-era executive order that aimed to boost competition across the U.S. economy, lower prices for consumers and increase pay for workers, while issuing his own order to ease regulations on the commercial space industry to boost American rocket launches.
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August 13, 2025
David Protein Tees Up Bid To Toss Ingredient Antitrust Suit
David Protein told a New York federal judge on Wednesday that a lawsuit accusing the trendy bar maker of violating antitrust law should be tossed, saying in a letter that a group of low-calorie food companies still could not cure legal deficiencies the court previously flagged, despite twice amending their complaint.
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August 13, 2025
Labcorp Wins ERISA Trial As Judge Cites Stronger Witnesses
Medical testing chain Labcorp did not breach its duty of prudence to its multibillion-dollar employee retirement investment fund, a North Carolina federal judge ruled Tuesday after a trial, saying two plaintiffs' experts earned little credibility.
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August 13, 2025
High Court's Trans Ruling Doesn't Change Insurer's ACA Loss
A Washington federal judge has reaffirmed his finding that Premera Blue Cross' coverage policy for gender-affirming chest surgery violates the Affordable Care Act, rejecting the insurer's bid for a redo following the Supreme Court's decision in U.S. v. Skrmetti.
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August 13, 2025
8th Circ. Revives Ark. Ban On Youth Gender-Affirming Care
A split Eighth Circuit en banc panel revived an Arkansas state law banning gender-affirming care for minors, finding that a district court erred in blocking the law because it does not discriminate based on sex but instead classifies based only on age and medical procedure.
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August 13, 2025
No Coverage For Senior Center In Sex Abuse Suit, Court Told
A senior care facility isn't owed coverage for an underlying lawsuit accusing a facility chaplain of sexually assaulting a patient, the facility's insurer said, arguing coverage is precluded due to a molestation exclusion and because the allegations don't pertain to a medical incident.
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August 13, 2025
Smith Anderson Adds 5 Business Litigation, Data Privacy Pros
Smith Anderson announced that the firm has brought on five new attorneys who will bolster the Raleigh, North Carolina-based firm's business litigation, data privacy and security, healthcare, real estate and development, and private client practice groups.
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August 13, 2025
DC Circ. Greenlights Trump's Freeze On Foreign Aid
A divided D.C. Circuit on Wednesday lifted an injunction requiring the Trump administration to release funding for foreign aid work done before Feb. 13, with a dissenting judge saying the decision lets the administration sidestep judicial review of unconstitutional actions.
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August 13, 2025
Cassava Investors Get Class Certified In Alzheimer's Drug Suit
Investors accusing Cassava Sciences Inc. of inflating its stock price with manipulated research data of its Alzheimer's drug can proceed with their claims as a class, with the court finding the suit's named plaintiffs are adequate representatives despite Cassava's claims they were only "out to make a quick buck."
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August 13, 2025
Texas Woman Says Marine Laced Her Drink With Abortion Pills
A Texas woman has filed a wrongful death lawsuit in federal court alleging a Marine pilot with whom she had an intimate relationship tricked her into taking abortion pills by putting them in her drink, causing her to lose her pregnancy.
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August 13, 2025
Wash. Agencies Must Give Up Docs In Medicaid Fraud Case
A Washington federal judge has ordered the state attorney general's office to hand over certain records to a hospital system accused of overbilling Medicaid in connection to a neurosurgeon's fraud scheme, rejecting the argument that the documents at issue belong to other state agencies that must be subpoenaed.
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August 13, 2025
5th Circ. Again Reverses Class Cert. In Kids' Medicaid Suit
The Fifth Circuit again on Tuesday instructed a Louisiana court to narrow the definition of a class of patients who allege that the state's health department has failed to provide mental health services for Medicaid-eligible children.
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August 13, 2025
Judge Blocks Trump Restrictions For $12B In Federal Grants
A Washington federal judge temporarily blocked restrictions imposed by the Trump administration, such as an anti-gender ideology restriction, on access to more than $12 billion worth of federal grants, ruling in part that the federal government exceeded its authority.
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August 13, 2025
Judge OKs Accelerate Diagnostics Ch. 11 Liquidation
A Delaware bankruptcy judge Wednesday approved medical technology company Accelerate Diagnostics Inc.'s Chapter 11 plan to liquidate as quickly as possible after it completed a $42 million sale to its stalking horse bidder Friday.
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August 13, 2025
Pa. Judge Ends Employers' Expanded Birth Control Exemptions
A Pennsylvania federal judge on Wednesday struck down rules set by the first Trump administration enabling employers to refuse coverage of employees' contraceptives on moral and religious grounds, holding that the government failed to provide a good reason for the broadening of exemptions.
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August 13, 2025
Settlement Win Protects In-Home Care For 280,000 NYers
The New York State Health Department has resolved a class action filed by a group of chronically ill Medicaid recipients who accused the state of violating their due process rights by failing to provide enough time to register their home care workers through a new system, attorneys said on Wednesday.
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August 13, 2025
Creditors Say Genesis Sale Process Stacked Toward Insiders
Unsecured creditors of Genesis Healthcare are asking a Delaware bankruptcy judge to amend the terms of its Chapter 11 financing to prevent corporate insiders from retaining control of the nursing home chain and dodging potential claims against them.
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August 13, 2025
Fed. Circ. Throws Out $4.7M Verdict In DNA Patent Suit
The Federal Circuit reversed a Delaware federal jury's verdict from 2021 that found biotechnology company Qiagen Sciences LLC owed $4.7 million for infringing genetic testing patents, saying the jury's findings weren't sufficiently backed by evidence.
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August 13, 2025
NC Businessman Nabs Early Exit From Investment Fraud Suit
A businessman accused of helping launder money for a lab owner in an investment fraud scheme had no duty to disclose his dealings with the allegedly sham operation, a North Carolina Business Court judge has ruled in dismissing investors' claims against him.
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August 12, 2025
Loper Bright Neutered In 6th Circ., Tenn. Tells Supreme Court
There is "growing confusion among the circuits" regarding the U.S. Supreme Court's rejection of judicial deference to regulators, as evidenced by a Sixth Circuit ruling that negates much of the high court's Loper Bright ruling, Tennessee told the justices in a new petition.
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August 12, 2025
Meta Privacy Verdict Raises Stakes For Website Data Tracking
A California federal jury's move to hold Meta accountable for unauthorized receipt of sensitive health data gathered through a popular online tracking tool strengthens website users' position in these disputes and should prompt companies to revisit their data collection and sharing practices, even as the social media giant fights the decision.
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August 12, 2025
SelectQuote Investor Sues Over Feds' Kickback Probe
Insurance broker SelectQuote Inc. and three of its current and former executives face a proposed investor class action alleging the company kept investors in the dark as it accepted illegal kickbacks for steering Medicare beneficiaries to certain insurers, precipitating False Claims Act allegations from a whistleblower and subsequently the government.
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August 12, 2025
Docs Take NJ Telemedicine Restrictions Fight To 3rd Circ.
A group of doctors and patients have appealed the dismissal of their challenge to a New Jersey law that says out-of-state doctors can't practice telemedicine with Garden State patients unless they're licensed there, telling the Third Circuit that the rule deprives people of potentially life-saving consultation.
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August 12, 2025
COVID Death Suits May Need Special Master For Discovery
A court-appointed "special master" will likely be necessary to sort out discovery disputes in a lawsuit over a Pittsburgh-area nursing home's pandemic policies, after a state judge's limits on document searches still returned more than 133,000 pages of results.
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August 12, 2025
Texas Says Eli Lilly Offered Nursing Services As Kickbacks
Texas sued Eli Lilly & Co. Inc. on Monday in state court, accusing the drugmaker of offering kickbacks in the form of administrative services to healthcare providers via illegal marketing and quid pro quo arrangements to push its most popular drugs.
Expert Analysis
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Most-Favored Nation Drug Pricing Could Shake Up US Pharma
Recent moves from the executive and legislative branches represent a serious attempt to revive and refine the first Trump administration's most-favored-nations model for drug pricing, though implementation could bring unintended consequences for pharmaceutical manufacturers and will likely draw significant legal opposition, say attorneys at Morgan Lewis.
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The Ins And Outs Of Consensual Judicial References
As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.
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How Focus On Menopause Care Is Fueling Innovation, Access
Recent legislative developments concerning the growing field of menopause care are creating opportunities for increased investment and innovation in the space as they increase access to education and coverage, say attorneys at Kirkland.
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.
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Neb.'s Cannabis Regulatory Void Poses Operational Risks
With the Nebraska Legislature recently declining to advance any cannabis legislation, leaving the state without a regulatory framework for voter-passed initiatives, the risks of operating without clear rules will likely affect patients, providers and caregivers, says John Cartier at Omnus Law.
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Del. Dispatch: A Look At Indemnification Notice Provisions
The Delaware Supreme Court's recent decision in Thompson Street Capital Partners v. Sonova U.S. Hearing Instruments serves as a reminder that noncompliance with contractual requirements for an indemnification claim notice may result in forfeiture of the indemnification right, depending on both the agreement language and the circumstances, say attorneys at Fried Frank.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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FDA Commissioner Speech Suggests New Vision For Agency
In his first public remarks as U.S. Food and Drug Administration commissioner, Marty Makary outlined an ambitious framework for change centered around cultural restoration, scientific integrity, regulatory flexibility and selective modernization, and substantial enforcement shifts for the food and tobacco sectors, say attorneys at Arnall Golden.
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AG Watch: Texas Expands Use Of Consumer Protection Laws
In recent years under Attorney General Ken Paxton, Texas has demonstrated the breadth of its public interest authority by bringing actions in areas not traditionally associated with consumer protection law, including recent actions involving sports and public safety, say attorneys at Kelley Drye.
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Customs Fraud Enforcement In The Age Of Tariffs
In the wake of the Trump administration’s new approach toward tariffs, two recent Justice Department developments demonstrate aggressive customs fraud enforcement, with the DOJ emphasizing competitive harm to American businesses, and signaling that investigations will likely involve both civil and criminal enforcement tools, say attorneys at Bernstein Litowitz and London & Naor.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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A Path Forward For Colo. Pot Products After Failed Safety Test
As cannabis products in Colorado face increasingly rigorous contamination testing, decontamination and remediation can be an alternative to destruction after a failed safety check, in certain circumstances, so understanding the nuances of these procedures is vital, say attorneys at Troutman Pepper.
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International Ramifications Of Canada's Health AI Moves
Recent artificial intelligence developments in Canada's health industry are creating ripple effects for global investors, cross-border innovators and legal practitioners, and may create opportunities for U.S. companies rethinking their international strategies, says Atoussa Mahmoudpour at AMR Law.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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What EU 'Killer Acquisition' Study Means For Pharma Deals
The European Commission’s recent study of pharmaceutical companies' acquisitions of emerging competitive threats, the first of its kind globally, has important implications for the industry, and may lead to increased awareness of merger control risks in collaborative agreements, say lawyers at Paul Weiss.