Analysis

'A Moral Hazard': Kalshi Drug Trial Bets Spark Ethical Qualms

By Chris Villani

Kalshi Inc. opening prediction markets for clinical drug trials has raised a host of compliance concerns for attorneys, including the risk of insider trading among the wide swaths of stakeholders in the know about the trials, as well as the danger of compromising the trials themselves.

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DOJ Aims To 'Attack Fraud From All Angles' Via New Division

By Sarah Jarvis

The U.S. Department of Justice's new fraud division has issued fresh guidance on its prosecution methodology, with the division's head directing prosecutors to seize assets before indictments and pursue upward variances in sentencing guidelines in some cases as part of a stated push to use the division's "full arsenal of criminal statutes" in combating fraud.

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Hospitals Ask Court To Block Revised Plan For 340B Rebates

By Dan McKay

The American Hospital Association and four safety-net hospitals in Maine sued the Trump administration Friday to block plans to establish a rebate system in the 340B drug discount program, alleging it violates procedural requirements and threatens hospital finances.

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Eli Lilly Lobs 4 Suits Alleging Illegal Weight Loss Drug Sales

By Mike Curley

Eli Lilly and Co. has sued an Arizona weight loss clinic and three online sellers, alleging they are illegally selling products containing the pharmaceutical giant's investigational molecule that has not yet been approved for use in any drug, endangering consumers in a mockery of safety guidelines.

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9th Circ. Says AmeriBen Data Breach Enough To Allege Injury

By Gina Kim

The Ninth Circuit on Friday revived a proposed data breach class action alleging health plan administrator AmeriBen unlawfully revealed patients' information, ruling the disclosures were enough to sustain a lawsuit even if the underlying information might seem "mundane."

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DA Pans Mangione's Double Jeopardy Bid In NY Murder Case

By Frank G. Runyeon

New York prosecutors on Friday panned Luigi Mangione's bid to dismiss his state murder case, arguing that his guilty plea to federal stalking charges does not subject him to unlawful double jeopardy, as the second-degree murder charge is meant to prevent a different kind of "harm or evil."

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Expert's Failure To Identify Doctors Dooms Texas Med Mal Suit

By Y. Peter Kang

A Texas appellate court has tossed a medical malpractice lawsuit accusing three doctors of failing to diagnose a woman's brain cyst, holding that the plaintiff's expert report failed to identify which physicians allegedly caused the woman's injuries.

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IVF Genetic Test Class Can't Prove Inaccurate Results

By George Woolston

A New Jersey federal judge has thrown out a proposed class action alleging a genetic testing company misled consumers about the accuracy of in-vitro fertilization patient tests, ruling the plaintiffs failed to show they actually received inaccurate results.

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Estate Says Insurer Must Cover Fatal Hyperbaric Chamber Suit

By Danielle Ferguson

The parents of a 5-year-old killed in a hyperbaric chamber explosion and the center where he was receiving the therapy urged a Michigan federal court to reject an insurer's bid to avoid defending the center, saying that insurance coverage is warranted in the family's wrongful-death suit.

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Gene Therapy Patent Suit Against Sarepta Comes To Close

By Adam Lidgett

Sarepta Therapeutics Inc. no longer has to face a lawsuit accusing it of infringing a University of Pennsylvania gene therapy patent licensed by clinical-stage biotechnology company Regenxbio Inc. after the parties told a Delaware federal judge they agreed to end the case.

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Woman Says Emory Healthcare's Inaction Led To Son's Death

By Kelcey Caulder

A Georgia woman sued Emory University and Emory Healthcare Inc. in state court, alleging they refused repeated requests to check on her son, who was later found unresponsive in a hospital parking deck and died of an accidental fentanyl overdose.

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Squires Grants 4 PTAB Petitions, Rejects 3 In New Drop

By Dani Kass

U.S. Patent and Trademark Office Director John Squires has instituted four new America Invents Act reviews at the Patent Trial and Appeal Board and turned down three in his newest mass order.

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Roundup

ERISA Recap: 6 Notable Decisions From September

By Kellie Mejdrich

The Tenth and Seventh circuits issued published opinions in two union retirement disputes, while the Sixth Circuit found that the Commonwealth of Kentucky's lawsuit against pharmacy benefit managers does not belong in state court, citing colorable federal preemption arguments. Here's more on those decisions and three other notable rulings involving the Employee Retirement Income Security Act that came down in September.

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Feds Again Turn To 9th Circ. In Fight Over ICE Facility

By Gina Kim

The Trump administration said Friday it will ask the Ninth Circuit to overturn a trial court decision requiring ICE to give independent monitors access to conduct inspections and electronic records for detained immigrants at a lockup in Adelanto, California, where a judge has twice called for conditions to be improved.

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Brief

Logistics Cos. Can't Pause Tobacco Fee Suit

By Grace Elletson

A Connecticut federal judge on Friday shut down two logistics companies' bid to stay discovery in a case claiming they didn't properly reimburse employees who paid a health plan fee for tobacco use, ruling a pause wasn't warranted given the suit's history.

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Latham-Led Consonance Clinches $1.35B Healthcare Fund

By Jade Martinez-Pogue

Latham & Watkins LLP-advised healthcare private equity shop Consonance Capital Partners on Friday revealed that it closed its latest fund with $1.35 billion of investor commitments.

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TRex Bio Leads 2 Drugmakers Pricing IPOs Totaling $162M

By Jade Martinez-Pogue

Two clinical-stage biotechnology firms, TRex Bio and Retension Pharmaceuticals, hit the public markets on Friday after raising a combined $162 million in their initial public offerings.

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Health Plan Takeaways After 2nd Circ. No Surprises Act Ruling

While the Second Circuit's recent ruling in East Coast Advanced Plastic Surgery v. Cigna gives health plans breathing room in finding that healthcare providers cannot enforce out-of-network billing dispute resolution awards in court, sponsors should not assume that declining to pay awards will go unaddressed by regulators, say attorneys at Thompson Hine.

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Squire Patton, Holland & Knight Report Data Breaches

By Jake Maher

Squire Patton Boggs LLP and Holland & Knight LLP were hit with cyberattacks exposing sensitive information, according to disclosures filed this week.

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Up Next At High Court: Criminal Sentences & Video Privacy

By Katie Buehler

The U.S. Supreme Court will close out its October sitting by hearing oral arguments in two cases that ask what level of deference federal district courts should give to commentary interpreting the federal sentencing guidelines, and what purchases are protected under a video consumer privacy statute.

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Ill. Judge Lays Out Doc Demands For DOJ Misconduct Probe

By Lauraann Wood

An Illinois federal judge asked the government Friday to turn over six months of communications and certain other records as she investigates in-court inaccuracies Chicago prosecutors offered while prosecuting six anti-immigration protesters, rejecting its request to seal a filing in the process.

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Atty With False AI Citation Filings Ordered To Pay $39K

By Bonnie Eslinger

A New York federal judge who imposed case-terminating sanctions on an attorney who submitted filings with false citations generated by artificial intelligence ordered him on Friday to pay nearly $39,000 to lawyers who uncovered the problematic AI use, noting he had given them the "runaround" when they tried to collect directly.

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Grassley Attacks Dems' Claims Of Rule-Breaking Over Hearing

By Courtney Bublé

Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, clapped back at Democrats for their accusations that Republicans broke Senate rules during a hearing last week at which former special counsel Jack Smith appeared.

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Calif. Jurists' Atty Tips: 'Emulate Lincoln,' 'Don't Be Boring'

By Bonnie Eslinger

Three current and former Northern California federal judges and one Morrison Foerster LLP partner during a Federal Bar Association panel discussion Thursday gave attorneys tips on "courtroom persuasion," including knowing the judges, keeping things interesting and, like the nation's 16th president, getting quickly to the winning point.

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Brief

Legal Services NYC Gets $2.5M To Build Novel Resource Hub

By Tracey Read

Legal Services NYC announced Friday that it has been awarded a $2.5 million grant from the New York State Interest on Lawyer Account Fund to create a first-of-its-kind statewide knowledge-sharing platform to help legal advocates spend more time seeking justice for low-income clients.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

The new federal fraud division is threatening faster action and broader targets under a new enforcement policy announced recently. And the SEC warned shareholder advocacy groups that join forces could face legal scrutiny in the future. These are some of the stories in corporate legal news you may have missed in the past week.​

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Law360's Legal Lions Of The Week

By Kevin Penton

Quinn Emanuel Urquhart & Sullivan LLP, Sullivan & Cromwell LLP and Alston & Bird LLP lead this week's edition of Law360 Legal Lions, after the Sixth Circuit overturned a pivotal decision in multidistrict opioid litigation that had dramatically expanded claims against the nation's largest pharmacy benefit managers.

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Roundup

UK Litigation Roundup: Here's What You Missed In London

By Megan Norcott

The past week in London has seen PrivatBank sue its former oligarch owner, building materials provider Kingspan face a €100 million ($112 million) claim over Grenfell Tower cladding and energy giants VaroPreem and Viaro Energy become embroiled in an intellectual property row.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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