Express Scripts on Wednesday agreed to what the Federal Trade Commission called a "landmark settlement" promising major changes to its drug formulary practices, allowing the company to duck out of a case accusing all three of the country's largest pharmacy benefit managers of inflating insulin prices through rebate schemes.
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THURSDAY, FEBRUARY 5, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

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Express Scripts Makes 'Fundamental Changes' In FTC Deal

By Bryan Koenig

Express Scripts on Wednesday agreed to what the Federal Trade Commission called a "landmark settlement" promising major changes to its drug formulary practices, allowing the company to duck out of a case accusing all three of the country's largest pharmacy benefit managers of inflating insulin prices through rebate schemes.

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Catholic Health System Escapes Tobacco Fee Suit In Missouri

By Kellie Mejdrich

Ascension Health Alliance escaped a former employee's proposed class action alleging a fee on tobacco-using workers' health plans violated federal benefits law, after a Missouri federal judge held the private Catholic healthcare system wasn't required to retroactively reimburse surcharges for workers who completed a tobacco cessation program.

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9th Circ. Reopens Funko Investors' Securities Class Action

By Ben Adlin

A Ninth Circuit panel Wednesday revived a proposed securities class action against toy-maker Funko Inc. and two former executives, ruling that shareholders sufficiently alleged that some company statements about its handling of millions of dollars of dead inventory were false and misleading.

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Law360 Seeks Members For Its 2026 Editorial Boards

Law360 is looking for avid readers of our publications to serve as members of our 2026 editorial advisory boards.

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EXECUTIVE COMPENSATION

Class Attys In Del. Northwest Biotherapeutics Praise Deal

By Jeff Montgomery

Delaware Chancery Court has lined up a March 16 settlement hearing for a four-year stockholder lawsuit alleging insiders of Northwest Biotherapeutics Inc. received $40 million in stock awards, with proposals including a call for the company to forfeit nearly 22.9 million stock options and it receiving $2.25 million.

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LITIGATION

Colo. Court Considers Hospital's Gender-Affirming Care Halt

By Rachel Konieczny

The families of patients of Children's Hospital Colorado who allege it is discriminating against their children through its suspension of gender-affirming medical care for youth patients told a Colorado state court Wednesday the stoppage has significantly harmed their children.

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Brief

Aerospace Workers Ask 4th Circ. To Revive 401(k) Fund Suit

By Elaine Briseño

Workers who alleged RTX Corp. illegally used forfeited retirement funds to pay the company's 401(k) contribution have asked the Fourth Circuit to revive their case after a Virginia federal judge ruled they had failed to state a claim.

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EXPERT ANALYSIS

How Specificity, Self-Dealing Are Shaping ERISA Litigation

Several recent cases, including the U.S. Supreme Court's forthcoming ruling in Anderson v. Intel, illustrate the competing forces shaping excessive fee litigation, with plaintiffs seeking flexibility, courts demanding specificity, fiduciaries facing increased scrutiny for conflicts of interest, and self-dealing amplifying exposure, says James Beall at Willig Williams.

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Series

Law School's Missed Lessons: Practicing Resilience

Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

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LEGAL INDUSTRY

Paul Weiss' Karp Steps Back After Epstein Email Revelations

By Hailey Konnath and Aebra Coe

Longtime Paul Weiss Rifkind Wharton & Garrison LLP chair Brad S. Karp has resigned from his leadership role, the firm announced Wednesday, a move that comes after the U.S. Department of Justice released numerous emails between Karp and Jeffrey Epstein.

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Baker McKenzie To Downsize Business Professional Jobs

By Tracey Read

Baker McKenzie, which has a legal services hub in Tampa, Florida, is in the process of downsizing business professionals' jobs, a firm spokesperson confirmed to Law360 Pulse on Wednesday.

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Ex-DLA Piper Partner Aims To Toss Claim He Raped Associate

By Jack Karp

Allegations that an ex-DLA Piper partner raped a former Boston-based associate in Delaware in 2022 should be tossed since the Massachusetts state court the case was filed in has no jurisdiction over the Delaware claim, according to the accused former partner.

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Goldstein Accountant Admits Tax Return Errors

By Jared Foretek

A star government witness and the top outside accountant for SCOTUSblog founder Thomas Goldstein and his law firm admitted to making mistakes on Goldstein's tax returns and offering the grand jury erroneous testimony, under cross-examination in the U.S. Supreme Court lawyer's tax fraud trial Wednesday.

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Analysis

Clemency Was 'Broken' Long Before Trump. Can It Be Fixed?

By Phillip Bantz

President Donald Trump has transformed what has historically been a bureaucratic process for seeking federal pardons and commutations into a more freewheeling affair with few clear rules — and no easy solutions for reform, experts say.

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Wachtel Missry Settles Liability In $26M Atty Malpractice Case

By Emily Sawicki

A dispute over who is liable for a former Wachtel Missry LLP partner's alleged exploitation of an elderly client has been settled on the eve of trial, while the Brooklyn federal judge declined to consider recusing himself despite "inadvertently" meeting with the firm's founding partner before the matter was fully put to rest.

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Ex-Fox News Host Decries Judge Pick's Arbitration Stance

By Courtney Buble

Gretchen Carlson, a former Fox News anchor and a leading advocate for ending forced arbitration of sexual harassment and assault in the workplace, has come out against a federal judicial nominee for Louisiana for her past comments on the issue.

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Trump Bid To Move NY Appeal Faces 'Fatal' Error, Judge Says

By Frank G. Runyeon

A Manhattan federal judge on Wednesday repeatedly aired doubts that President Donald Trump can upend the pending New York state appeal of his hush-money conviction by moving the case to federal court.

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Promo that reads 2025 Practice Groups of the Year

LAW FIRMS IN TODAY'S NEWS

Ashby & Geddes

Baker McKenzie

Ciardi Ciardi

Cravath Swaine

DLA Piper

Dechert LLP

DiCello Levitt

Fennemore

Garnett Powell

Gibson Dunn

Goldstein & Russell

Groom Law Group

Hamilton Lincoln

Jackson Lewis PC

Keller Rohrback

Latham & Watkins

Lehotsky Keller

Libby Hoopes

Matthew G. Miller PC

Munger Tolles

Nelson Mullins

Paul Weiss

Pollard PLLC

Pryor Cashman

Purcell & Lefkowitz

Quarles & Brady

Richards Layton

Robbins Geller

Rosenberg Freedman

Rule Garza

Seyfarth Shaw

Shah Litigation

Shapiro Arato

Siri & Glimstad

Smith Katzenstein

Sullivan & Cromwell

Wachtel Missry

Webster Book LLP

Whiteford Taylor

Williams & Connolly

Willig Williams

WilmerHale

COMPANIES IN TODAY'S NEWS

Aetna Inc.

Apollo Global Management LLC

Ascension Health Inc.

Binance Holdings Ltd.

CVS Health Corp.

Children's Hospital Colorado

Cornell University

Deloitte Touche Tohmatsu Ltd.

Evernorth Health Services

Express Scripts Holding Co.

Funko LLC

Intel Corp.

LinkedIn Corp.

Medco Health Solutions Inc.

New York University

Northwest Biotherapeutics Inc.

OptumRx Inc.

Parabellum Capital LLC

Parker-Hannifin Corp.

Pentegra Services Inc.

RTX Corp.

Rensselaer Polytechnic Institute

The Cigna Group

The New York Times Co.

UnitedHealth Group Inc.

Zinc Health Services LLC

GOVERNMENT AGENCIES IN TODAY'S NEWS

Alaska Department of Law

Delaware Court of Chancery

Executive Office of the President

Federal Election Commission

Federal Trade Commission

Internal Revenue Service

Manhattan District Attorney's Office

Superior Court of Massachusetts

U.S. Attorney's Office for the District of Maryland

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Department of Justice

U.S. District Court for the District of Alaska

U.S. District Court for the District of Maryland

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

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

U.S. District Court for the Eastern District of New York

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

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Arkansas

U.S. District Court for the Western District of Missouri

U.S. District Court for the Western District of Texas

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Colorado