A New York federal judge said Wednesday that she can't block South Dakota officials from pursuing state legal action against an abortion rights group that launched an advertising campaign in South Dakota, saying she doesn't have jurisdiction to halt the proceedings.
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THURSDAY, FEBRUARY 12, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

NY Judge Rejects Bid To Stop SD Action Against Abortion Ads

By Dan McKay

A New York federal judge said Wednesday that she can't block South Dakota officials from pursuing state legal action against an abortion rights group that launched an advertising campaign in South Dakota, saying she doesn't have jurisdiction to halt the proceedings.

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7th Circ. Mulls Expiration Date Of Teva, Eli Lilly Patent Deal

By Celeste Bott

Seventh Circuit judges Wednesday pressed counsel for Teva Pharmaceuticals USA Inc. to address how long a settlement under which Eli Lilly & Co. agreed not to block the approval and marketing of Teva's generic version of its osteoporosis drug Forteo could reasonably remain in effect, given Teva's drug wasn't ready for market until years after the underlying patent dispute.

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AbbVie Sues Medicaid, HHS Over Botox Fair Price Controls

By Hailey Konnath

AbbVie Inc. on Wednesday asked a D.C. federal court to block the Centers for Medicare and Medicaid Services from controlling the price of Botox under the Inflation Reduction Act, arguing the cosmetic drug and migraine treatment should be excluded from the controls because it's a "plasma-derived" product.

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Biogen Beats Pharmacies' MS Drug Monopoly Suit, For Now

By Lauraann Wood

An Illinois federal judge on Wednesday tossed out Walgreens and Kroger's lawsuit accusing Biogen Inc. of illegally stifling competition for its multiple sclerosis drug Tecfidera, but said the standing issues primarily dooming their complaint can likely be cured if they amend their pleading.

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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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POLICY & REGULATION

Trans Health And Pediatric Groups Challenge FTC Subpoenas

By Mark Payne

A major transgender medical group and a pediatric healthcare organization are seeking to end what they call "unlawful" consumer protection investigations from the Federal Trade Commission that want information pertaining to the medical groups' claims made in their marketing and advertising for gender-affirming care for minors. 

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LITIGATION

Luxottica Franchisee Gets Another Shot At Antitrust Claims

By Bryan Koenig

An Ohio federal judge partially reversed course Wednesday after previously permanently tossing a Luxottica franchisee's antitrust claims, concluding that an attempt to amend them wouldn't be futile because it might be possible to show that allegedly suppressed insurance reimbursement rates were an ongoing violation that resets the statute of limitations.

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Shkreli Can't Add Wu-Tang Members To Fight With Crypto Co.

By Elliot Weld

"Pharma Bro" Martin Shkreli can't drag two members of the Wu-Tang Clan hip-hop group into a suit brought by a crypto firm that claims Shkreli improperly retained copies of an album that it bought the rights to, a New York federal judge ruled on Wednesday.

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Pfizer, SEC Reach $29M Deal In Insider Trading Fund Dispute

By Katryna Perera

Pfizer and the U.S. Securities and Exchange Commission have jointly asked a New York federal judge to allow $29 million out of the roughly $75.2 million distribution leftover from a $602 million insider trading deal to be paid out to a Pfizer subsidiary.

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Beasley Allen Wants Talc DQ Paused Pending High Court Appeal

By Jonathan Capriel

Hundreds of women who claim their ovarian cancer was caused by Johnson & Johnson's talcum powder risk appearing in an upcoming trial without their preferred counsel from the Beasley Allen Law Firm, unless a New Jersey state court stays an order disqualifying the firm, it said.

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Brief

Supreme Court Sets April Argument For 'Skinny Label' Case

By Elliot Weld

The U.S. Supreme Court has set an April 29 date for oral arguments in Hikma Pharmaceutical Inc.'s appeal of a decision that revived a patent case over its "skinny label" on a generic heart drug.

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EXPERT ANALYSIS

AI Scientific Discovery Order Implications For Life Sciences

President Donald Trump's November executive order establishing a government effort to use artificial intelligence to accelerate scientific discovery has the potential to leverage significant federal resources and data to support research, drug and device approvals, and AI model training in the life sciences sector, say attorneys at Hogan Lovells.

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Predicting Actual Impact From CDC's New Vaccine Guidance

Recent federal changes to the childhood immunization schedule, reducing the number of vaccine recommendations from 18 to 11, do not automatically create enforceable obligations for parents, schools or healthcare providers, but may spur litigation and other downstream effects on school policies and state guidelines, says Mehdi Sinaki at Michelman & Robinson.

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What Rescheduling Means For Cannabis Labels, Marketing

The proposed reclassification of cannabis is expected to bring heightened scrutiny of labeling, advertising and marketing from the U.S. Food and Drug Administration and the Federal Trade Commission, but the brands that tighten evidence, standardize operations and professionalize marketing controls now will see fewer surprises and better outcomes, say attorneys at Wilson Elser.

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Tips From Del. Decision Nixing Major Earnout Damages Award

The Delaware Supreme Court recently vacated in part the largest earnout-related damages award in Delaware history, making clear that the implied covenant of good faith and fair dealing cannot be used to rescue parties from drafting choices where the relevant regulatory risk was foreseeable at signing, say attorneys at Sullivan & Cromwell.

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LEGAL INDUSTRY

Legal Services Hiring Started New Year Off With A Bang

By Tracey Read

The legal sector is off to a good start in 2026, with 5,500 more people employed in lawyer, paralegal and other law-related professional roles last month than in December, according to seasonally adjusted data released Wednesday by the U.S. Bureau of Labor Statistics.

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Feature

'Unflappable' Mass. Judge Emerges As Trump Foil

By Chris Villani

The newest member of the Massachusetts federal bench has made a name for himself as a thorn in the side of the Trump administration, a perception that stands in stark contrast to what friends and former colleagues describe as an unassuming and open-minded judge.

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'It Takes Time To Write': Jackson On High Court's Tariff Ruling

By Katie Buehler

U.S. Supreme Court Justice Ketanji Brown Jackson has provided an unusual update on the court's decision over President Donald Trump's authority to impose emergency tariffs, saying in a TV interview that the justices are still working on what is one of their most anticipated rulings this term. 

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Analysis

Not 'Your Dad's DOJ': Recapping Year One Under Bondi

By Phillip Bantz and Carolina Bolado

Even before her contentious congressional testimony on Wednesday, few U.S. attorneys general had been embroiled in so many controversies so early into their tenures as Pam Bondi, who critics and supporters alike say embodies a new era at the Justice Department.

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Bondi Touches On Judges, Fraud, Subpoenas At Fiery Hearing

By Courtney Bublé

Attorney General Pam Bondi opened her congressional testimony on Wednesday taking aim at "liberal activist judges," but the rest of the hearing was devoid of any discussion or questions on the Trump administration's combative relationship with a large portion of the federal bench.

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Goldstein Says He Lost Millions On Poker In 2016

By Jared Foretek

SCOTUSblog founder Thomas Goldstein told the Maryland federal jury in his tax fraud trial Wednesday that he lost nearly $3 million playing poker in 2016, directly contradicting charges that he underreported his gambling winnings, and pinned the blame for tax filing errors on his own miscalculations and shoddy work from his accountants.

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SC High Court Probes Clerk's Misconduct In Murdaugh Appeal

By Parker Quinlan

The South Carolina Supreme Court on Wednesday closely inspected Alex Murdaugh's appeal claiming the jury in his high-profile double-murder trial was biased because of comments made by a clerk of court, voicing questions and statements favorable to the disgraced lawyer's arguments.

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Md. Federal Judge Owns Up To Creating 'Abusive' Workplace

By Jack Karp

A Maryland federal judge has acknowledged creating an "abusive workplace" where clerks were chastised for minor errors, discouraged from asking questions and harshly criticized, according to a Fourth Circuit disciplinary order.

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Remote LSAT Testing To Largely End Amid Cheating Concerns

By Emily Johnson

Law school hopefuls will mostly need to sit for the Law School Admission Test — better known as the LSAT — in person starting in August rather than test remotely, a change designed to strengthen security after the exam provider ended remote testing in China over cheating concerns.

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Ford Slams Lemon Law Attys' Bid To Escape Billing Fraud Suit

By Lauren Berg

Ford Motor Co. urged a California federal judge to keep alive its lawsuit accusing three Knight Law Group LLP-affiliated attorneys of orchestrating a massive fraudulent legal billing scheme, scoffing at the attorneys' argument that they are immunized from liability related to lemon law litigation they have pursued.

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Calif. Atty Wins $25K Fee Sanction Over AI Errors

By Emily Sawicki

A California federal court has ordered $25,000 in fee sanctions for a litigator representing a mobile app platform in a copyright and contract suit as reimbursement for work he said went into responding to an error-ridden motion and further resulting motion practice.

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Miami World Cup Counsel Share Look At Prep Work, Impact

By Nathan Hale

Counsel representing the FIFA World Cup's Miami Host Committee gave Law360 an inside look at their multifaceted work preparing for the upcoming event, which organizers say could have the economic impact of multiple Super Bowls.

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Trio Leading NJ District Office Face New Disqualification Bid

By Elizabeth Daley

A criminal defendant who successfully challenged the appointment of Donald Trump's former personal attorney Alina Habba as New Jersey's top federal prosecutor joined other defendants in seeking to disqualify the trio now helming the office.

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Morgan & Morgan, Former Aide Settle Disability, Age Bias Suit

By Lynn LaRowe

Personal injury law firm Morgan & Morgan PA and a former firm legal assistant have settled a Florida federal lawsuit that alleged age and disability discrimination, according to a filing in the court.

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NYC Bar Pushes Gov. To Free Legal Aid Funds In Budget

By Andrea Keckley

The New York City Bar Association urged Gov. Kathy Hochul in a statement Wednesday to ensure the 2027 executive budget gives the New York State Interest on Lawyer Account Fund access to its revenue for civil legal services, noting the current proposed budget did not grant full spending authority.

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Promo that reads 2025 Practice Groups of the Year

COMPANIES IN TODAY'S NEWS

AbbVie Inc.

Affordable Care LLC

American Academy of Pediatrics

Auris Health Inc.

Biogen Inc.

Cardinal Health Inc.

Cencora Inc.

De Novo

Elan Corporation, plc

Eli Lilly & Co.

Empire Justice Center

Federal Bar Association

Federation Internationale de Football Association

Ford Motor Co.

Fortis Advisors LLC

Hikma Pharmaceuticals PLC

Instagram Inc.

Johnson & Johnson

Law School Admission Council Inc.

Learning Resources Inc.

Luxottica Group S.p.A.

Major League Baseball Inc.

Major Lindsey & Africa LLC

New York City Bar Association

Pearle Vision Inc.

Pfizer Inc.

Pharmacyclics, Inc.

Point72 LP

Royal Caribbean Cruises Ltd.

S.A.C. Capital Advisors LP

State Bar of California

Teva Pharmaceutical Industries Ltd.

The Kroger Co.

TikTok Inc.

Vineyard Wind LLC

Vision Service Plan

LAW FIRMS IN TODAY'S NEWS

Beasley Allen

Bilzin Sumberg

Computerlaw Group

Covington & Burling

Davis Wright Tremaine

Dykema

FBT Gibbons

Faegre Drinker

Foley & Lardner

FordHarrison

Friedman Kaplan

Goodwin Procter

Griffin Humphries

Hogan Lovells

Johnston Clem

Jones Day

Kasowitz LLP

Knight Law Group

Krovatin Nau

Latham & Watkins

Lauro & Singer

Leach & Walker

Lowell & Associates

Michelman & Robinson

Milbank LLP

Morgan & Morgan PA

Munger Tolles

Nixon Peabody

O'Melveny & Myers

Paul Weiss

Perkins Coie

Pillsbury Winthrop

Reed Smith

Richard A. Harpootlian PA

Robbins LLP

Rudolf Smith

SedlikGroup

Sills Cummis

Skadden Arps

Sperling Kenny

Sullivan & Cromwell

Taft Stettinius

Todd & Weld

Williams & Connolly

Wilson Elser

Winston & Strawn

Wirtz Law APC

Zagrans Law Firm

GOVERNMENT AGENCIES IN TODAY'S NEWS

Bureau of Labor Statistics

Bureau of Ocean Energy Management

California Department of Public Health

Centers for Disease Control and Prevention

Centers for Medicare & Medicaid Services

Committee for Public Counsel Services

Delaware Court of Chancery

Executive Office of the President

Federal Bureau of Investigation

Federal Trade Commission

Food and Drug Administration

Internal Revenue Service

New Jersey Department of Health

New Jersey Supreme Court

New York Attorney General's Office

New York State Assembly

South Carolina Attorney General's Office

South Dakota Attorney General's Office

U.S. Attorney's Office

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

U.S. Attorney's Office for the District of New Jersey

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the Seventh Circuit

U.S. Department of Defense

U.S. Department of Energy

U.S. Department of Health and Human Services

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of the Interior

U.S. Department of the Treasury

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Maryland

U.S. District Court for the District of New Jersey

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

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

U.S. District Court for the Middle District of Florida

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

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

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

U.S. Immigration and Customs Enforcement

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the Southern District of Ohio