Steward Health Care has told a Delaware bankruptcy judge it has found buyers for two of the facilities in its first round of hospital sales in its Chapter 11 case, but three others had attracted no qualified bids.
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WEDNESDAY, JULY 24, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Steward Health Care Finds Buyers For 2 Hospitals

By Rick Archer

Steward Health Care has told a Delaware bankruptcy judge it has found buyers for two of the facilities in its first round of hospital sales in its Chapter 11 case, but three others had attracted no qualified bids.

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1st Circ. Hints At Higher Bar For Feds In Anti-Kickback Cases

By Julie Manganis

The First Circuit on Monday questioned the government's assertion that Congress intended to broaden the standard for liability in False Claims Act kickback cases when it passed a key amendment in 2010.

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FTC Tells 5th Circ. Anesthesia Co. Can't Stop Antitrust Case

By Jared Foretek

The Federal Trade Commission is telling the Fifth Circuit to dismiss U.S. Anesthesia Partners Inc.'s appeal in the FTC's antitrust case against it, saying the circuit court has no jurisdiction in the appeal because the lower court ruling at issue falls outside the scope of the collateral order doctrine.

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Analysis

What Attorneys Need To Know About JD Vance

By Hannah Albarazi

Vice presidential nominee JD Vance's brief legislative record shows he is aligned with his fellow Republicans on hot-button issues like abortion and immigration, but it also indicates that the senator from Ohio may be willing to break with the GOP mainstream when it comes to regulating big business. Here's what attorneys should know about the vice presidential candidate.

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ENFORCEMENT & COMPLIANCE

Bankrupt Nursing Homes To Pay $36M To End DOL Wage Suit

By Irene Spezzamonte

More than a dozen bankrupt nursing homes will have to pay nearly $36 million in a U.S. Department of Labor's suit claiming workers weren't paid full wages after creating "an adversarial" payroll structure, a Pennsylvania federal judge ruled Monday.

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Brief

Allarity Warns Of SEC Suit Over Cancer Drug Statements

By Jessica Corso

Clinical stage pharmaceutical company Allarity Therapeutics informed investors Monday that the U.S. Securities and Exchange Commission is preparing to sue following an investigation into statements the company made as it sought approval for a new cancer treatment.

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LITIGATION

AbbVie Challenges Mo. Drug Discount Program Requirements

By Hailey Konnath

AbbVie Inc. on Monday asked a Missouri federal court to block a state law that adds requirements to participate in the federal drug discount program, claiming that the measure violates both the federal and Missouri constitutions.

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Anthem Blue Cross Wants Lab's $3.8M Suit Tossed

By P.J. D'Annunzio

Anthem Blue Cross Blue Shield of Connecticut has asked a federal judge to toss a medical lab's lawsuit seeking nearly $3.8 million from it for refusing to pay for or underpaying for lab work and COVID-19 tests, arguing the claims are "baseless."

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Claims Court Upholds JV's $15M Boiler Plant Contract

By Ali Sullivan

A Court of Federal Claims judge rejected a construction company's protest over a $14.7 million U.S. Department of Veterans Affairs contract for renovating a boiler plant at a VA medical center in Pennsylvania, saying the agency reasonably awarded the contract to a mentor-protégé joint venture based on "best value trade-off."

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Catching Up With Delaware's Chancery Court

By Leslie A. Pappas

A $6 million bank fee, a $42.5 million shopping mall deal, some questionable Amazon deliveries and long-ago expired ketchup: it was all part of the comings and goings in Delaware's Court of Chancery last week. New cases involved mining and cybersecurity companies, board takeovers, "weaponized" director election provisions, and legal fees following a $3.1 billion telecom merger. In case you missed it, here's the latest from the Chancery Court.

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Ga. Child Therapists Say Employer Cheated Them Out Of Pay

By Abby Wargo

A Georgia children's therapy provider has not been paying its registered behavior technicians for the time spent working before appointments, traveling, performing administrative work and attending required training sessions, four ex-workers claimed in a proposed collective action in federal court.

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Brief

NC Hospital, Patients Nearing Deal In Hacking Suit

By Ryan Harroff

Columbus Regional Healthcare System and the patients who accused it of failing to properly protect their personal information at its North Carolina hospital have reached a tentative settlement agreement, according to a new notice asking the Tar Heel State's business court to pause proceedings while they hash it out.

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Brief

Groups Ask 3rd Circ. To Reverse Medicare Drug Price Rulings

By George Woolston

A conservative group was one of several organizations to file amicus curiae briefs with the Third Circuit on Friday urging it to reverse a lower court's finding that Medicare's ability to negotiate drug prices with pharmaceutical companies does not run contrary to the companies' constitutional rights.

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BANKRUPTCY

Brief

Price-Fixing Claims Against Par Pharma On Chopping Block

By Brian Steele

A Connecticut federal judge has asked a coalition of states to explain why he shouldn't toss two price-fixing lawsuits against Par Pharmaceutical Companies Inc., noting that the defendant and its parent, Endo International PLC, recently filed Chapter 11 reorganization plans shielding them from the cases.

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LEGAL INDUSTRY

Polsinelli Lands In Philly With 20-Plus Holland & Knight Attys

By James Boyle

National law firm Polsinelli PC announced Tuesday it planned to expand its footprint into Philadelphia by opening a new office in the city with more than 20 shareholders who are moving their practices from Holland & Knight LLP.

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Analysis

Knives Out For Another Pro-Agency Landmark After Chevron

By Jeff Overley

Only weeks after U.S. Supreme Court conservatives took a hatchet to the judicial deference shown to federal agencies, right-leaning lawyers are imploring the justices to rock the administrative law realm again by gutting a New Deal-era precedent at the heart of the modern regulatory system.

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Analysis

Labor Dept. ESG Rule May Survive Chevron's Demise

By Kellie Mejdrich

The Fifth Circuit recently overturned a ruling that relied on the now-defunct doctrine of Chevron deference to uphold a U.S. Department of Labor rule covering socially conscious retirement plan investing, but some experts believe the rule has a good chance at surviving — even with the precedent off the books.

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Senate Dems Roll Out Bill To Codify Chevron Deference

By Courtney Bublé

Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.

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US, UK, EU Antitrust Enforcers Outline AI Principles

By Bryan Koenig

The top antitrust officials from the U.S. Justice Department, the Federal Trade Commission, the European Commission and the U.K.'s Competition and Markets Authority presented a unified international commitment Tuesday to closely monitor artificial intelligence technology and the companies that they warned could wield AI anticompetitively.

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Northern District Of NY Judge To Take Senior Status

By Tracey Read

U.S. District Judge Glenn Suddaby of the Northern District of New York will take senior status as of Sept. 1.

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After Trump Attack, GOP Presses DOJ On Justices' Security

By Hannah Albarazi

Two Republican U.S. House representatives pressed the U.S. Department of Justice on Tuesday for information on security measures protecting court officers, warning that limitations on the U.S. Marshals Service's authority to arrest protesters near justices' homes are "dangerous and misguided," especially after former President Donald Trump's attempted assassination.

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No Victims, No Fraud, Trump Says In $465M Judgment Appeal

By Carolina Bolado

Donald Trump has appealed the $465 million judgment against him, arguing that the New York attorney general exceeded her authority in her civil fraud suit against the former president because the statute in question does not apply to victimless transactions.

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Hogan Lovells Wants Afghanistan Atty Fee Award Enforced

By Hailey Konnath

Hogan Lovells US LLP has asked a New York federal court to enforce a more than $1.2 million award it secured against Afghanistan in arbitration over fees it says it's owed for the firm's work representing the country in various legal matters, including litigation over the 9/11 terrorist attacks.

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X's Tesla Ties Could Require Judge's Recusal, Watchdog Says

By Lauren Berg

Elon Musk's X Corp. wants to avoid disclosing its financial links with Tesla in the social media company's defamation lawsuit against Media Matters for America because the Texas federal judge overseeing the case likely holds Tesla stock and would need to recuse himself, the progressive media watchdog said.

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NYU Law Gets $30M Gift For Supreme Court Reform Center

By Adrian Cruz

The Brennan Center for Justice at the New York University School of Law announced Tuesday that philanthropist and businessman Jim Kohlberg has committed $30 million for the establishment of a new unit focused on U.S. Supreme Court reform.

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Secret Service Chief Out Amid Trump Rally Shooting Probes

By Matthew Santoni

U.S. Secret Service Director Kimberly A. Cheatle resigned Tuesday, the day after lawmakers at a contentious congressional hearing demanded she step down following her agency's failure to stop the July 13 assassination attempt on former President Donald Trump in Pennsylvania.

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Convicted Sen. Menendez Of NJ Resigning Aug. 20

By Courtney Bublé

U.S. Sen. Bob Menendez has decided to resign as the U.S. Senate Ethics Committee was moving swiftly to consider whether he should be expelled or censured after his conviction last week on 16 corruption charges.

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Schiff's Bill Would Expand FOIA Provisions To Federal Courts

By Bonnie Eslinger

Rep. Adam Schiff, D-Calif., introduced legislation Tuesday that would extend the rights provided by the federal Freedom of Information Act to the work of the judicial branch.

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FTC Attys On Kroger Case Get Extensions After IT Outage

By Nadia Dreid

The administrative law judge overseeing the Federal Trade Commission's in-house challenge to Kroger and Albertsons' $25 billion merger has given the agency and the grocery behemoths two extra days on a couple of filing deadlines after the FTC said the worldwide Microsoft outage left several counsel laptops unusable.

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JetBlue Upgrades Former Deputy To General Counsel Seat

By Lauren Berg

JetBlue Airways Corp. announced Tuesday that it has tapped a former member of its legal leadership team as the company's next general counsel and corporate secretary.

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Chamber Rips Multibillion-Dollar Atty Fee Bid In Musk Pay Suit

By Jeff Montgomery

The nation's largest business organization has urged Delaware's Court of Chancery to adopt sweeping curbs to jumbo plaintiff attorney fee awards, declaring a multibillion-dollar fee bid following the cancellation of Tesla CEO Elon Musk's stock-based pay plan "shocks the conscience."

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Texas Legal Services Biz Escapes Most Data Breach Claims

By Rose Krebs

A Texas federal judge has trimmed most claims in a proposed class action over a legal services company's data breach, leaving a negligence claim lodged by one plaintiff who alleges he was a victim of identity theft due to the breach.

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Litigation Funder Says Apple Doc Request Is 'Mere Suspicion'

By Jack Karp

Apple Inc. is trying to make an "end run" around a California trial court by demanding that Omni Bridgeway LLC turn over documents explaining its financial interest in patent litigation against Apple based on "mere suspicion," the litigation funder has told a Delaware federal judge.

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Prosecutor Turned Witness: 'Rust' Case Shows Rare Dilemma

By Phillip Bantz

The botched "Rust" trial of Alec Baldwin and Donald Trump's election interference case in Georgia have offered scarce examples of prosecutors taking the stand, demonstrating how ethics scandals can snowball and make government attorneys choose between protecting themselves or their cases.

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11th Circ. Should Uphold Tax Court Protection, IRS Says

By Anna Scott Farrell

The Eleventh Circuit should uphold a U.S. Tax Court ruling that denied a widow tax relief and also rejected her claim that Tax Court judges have unconstitutional job protection, the Internal Revenue Service told the circuit court.

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Brief

SEC Names New Acting Head Of Exams

By Sarah Jarvis

The U.S. Securities and Exchange Commission has announced that the deputy director of its examinations division will serve as the unit's new acting director, as the previous director takes a leave of absence to focus on his health.

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COMPANIES IN TODAY'S NEWS

3G Capital

AbbVie Inc.

Albertsons Cos. Inc.

Allergan PLC

Amazon.com Inc.

American Arbitration Association

American Federation of Labor & Congress of Industrial Organizations

Apollo Global Management LLC

Apple Inc.

Arthrex Inc.

Associated Press

AstraZeneca PLC

Aurobindo Pharma Ltd.

B. Riley Financial Inc.

Biotechnology Innovation Organization

Brennan Center for Justice

Bristol-Myers Squibb Co.

Brookfield Property Partners LP

Cerberus Capital Management LP

Cerence Inc.

Chevron Corp.

Clayton Dubilier & Rice LLC

Columbus Regional Healthcare System Inc.

Comcast Corp.

Competitive Enterprise Institute

Comprehensive Healthcare

Consolidated Communications Holdings Inc.

Covetrus Inc.

CrowdStrike Holdings Inc.

Deutsche Bank AG

Endo International PLC

Exabeam Inc.

First Republic Bank

Fordham University

Fresenius Medical Care AG & Co. KGAA

GRAIL Inc.

Gallup Inc.

Generac Power Systems Inc.

General Growth Properties Inc.

Genesis Diagnostics

George Washington University

Getty Images Holdings Inc.

Illumina Inc.

International Business Machines Corp.

Iovance Biotherapeutics Inc.

JetBlue Airways Corp.

Johnson & Johnson

Johnson Rice & Co. LLC

Ladder Capital Corp.

LinkedIn Corp.

Masimo Corp.

McAfee Inc.

Microsoft Corp.

Moelis & Co.

NBCUniversal Media LLC

National Association of Consumer Advocates

Natural Resources Defense Council

New Civil Liberties Alliance

New York State Bar Association

New York University

Norfolk Southern Corp.

Ohio State University

Omni Bridgeway Ltd.

Oracle Corp.

Par Pharmaceutical Cos. Inc.

Peloton Interactive Inc.

Public Co. Accounting Oversight Board

Regeneron Pharmaceuticals Inc.

SVB Financial Group

Searchlight Capital Partners LP

Spirit Airlines Inc.

Steward Health Care System LLC

TPG Capital LP

Tesla Inc.

Teva Pharmaceutical Industries Ltd.

The Kraft Heinz Co.

The Kroger Co.

The State University of New York

Therapeutics Inc.

Thoma Bravo LLC

Trump Organization Inc.

Twitter Inc.

U.S. Anesthesia Partners

U.S. Chamber of Commerce

U.S. Silica Holdings Inc.

Union of Concerned Scientists

Villanova University

Vista Equity Partners Management LLC

Welsh Carson Anderson & Stowe

Whirlpool Corp.

LAW FIRMS IN TODAY'S NEWS

Andrews & Springer

Arnold & Porter

Baron & Budd

Beck Redden

Bernstein Litowitz

Bowman & Brooke

Burns White

Chestnut Cambronne

Clement & Murphy

Continental PLLC

Covington & Burling

Cravath Swaine

DLA Piper

Debevoise & Plimpton

Dechert LLP

Eckert Seamans

Elias Law Group LLP

Emerson Firm

Faegre Drinker

Friedman Oster

Gibson Dunn

Haar & Woods

Habba Madaio

Herrick Feinstein

Hogan Lovells

Holland & Knight

Hunton Andrews

Jackson Lewis PC

Jones Day

Kellogg Hansen

King & Spalding

Kirkland & Ellis

Margulis Gelfand

McDonald Hopkins

McKool Smith

Milberg Coleman

Morgan & Morgan

Morian Law

Morris Nichols

Mullen Coughlin

Munger Tolles

Nelson Mullins

Paul Weiss

Pollack Pollack

Polsinelli PC

Quinn Emanuel

Rawle & Henderson

Reddy Law Firm PC

Rhine Law Firm PC

Robert & Robert PLLC

Robins Kaplan

Ropes & Gray

Ross Aronstam

Seila Law

Seyfarth Shaw

Siri & Glimstad

Steckler Wayne

The Reddy Law Firm

Thompson Hine

Troutman Pepper

Tyson & Mendes

Weil Gotshal

Whiteford Taylor

Williams & Connolly

Williams Mullen

GOVERNMENT AGENCIES IN TODAY'S NEWS

Competition and Markets Authority

Congressional Research Service

Consumer Financial Protection Bureau

Delaware Court of Chancery

European Commission

Federal Bureau of Investigation

Federal Communications Commission

Federal Deposit Insurance Corp.

Federal Housing Finance Agency

Federal Trade Commission

Food and Drug Administration

Internal Revenue Service

New York Attorney General's Office

Small Business Administration

U.S. Bankruptcy Court for the Western District of Pennsylvania

U.S. Consumer Product Safety Commission

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Commerce

U.S. Department of Health and Human Services

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of Veterans Affairs

U.S. District Court for the District of Connecticut

U.S. District Court for the District of Delaware

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

U.S. District Court for the Northern District of Georgia

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

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

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

U.S. House of Representatives

U.S. Marine Corps

U.S. Secret Service

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

U.S. Tax Court

United Nations