11th Circ. Rules Qui Tam Provisions Don't Violate Constitution

By Madeline Lyskawa

The Eleventh Circuit on Tuesday held that the False Claims Act's qui tam provisions do not violate the appointments clause of the U.S. Constitution, maintaining private citizens' ability to sue entities on behalf of the United States for allegedly defrauding the federal government.

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DC Circ. Backs Fair Use Repairs On Med Device Software

By Elliot Weld

The D.C. Circuit on Tuesday ruled that using copyrighted data and computer programs for the purpose of repairing medical devices falls under the fair use exemption, rejecting a challenge from two industry groups that wanted to compel the Library of Congress to revise its rules on the issue.

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Mylan Cites 'Immutable Conflict' In 11th Hour Bid To Stay Trial

By Craig Clough

Just about a week before the first trial in the sprawling generic drug price-fixing multidistrict litigation, Mylan urged a Pennsylvania federal judge to postpone the trial and stay all proceedings for at least 45 days, claiming that the special master in the case has an "immutable conflict" that impacts not just the pending trial but the entire MDL.

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Feature

3 Things To Know: Texas Judge Halts Abortion Drug Suit

By Mark Payne

A Texas federal judge has paused a lawsuit challenging the U.S. Food and Drug Administration's approval of abortion medication mifepristone until after the agency has conducted a safety review of the drug. Law360 Healthcare Authority has what you need to know about that order and the legal landscape.

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Treatment Centers Cited Over Unpaid Work By Patients

By Julie Manganis

Massachusetts' attorney general on Tuesday announced a first-of-its-kind citation of over $1 million against a faith-based substance use treatment program for allegedly having hundreds of participants perform unpaid work, including landscaping and moving, for businesses.

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Former In-House Atty May Take Whistleblower Claim To Trial

By Emily Sawicki

An Illinois state appellate panel has revived a whistleblower claim a medical device company's former in-house counsel lodged alleging he was fired for refusing to "hide or park" money in the intellectual property division's budget, while upholding the company's early win on other claims.

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HSF Kramer Added To $1B King & Spalding Malpractice Suit

By Jack Karp

Herbert Smith Freehills Kramer LLP and several of its partners on Tuesday were added to a $1 billion legal malpractice suit against King & Spalding LLP alleging that the firms engaged in multiple schemes to enrich a lawyer's friend at the expense of investment firm White Oak Advisors.

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NLRB Urges Full DC Circ. To Respect Its Policy Views

By Braden Campbell

The National Labor Relations Board urged the full D.C. Circuit on Tuesday to rethink a recent panel decision limiting the court's regard for the agency's legal positions in a vigorous defense of the board's policymaking power after the U.S. Supreme Court scrapped a sweeping deference doctrine.

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4 Mass. Rulings You May Have Missed In August

By Julie Manganis

Three fertility doctors defeated claims they violated a nonsolicitation agreement, while a consulting company failed in its effort to amend a four-year-old contract suit that has already been extensively litigated, among other notable Massachusetts state court rulings in August.

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HHS Seeks 9th Circ. Review Of Tribal Opioid Clinic Order

By Joyce Hanson

The U.S. Department of Health and Human Services has appealed to the Ninth Circuit for a review of a lower court order requiring the HHS' Indian Health Service to fund a Pechanga Band of Indians' opioid treatment facility.

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NY Firm, Clinics Reject FedEx's 'Staged' Crashes Claims

By Linda Chiem

A New York personal injury firm and various healthcare providers have told a Manhattan federal judge that FedEx has asserted implausible claims alleging they orchestrated an insurance fraud scheme to fabricate medical records and inflate accident claims, saying there is no such racketeering enterprise.

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Cozen Affiliate Adds 4 From Closed McDermott Shop

By Alison Knezevich

More former staff members of McDermott Will & Schulte's shuttered healthcare lobbying and consulting shop in Washington, D.C., have landed new roles, with Cozen O'Connor Public Strategies announcing Tuesday it hired a four-person team from there.

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DOJ Fraud Declination Highlights Self-Disclosure Tradeoffs

As exemplified by the U.S. Department of Justice's declination of charges against Campus Eye Management under its new corporate enforcement policy, self-disclosure can be an attractive option for healthcare companies navigating criminal exposure, but should be weighed against potential costs, say attorneys at Morgan Lewis.

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Thomson Reuters Cyberattack Hits North American Courts

By Bonnie Eslinger

A recent cyberattack on Thomson Reuters' court management software affected files associated with court systems in 11 states, the U.S. Virgin Islands and Canada, and may have exposed sealed documents and individuals' personal information, according to a Wednesday announcement from the technology and information services company.

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Calif. Bill Regulating Atty AI Use Heads To Newsom's Desk

By Emily Sawicki

A bill regulating attorneys' and arbitrators' use of generative artificial intelligence has unanimously passed the California State Legislature and is headed to Gov. Gavin Newsom's desk.

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'Astonished' Homebuyer Says Atty Email Lapse Caused Hack

By Pete Brush

A New York City law firm has been ordered to provide internet security and login information to a homebuyer who claims she was left in "shock" when an impostor with access to her lawyer's email tricked her into wiring away over $730,000.

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House Rejects Amendment To Fix Court At 9 Justices

By Courtney Bublé

The House failed to pass a proposed constitutional amendment on Wednesday that would keep the number of U.S. Supreme Court justices at nine.

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Dems Call Subpoenas' Secrecy Request 'Abuse Of Authority'

By Aneeta Mathur-Ashton

Democratic lawmakers Sen. Ron Wyden, Ore., and Rep. Pramila Jayapal, Wash., have called for an investigation into subpoenas issued from federal law enforcement to private companies that contain nondisclosure provisions and carry threats of legal consequences for noncompliance.

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Tyson's Price-Fixing Deal Merits $27.5M Atty Fees, Buyers Say

By Dorothy Atkins

Beef direct purchasers asked a Minnesota federal judge Tuesday to award class counsel $27.5 million in fees, or one-third of Tyson's $82.5 million price-fixing settlement, arguing that the deal was reached after six years of hard-fought antitrust litigation and adds to another settlement, bringing the total recovery to $135 million.

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JPMorgan Seeks Stay Of $20M Javice, Amar Fee Order

By Jarek Rutz

JPMorgan Chase & Co. urged the Delaware Chancery Court on Wednesday to pause enforcement of an order requiring it to advance more than $20 million in disputed legal fees to convicted Frank founder Charlie Javice and former executive Olivier Amar, arguing the bank could permanently lose the money before it gets a chance to challenge the ruling.

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ABA Outlines Attys' Duties To Clients With Intellectual Limits

By Jack Karp

Attorneys have the same obligations to clients with decision-making limitations, should abide by those clients' decisions regarding their representation and must work to maintain an ordinary client-lawyer relationship as much as possible, the American Bar Association said in an opinion released Wednesday.

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