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Life Sciences
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February 26, 2026
Justices Told 'Skinny Label' Case Puts Generic Drugs At Risk
The U.S. government, one named sponsor of the Hatch-Waxman Act, a generic-drug industry group and more have warned the U.S. Supreme Court that a decision that allowed a patent case involving a so-called skinny label to proceed threatens the availability of low-cost generic drugs.
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February 26, 2026
Squires Grants 3 IPRs, Denies 10, Marks RPI Order Informative
U.S. Patent and Trademark Office Director John Squires has issued guidance on when real-parties-in-interest errors won't lead to denied petitions, and then instituted three inter partes reviews in his latest bare-bones mass decision.
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February 26, 2026
Chancery Asked To OK $7.6M Deal To End $1.5B De-SPAC Row
Stockholders of special purpose acquisition company HighCape Capital LP have sought Delaware Court of Chancery approval for a $7.6 million settlement of a class suit accusing company principals of pursuing an overpriced take-public merger of biopharmaceutical tech company Quantum-Si, in litigation complicated by an unusual discovery stumble.
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February 26, 2026
Boston Scientific Wins Toss Of Spinal Device Suit
Boston Scientific escaped a suit alleging that its spinal implant device malfunctioned and caused a Michigan man pain and permanent injuries, after a federal judge ruled that each of the plaintiff's claims are preempted by federal law.
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February 26, 2026
Kenvue Can't Duck Texas AG's Tylenol Autism Suit
A Texas state court Thursday rejected Kenvue's bid to toss a lawsuit that Texas' attorney general has brought alleging Tylenol taken during pregnancy could cause autism in children, even though it is marketed as the safest pain relief for pregnant women and young children.
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February 26, 2026
$200M Antitrust Deal Can Shield Drugmakers In States' Claims
Sun Pharmaceutical and Taro Pharmaceuticals can use their $200 million settlement with the "end payors" for generic drugs in an alleged price-fixing scheme as a defense in a similar lawsuit brought by 47 states and territories, the Connecticut federal judge overseeing the case ruled Wednesday.
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February 26, 2026
Life Sciences Group Of The Year: Covington
Covington & Burling LLP's recent work advising Novartis on its $12 billion acquisition of Avidity Biosciences Inc., boosting the Swiss pharmaceutical giant's neuroscience portfolio, is among the reasons the firm landed among the 2025 Law360 Life Sciences Groups of the Year.
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February 26, 2026
Hawaii Officials Fight Claim That Hemp Law Violates Farm Bill
Hawaii's attorney general and health department director are urging a federal court to throw out a challenge to new hemp regulations, arguing that they have immunity under the 11th Amendment and that the regulations don't conflict with the Agriculture Improvement Act of 2018, also known as the Farm Bill.
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February 26, 2026
Feds Back Pharma In 340B Contract Pharmacy Disputes
State laws that block drugmakers from imposing restrictions on federally funded hospitals and the contract pharmacies they use to dispense discounted drugs under the 340B drug discount program are violating federal law, the Trump administration said, siding with manufacturers in their bid to strike down these laws.
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February 25, 2026
Online Abortion Pill Provider Illegally Ships To Texas, AG Says
Texas Attorney General Ken Paxton sued Aid Access, its founder and a California doctor in state court Tuesday alleging they operate an "abortion-by-mail enterprise" that ship abortion-inducing drugs to Texas residents, which is endangering the lives of unborn children and their mothers.
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February 25, 2026
White House Cites Fraud, Freezes $259M In Minn. Medicaid
The Trump administration on Wednesday said it would hold back $259.9 million in Medicaid funding for Minnesota as part of what it called an unprecedented effort to combat fraud in programs that support low-income families.
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February 25, 2026
Fed. Circ. Gene Therapy Ruling Gives Rare Eligibility Clarity
When the Federal Circuit revived the University of Pennsylvania's gene therapy patent last week, it provided a bright-line rule that's often missing in the debate over patent eligibility, attorneys say.
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February 25, 2026
$17.9M Drug Price-Fixing Deal Advances Despite Objections
A Connecticut federal judge on Wednesday advanced a $17.9 million generic drug price-fixing settlement between 48 states and territories and pharmaceutical companies Bausch Health US LLC, Bausch Health Americas Inc. and Lannett Co. Inc., sidelining objections by consumers suing separately in a Pennsylvania multidistrict litigation case.
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February 25, 2026
Birth Control Shot Plaintiffs Lose Mid-Case Appeal Bid In Del.
The Delaware Supreme Court has refused to hear an interlocutory appeal in product liability litigation over the contraceptive injection Depo-Provera, leaving in place a set of case-management orders designed to streamline what is expected to become hundreds of lawsuits in the state.
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February 25, 2026
NJ Judge Trims J&J And Neutrogena Benzene Suit
A New Jersey federal judge has slashed state and common law claims in a multistate proposed class action alleging that acne cream produced by Johnson & Johnson Consumer Inc. and Kenvue Inc. contained a cancer-causing chemical without warning labels, saying the buyers' claims missed "a step" and were "circular."
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February 25, 2026
9th Circ. Undoes $278M Eli Lilly Payment In Insulin Case
The Ninth Circuit ruled against a lower court Wednesday in saying pharmaceutical giant Eli Lilly does not owe $278 million in royalties to an Arizona company for insulin-brands sales, saying an agreement between the companies did not cover insulin products Eli Lilly made using a certain yeast expression technology.
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February 25, 2026
Philly Says PBMs Can't Exit Suit Over Opioid Crisis
The city of Philadelphia on Wednesday defended its lawsuit against CVS Health Corp. and other pharmacy benefit managers over allegedly fueling the opioid crisis, urging a Pennsylvania federal judge to reject the PBMs' arguments that they should be let out of the litigation for lack of a valid legal claim.
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February 25, 2026
Hagens Berman Fights Fee Demand Amid Misconduct Claims
Hagens Berman Sobol Shapiro LLP has blasted as premature a bid from drugmakers in Pennsylvania federal court calling for the firm to cover the fees and costs of a special master who alleged the firm committed misconduct in product liability actions over the morning sickness drug thalidomide.
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February 25, 2026
Life Sciences Group Of The Year: Davis Polk
Davis Polk & Wardwell LLP attorneys advised Intra-Cellular Therapies Inc. on its $14.6 billion sale to Johnson & Johnson, guided Endo Inc. through its $6.7 billion merger with Mallinckrodt PLC and advised Novo Nordisk in its proposed $9.1 billion acquisition of Metsera, earning it a spot among the 2025 Law360 Life Sciences Groups of the Year.
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February 25, 2026
Taft Adds 5-Person IP Team From McAndrews Held
Taft Stettinius & Hollister LLP announced on Wednesday that it has hired a group of four attorneys and one patent agent from McAndrews Held & Malloy Ltd. in the Chicago, Minneapolis and West Palm Beach, Florida, offices.
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February 25, 2026
Budtender Alleges Dispensary Gives Tips To Managers
A proposed class of budtenders is suing an Illinois dispensary and its management company, saying they violate state and federal labor law by pooling tips and distributing them to managers as well as the budtenders.
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February 25, 2026
Moderna's Damages Expert Limited In March Patent Trial
Moderna's damages expert was blocked from offering testimony about what a reasonable royalty would be in a suit alleging its COVID-19 vaccine infringed a rival's patents, after a federal judge found that part of the testimony wasn't reliable.
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February 25, 2026
Novo's $2.1B Vivtex Deal Boosts Obesity Drug Pipeline
Novo Nordisk said on Wednesday it is partnering with Vivtex Corp. on a deal worth up to $2.1 billion to develop drugs for obesity and related conditions, pressing ahead with a weight loss-drug franchise that has delivered rapid growth alongside regulatory scrutiny and courtroom clashes.
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February 24, 2026
9th Circ. Grants Atty Fee Appeal In Eye Drop Pricing Suit
District courts cannot reduce fee awards to attorneys based on a firm's size, the Ninth Circuit ruled in a published opinion Tuesday, sending a case back to a California federal court to recalculate attorney fees awarded to a "small" firm that represented wholesalers in a Robinson-Patman Act suit against eye drop manufacturers.
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February 24, 2026
Ariz., Calif. Lead Suit Over 'Senseless' HHS Vaccine Overhaul
Arizona and California are leading a coalition of states challenging the U.S. Department of Health and Human Services' decision to cut vaccine recommendations for American children, alleging in a lawsuit Tuesday that the "unprecedented attack" stems from HHS Secretary Robert F. Kennedy Jr.'s "unscientific hostility to vaccines."
Expert Analysis
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Cannabis Industry Faces An Inflection Point This Year
Cannabis industry developments last year — from the passage of a new wholesale tax in Michigan, to an executive order accelerating the federal rescheduling process — presage a more mature phase of legalization this year, with hardening expectations and enforcement to come, says Alex Leonowicz at Howard & Howard.
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Series
Fly-Fishing Makes Me A Better Lawyer
Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.
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4 Ways GCs Can Manage Growing Service Of Process Volume
As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.
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Series
The Law Firm Merger Diaries: Forming Measurable Ties
Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.
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AG Watch: Va. Insulin Price Probe Signals Rising Scrutiny
Virginia Attorney General Jason Miyares' recent investigation into insulin manufacturers and pharmacy benefit managers for allegedly colluding to artificially inflate insulin prices reflects a broader trend to leverage consumer protection authority in high-impact healthcare matters, and the upcoming leadership change is unlikely to diminish scrutiny in this area, says Chuck Slemp at Cozen O'Connor.
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FDA's AI Deployment Brings New Potential And Risks
The U.S. Food and Drug Administration's recent announcement about making agentic artificial intelligence tools available to agency employees may portend accelerated regulatory timelines and lower costs for drug companies and consumers, but potential errors and biases will necessitate additional safeguards, says Angela Silva at Lewis Brisbois.
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3 Key Takeaways From Planned Rescheduling Of Cannabis
An executive order reviving cannabis rescheduling represents a monumental change for the industry and, while the substance will remain illegal at the federal level, introduces several benefits, including improving state-legal cannabis operators' tax treatment, lowering the industry's legal risk profile, and leaving state-regulated markets largely intact, say attorneys at Dentons.
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6 Issues That May Follow The 340B Rebate Pilot Challenge
Though the Health Resources and Services Administration withdrew a pending case to reconsider the controversial 340B rebate pilot program, a number of crucial considerations remain, including the likelihood of a rework and questions about what that rework might look like, say attorneys at Spencer Fane.
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5 E-Discovery Predictions For 2026 And Beyond
2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.
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Streamlining Product Liability MDLs With AI And Rule 16.1
With newly effective Rule 16.1 of the Federal Rules of Civil Procedure providing enhanced guidance on multidistrict litigation and the sophistication of artificial intelligence continuing to advance, parties have the opportunity to better confront the significant data challenges presented by product liability MDLs, say attorneys at Hollingsworth.
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Business Considerations Amid Hemp Product Policy Change
With the passage of a bill fundamentally narrowing the federal definition of "hemp," there are practical and business considerations that brands, manufacturers and other parties should heed over the next year, including operational strategies, evaluating contract and counterparty risk, and tax implications, say attorneys at Foley Hoag.
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Series
Judges On AI: How Courts Can Boost Access To Justice
Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.
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Fed. Circ. In November: Looking For Patent 'Blaze Marks'
The Federal Circuit's recent decision in Duke v. Sandoz serves as a warning that when patentees craft claims, they must provide adequate "blaze marks" that direct a skilled artisan to the specific claimed invention, and not just the individual claimed elements in isolation, say attorneys at Knobbe Martens.
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2025's Most Notable State AG Activity By The Numbers
State attorneys general were active in 2025, working across party lines to address federal regulatory gaps in artificial intelligence, take action on consumer protection issues, continue antitrust enforcement and announce large settlements on behalf of their citizens, say attorneys at Jenner & Block.
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Opinion
The Case For Emulating, Not Dividing, The Ninth Circuit
Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.