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Health
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August 05, 2025
Law Firm, Ex-Client Want La. Malpractice Fight Moved To NJ
A doctor pursuing malpractice claims against New Jersey firm Porzio Bromberg & Newman PC in New Orleans federal court has agreed to take the fight up north, with the two sides filing a joint motion to transfer the venue to the District of New Jersey.
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August 04, 2025
Trump's Sons Back 'New America' SPAC's $300M IPO Filing
Donald Trump Jr. and Eric Trump are backing a new special-purpose acquisition company that, with guidance from Paul Hastings LLP and Holland & Knight LLP, plans to raise $300 million and will target the technology, healthcare and logistics sectors, according to a Securities and Exchange Commission filing on Monday.
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August 04, 2025
MOVEit Data Breach MDL Advances With Slimmed Frame
A Massachusetts federal judge has pared down but declined to toss sprawling multidistrict litigation over a data breach tied to Progress Software's MOVEIt file transfer tool, with negligence and several other claims allowed to proceed against the software vendor and four bellwether groups of companies that used the tool.
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August 04, 2025
Rite Aid Seeks $90M Clawback From McKesson
Rite Aid is seeking to claw back about $90 million it paid out to prescription drug supplier McKesson Corp. over the days and months leading up to the national pharmacy chain's Chapter 11 filing in May, arguing the payments were not made as part of the ordinary course of business.
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August 04, 2025
Nurse Agrees To Repay $614K For False Claims In Conn.
A nurse who owned a medication management business and two Connecticut residential care homes agreed on Monday to settle state and federal False Claims Act allegations for $614,000, ending allegations that he billed Medicare and Medicaid impossible daily hours and for clients that were hospitalized or dead.
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August 04, 2025
Ill. Jury Awards $17M Over Infant's Fatal Delivery Injuries
An Illinois jury has awarded $17.1 million in damages to the family of an infant who died nine months after his birth because of catastrophic injuries he suffered during delivery, finding the obstetrician and the women's health clinic where he operates liable for his death.
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August 04, 2025
9th Circ. Rejects Most Of Sodexo's ERISA Arbitration Push
The Ninth Circuit said Monday that employers can't unilaterally change Employee Retirement Income Security Act-governed plans to require arbitration, backing the bulk of a trial court ruling that refused to throw out of court a nicotine fee lawsuit against food service company Sodexo.
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August 04, 2025
Mass. Ambulance Cos. Settle State FCA Allegations For $6M
Two Massachusetts ambulance companies have agreed to pay $6 million to settle allegations that they "upcoded" claims to the state's Medicaid program, MassHealth, billed it for unnecessary services, and committed other False Claims Act violations, the state attorney general's office announced Monday.
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August 04, 2025
Funeral Home Owner Pleads Guilty To Fraud, Again
For the second time, an owner of a southern Colorado funeral home pled guilty on Monday in connection to claims that her company illegally stored nearly 200 decaying bodies and committed more than $1 million in fraud.
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August 04, 2025
NYU Must Pay Fired Doc $4M In Disability Bias Suit, Jury Says
An ex-New York University doctor nabbed a $4 million trial win in his disability bias case claiming he was fired after his employer denied his request to work from home so he could recover from a COVID-19 infection that left him in a coma for nearly two months.
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August 04, 2025
Feds Get 2nd Crack At Regeneron FCA Case After Key Ruling
The government may pursue an alternate theory of its False Claims Act kickback case against Regeneron Pharmaceuticals Inc. and try again for a pretrial win after a First Circuit ruling created a "critical shift" in the law, a Massachusetts federal judge said Monday.
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August 04, 2025
Ga. Nursing Home Operator Doesn't Pay Proper OT, Suit Says
The operator of an Atlanta nursing home failed to pay certified nursing assistants for the overtime they worked, an employee said in a proposed collective action filed in Georgia federal court.
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August 04, 2025
Conn. Justices Block Rehab Center's Bid To Halt Rival Permit
A northwestern Connecticut drug rehabilitation facility lacks standing to challenge the state Department of Public Health's approval of a small-town rival's permit, the Connecticut Supreme Court ruled Monday, holding that a statute does not require regulators to consider effects on local competition when OK'ing new healthcare facilities.
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August 04, 2025
Barnes & Thornburg Adds Leader Of FDA Practices At 2 Firms
Barnes & Thornburg LLP has hired the former leader of both Husch Blackwell LLP and Michael Best & Friedrich LLP's U.S. Food and Drug Administration-focused practices who brings a perspective to its Washington, D.C., office that includes working at the agency for more than a decade.
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August 04, 2025
Healthcare Investor Clinches $1.86B For 5th Credit Fund
Healthcare investment firm OrbiMed, advised by Gunderson Dettmer Stough Villeneuve Franklin & Hachigian LLP, on Monday announced that it wrapped its latest fund after securing $1.86 billion of investment commitments, which will be used to partner with healthcare companies across various sectors.
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August 04, 2025
Holland & Knight Adds King & Spalding Health Pro In Houston
Holland & Knight LLP announced Monday that it has made a valuable addition to its healthcare team with a partner in Houston who came aboard after 17 years with King & Spalding LLP.
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August 01, 2025
Meta Illegally Recorded Flo Users' Data, Calif. Jury Finds
A California federal jury Friday found Meta Platforms Inc. liable for violating the state's wiretap law by using a data analytics tool to retrieve sensitive health data from users of the popular menstrual tracking app Flo, in what plaintiffs' counsel called "one of the first times" a major tech company has been held accountable for such practices.
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August 01, 2025
IP Owners Largely Win In Stewart's Newest Discretion Orders
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart dismissed most of the 50 petitions for inter partes review addressed in her latest decisions over discretionary denials at the Patent Trial and Appeal Board.
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August 01, 2025
AGs Sue Trump Over 'Onslaught Of Pressure' On Trans Care
The Trump administration has improperly "weaponized" federal laws against drug misbranding, false claims and female genital mutilation as part of a pressure campaign to undermine state protections for gender-affirming care, a coalition of state attorneys general argued in a new suit Friday.
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August 01, 2025
7th Circ. Tosses Rehab's Zoning Row With Ind. Town
The Seventh Circuit affirmed an Indiana town's win on Friday in an Americans with Disabilities Act and Rehabilitation Act suit lodged by companies that wanted to convert a local nursing home into a rehab facility.
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August 01, 2025
3 Injured In Assisted-Living Facility Fire Sue Owner, Alarm Co.
Three injured survivors of a deadly fire at a Fall River, Massachusetts, assisted-living facility last month have sued the owner and a fire alarm company, alleging that the owner ignored multiple safety issues and let the place become "a death trap."
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August 01, 2025
Deal Near In Sex Abuse Litigation Coverage Fight, Court Told
Counsel for a neurosurgery institute told a Pennsylvania federal court Friday it plans to confirm a final agreement with the institute's insurers in a coverage dispute over underlying litigation alleging former patients were assaulted by a now-deceased neurologist, as settlements are pending with each underlying plaintiff.
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August 01, 2025
En Banc 9th Circ. Backs LA Schools In Vax Mandate Fight
A majority en banc Ninth Circuit has affirmed a lower court's decision upholding Los Angeles Unified School District's COVID-19 vaccine mandate for employees, while two partially dissenting judges disagreed with the majority's conclusion that the policy passes constitutional muster.
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August 01, 2025
States Urge High Court To Keep NIH Grant Funds Flowing
A coalition of 16 states pressed the U.S. Supreme Court on Friday to reject the Trump administration's push to resume the mass termination of scientific research grants, saying a district judge had authority to pause the cuts.
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August 01, 2025
4 Mass. Rulings You May Have Missed In July
A cannabis company in the process of going out of business cannot rely on a state court receivership to shield it from creditors in other states, and the owners of shuttered Norwood Hospital can't renew an expired permit issued to bankrupt Steward Health.
Expert Analysis
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10 Practical Takeaways From FDA's Biopharma AI Guidance
Recent guidance from the U.S. Food and Drug Administration provides much-needed insight on the usage of artificial intelligence in producing information to support regulatory decision-making regarding drug safety, with implications ranging from life cycle maintenance to AI tool acquisition, say attorneys at Covington.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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How Health Cos. Can Navigate Data Security Regulation Limbo
Despite the Trump administration's freeze on proposed updates to the Health Insurance Portability and Accountability Act security rule, there are critical cybersecurity steps healthcare organizations can take now without clear federal guidance, says William Li at Axiom.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Lawmakers Shouldn't Overlook Rare Disease Therapies' Value
As the ORPHAN Cures Act is pending in Congress, policymakers assessing the value of certain drugs for price regulation should consider data beyond what is collected in clinical trials, say Alice Chen at the University of Southern California, and Molly Frean and Yao Lu at Analysis Group.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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What Trump's Order Means For The Legal Status Of IVF
An executive order signed by President Donald Trump last month signals the administration's potential intention to increase protections for in vitro fertilization services, though more concrete actions would be needed to resolve the current uncertainty around IVF access or bring about a binding legal change, says Jeanne Vance at Weintraub Tobin.
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Mitigating Tariff Risks For Healthcare In US And Canada
Healthcare stakeholders should take steps to evaluate the impact of cross-border tariffs, as the historically strong ties between Canada and the U.S. demonstrate the potential for real disruption and harm to the healthcare industry in both countries, say attorneys at Norton Rose.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Bid Protest Spotlight: Prejudice, Injunctions, New Regulations
In this month's bid protest roundup, Markus Speidel at MoFo looks at three recent decisions that consider whether a past performance evaluation needs to show prejudice to be successfully challenged, the prerequisites for injunctive relief and the application of new regulatory requirements to indefinite-delivery, indefinite-quantity contracts.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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What Advisory On Alcohol And Cancer May Mean For Cos.
While the federal government has yet to take concrete steps in response to a January advisory from the outgoing U.S. surgeon general on links between alcohol consumption and cancer, the statement has opened the door to potential regulatory, legislative and litigation challenges for the alcoholic beverage industry, say attorneys at Mayer Brown.
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What's At Stake In High Court Transgender Care Suit
The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.