J&J Unit Can't Shake $442M Loss In Catheter Antitrust Suit

By Bryan Koenig

A California federal judge has refused to upend the $442 million trial loss of Johnson & Johnson's Biosense Webster health tech unit to Innovative Health, finding the jury was presented with sufficient evidence to fault Biosense for conditioning product support for its cardiac mapping systems on the purchase of cardiac catheters.

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Religion Didn't Drive Ex-CTA Worker's Vax Refusal, Jury Hears

By Celeste Bott

A former Chicago Transit Authority electrician hasn't met his burden of proving religious discrimination was behind his termination when he refused to be vaccinated against COVID-19, and his refusal was based on personal preference and health and safety concerns about the jab, an Illinois federal jury heard Thursday.

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DOJ Seeks Kroger Patient Data In Opioid FCA Probe

By Gianna Ferrarin

The U.S. Department of Justice urged an Ohio federal court to order The Kroger Co. to turn over patient names and other health information the supermarket chain has redacted in responses to the government throughout a False Claims Act investigation into its opioid dispensing practices.

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Local Gov'ts Seek Win In Suit Over HHS-Canceled Grants

By Tom Lotshaw

Four local governments and a union asked a D.C. federal judge on Wednesday to declare that the U.S. Department of Health and Human Services acted unlawfully when it canceled $11 billion in grants awarded to improve public health systems around the country.

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AstraZeneca Challenges Colo. Law Over Drug Pricing Rules

By Zach Dupont

Pharmaceutical giant AstraZeneca told a Colorado federal judge Wednesday that a recently passed state law aiming to extend a federal drug discount program to certain pharmacies is preempted by the same law that created the program.

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Kimberly-Clark To Pay $40M Over Adulterated Surgical Gowns

By Katryna Perera

Kimberly-Clark agreed to pay up to $40 million to resolve federal prosecutors' criminal charge that the multinational consumer goods and personal care company sold adulterated surgical gowns and conducted fraudulent testing on the gowns to avoid having to submit a new premarket notification to the FDA.

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Mylan Must Face Generic Drug Price-Fixing Claims In MDL

By Jared Foretek

A Pennsylvania federal judge shot down most of Mylan's request for an early win in multidistrict litigation claiming price-fixing of the generic antidepressant clomipramine, finding sufficient evidence for the company to have to face direct buyers' claims at trial, but trimming claims that it inflated the drug's price at CVS.

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FTC Unpauses Administrative Case Over Insulin Prices

By Matthew Perlman

The Federal Trade Commission has restarted its in-house case accusing Caremark Rx, Express Scripts and OptumRx of artificially inflating insulin prices, now that two commissioners are able to consider the claims.

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2nd Circ. Affirms Hedge Fund Win In $87M Short-Swing Suit

By Katryna Perera

A unanimous Second Circuit panel on Thursday upheld a summary judgment win for hedge fund Armistice Capital LLC and its managing member in a derivative suit brought by a shareholder of biotechnology company Vaxart Inc., which sought disgorgement of $87 million in short-swing profits that allegedly were wrongfully obtained by the investment adviser.

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1st Circ. OKs Terminating Ex-Pharma VP's Disability Benefits

By Chris Villani

The First Circuit said Synta Pharmaceuticals' benefits administrator may terminate the benefits of a former executive after deeming that his significant weight loss, six-day-a-week pickleball hobby, and travels to far-flung places like Africa showed he was no longer disabled.

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3rd Circ. Agrees Natera Doesn't Owe $45M In False Ad Fight

By Rae Ann Varona

The Third Circuit Thursday affirmed a lower court's decision to take genetic testing company Natera off the hook from paying $45 million in damages to rival CareDx, saying in an unpublished opinion that CareDx failed to prove Natera actually deceived consumers through false statements about a Natera test's superiority.

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CBP, ITC Say Masimo Suit Over Apple Watch Ruling Misplaced

By Theresa Schliep

The U.S. International Trade Commission and U.S. Customs and Border Protection balked at Masimo's request that a D.C. federal court temporarily block a ruling allowing imports of redesigned Apple Watches despite the companies' patent dispute, saying it's seeking relief in the wrong places.

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Fed. Circ. Won't Upend Toss Of Flu Vaccine Injury Claim

By Mike Curley

The Federal Circuit won't revive a man's vaccine injury claim after it was rejected by a special master at the U.S. Court of Federal Claims, finding the decision that his injuries were caused by a separate infection was not arbitrary or capricious.

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Telehealth Co. Faces Investor Suit Over Revenue Reversal

By Emilie Ruscoe

Telemedicine company LifeMD Inc. and two of its executives face a proposed investor class action alleging they "recklessly" raised revenue expectations for the 2025 fiscal year in May, only to lower their forecast three months later after seeing increased costs affecting the company's men's health and weight management offerings.

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Brief

Del. Judge Rejects J&J Unit's $12M Interference Claim

By Dani Kass

Johnson & Johnson unit DePuy Synthes Sales Inc. could not persuade a Delaware federal judge that it invented the technology behind an RSB Spine LLC spinal fusion surgery patent a jury says it owes $12 million for infringing.

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Brief

SC Ends Sandoz, Novartis Price-Fixing Claims For $2.4M

By Aaron Keller

A Connecticut federal judge on Thursday approved South Carolina's request to dismiss its generic drug price-fixing claims from three multistate lawsuits against Sandoz Inc., Sandoz AG, Novartis AG and Fougera Pharmaceuticals Inc., four months after the parties filed a notice of settlement.

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Brief

Sycamore Closes $24B Walgreens Deal, Replaces CEO

By Al Barbarino

New York-based private equity firm Sycamore Partners has completed its $24 billion acquisition of Walgreens Boots Alliance Inc., and the pharmacy chain named a new CEO, the companies announced Thursday.

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Bradley Arant Taps Parker Hudson Healthcare Atty In Atlanta

By Madison Arnold

Bradley Arant Boult Cummings LLP announced Thursday that it continued its Atlanta growth with the addition of a new healthcare practice group partner from Parker Hudson Rainer & Dobbs LLP.

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Fed. Circ. In July: Instability In IPR Requirements

The Federal Circuit's decision in Shockwave v. Cardiovascular last month provided an important, albeit short-lived, clarification to the type of evidence that can be used in an inter partes review challenge, say attorneys at Knobbe Martens.

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Structuring Noncompetes In License And Collaboration Deals

As companies grappling with coming patent cliffs look to mergers and acquisitions to compensate, contracting parties assessing biopharma license and collaboration agreements should prepare to agree on noncompetes that ensure the parties' respective objectives are met and that their incentives are aligned, both under their collaboration and beyond, says Jeff Jay at Freshfields.

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Series

Coaching Cheerleading Makes Me A Better Lawyer

At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

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Law360 Pulse Exclusive: The Billable Hour

In this package, Law360 Pulse explores the demand for rainmakers, the continued increase of hourly rates and whether artificial intelligence will finally kill the billable hour. For all Law360 readers, click to access a sample story: Why This Small-Firm Lawyer Charges $3,000 Per Hour.

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JAG Corps Sent To DC To Fill 'Critical Vacancies'

By Courtney Bublé

Military attorneys are being sent to prosecute crimes in Washington, D.C., as the Trump administration seeks to beef up prosecutions in the nation's capital as part of the federal surge of law enforcement.

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Judge Newman's Suspension Extended Once Again

By Ryan Davis and Theresa Schliep

Federal Circuit Judge Pauline Newman's suspension from hearing cases was extended by another year on Friday, in a unanimous opinion by the appeals court's 11 other judges.

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Q&A

'Be Careful,' New Mich. Chief Judge Tells Attys When Using AI

By Danielle Ferguson

Just weeks into the job, the new chief judge of the U.S. District Court for the Eastern District of Michigan is navigating challenges like an uptick in cases and the need for another magistrate judge, and has a word of warning for attorneys using artificial intelligence in their practice.

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Analysis

M&A Attys Hand Tasks To 'Machines' In Careful Embrace Of AI

By Al Barbarino

Artificial intelligence is no longer just a back-office tool in mergers and acquisitions legal work, but is increasingly embedded in core deal processes that help attorneys manage due diligence, draft agreements and assess risk.

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DOJ Targets BigLaw, Big Tech For Antitrust 'Gamesmanship'

By Bryan Koenig

The U.S. Department of Justice's top antitrust official singled out technology platforms and the BigLaw attorneys who represent them for "gamesmanship" by hiding key information from merger and conduct investigators, and announced a special task force "to tackle abuses that arise in our investigations."

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Law360's Legal Lions Of The Week

By Kevin Penton

Sullivan & Cromwell LLP leads this week's edition of Law360 Legal Lions, after the Fifth Circuit vacated a pair of Biden-era regulations aimed at bolstering transparency in the short-selling market.

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Panel Nixes Buzbee Win Against Atty Who Aided Campaign

By Madison Arnold

A Texas state appeals court has reversed a $765,000 summary judgment awarded to personal injury lawyer Tony Buzbee in a dispute with an attorney who said she was never paid for her contributions to his 2019 Houston mayoral campaign.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

Is AI killing the billable hour — here's what general counsel need to know about how the use of artificial intelligence is affecting law firms' billing model. Anthropic has agreed to a deal to end copyright suits brought by authors who said their works were illegally used to train the company's large language model. These are some of the stories in corporate legal news you may have missed in the past week.​

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DOJ Swears In 3 New Board Of Immigration Appeals Members

By Britain Eakin

The Executive Office for Immigration Review announced Friday that three new Board of Immigration Appeals members — Sheila E. Gallow, Marcos Gemoets and Kathleen K. Volkert — were sworn in during a ceremony on Thursday.

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Colorado Law Firm Faces Class Action Over Data Breach

By Zach Dupont

A Colorado law firm was hit with a proposed class action in federal court after a Utah woman claimed that the firm didn't take ample measures to protect the personal information of more than 5,000 people, which was stolen in a data breach earlier this year.

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Scores On July Bar Exam Rise Amid Dip In Test Takers

By Tracey Read

The number of examinees passing the multistate bar exam in July continued to gain momentum, with near record highs seen this summer over the past 12 years, according to an announcement from the National Conference of Bar Examiners.

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LA's Acting US Atty Essayli Faces DQ Bid Over Expired Term

By Craig Clough

The Federal Public Defender's Office in Los Angeles urged a California federal court Friday to disqualify acting U.S. Attorney Bill Essayli, arguing that his temporary 120-day appointment has expired and his continuing service in the role "circumvented limitations" imposed by Congress.

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Exclusive

'I'm Flabbergasted': Fla. Atty's Accusers Rip Bar For Inaction

By Phillip Bantz

More than a year after it began receiving complaints that a Florida lawyer was ghosting clients, the state bar has yet to take action — highlighting what experts call a slow-moving process that can fail to keep pace with expansive alleged frauds.

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Split Fed. Circ. Backs Limits On Presidential Tariff Powers

By Hailey Konnath

The Federal Circuit held that President Donald Trump's emergency tariffs were improperly imposed under the International Emergency Economic Powers Act, which it said makes no mention of "tariff," "duties" or "tax."

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Law360 Names Attys Who Moved Up The Firm Ranks In Q2

A promotion to partner or election to practice group chair means a slew of new responsibilities and also lots of well-deserved recognition. Law360 reveals the list of attorneys whose commitment to legal excellence earned them highly coveted spots in the law firm leadership ranks. Find out if your old legal friends — or rivals — moved up in the second quarter of the year.

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Hub Hires: Prince Lobel, Rubin And Rudman, Weil

By Chris Villani

The dog days of summer did little to slow the churn in the Boston legal market. Prince Lobel added a veteran cybersecurity lawyer, Rubin and Rudman made a pair of partner hires, and Weil added more attorneys from Latham.

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Roundup

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

By Laura Stewart Liberty

This past week in London has seen Prosecco DOC Consortium bring an intellectual property claim against a distributor, the Serious Fraud Office bring a civil recovery claim against the ex-wife of a solicitor jailed over a £19.5 million fraud scheme, and law firm Joseph Hage Aaronson & Bremen LLP sue its former client, the bankrupt Indian tycoon Vijay Mallya. Here, Law360 looks at these and other new claims in the U.K.

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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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