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September 24, 2025
Medical Marijuana Operators Claim Okla. Undermines Industry
A group of Oklahoma medical marijuana interests allege in a new federal lawsuit that state officials are unlawfully hindering their operations as part of a broad crackdown on the industry.
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September 24, 2025
4th Circ. Kicks Trans Care Exclusion Suits Back To Trial Court
A pair of suits challenging health plan coverage exclusions on gender-affirming care for minors are headed to district court after the Fourth Circuit vacated decisions finding those policies discriminatory, in line with a U.S. Supreme Court directive to revisit the cases in light of new precedent.
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September 24, 2025
DOJ Likely Crossed Line With Mangione Remarks, Judge Says
Top officials at the U.S. Department of Justice are in hot water for linking alleged insurance CEO killer Luigi Mangione to left-wing terrorism and potentially violating his right to a fair trial, a New York federal judge said Wednesday as she threatened sanctions for future violations.
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September 24, 2025
Helicopter Cos. Say Aetna 'Grasping At Straws' In $20M Fight
Three Aetna entities have "trumped up" their counterclaims against six air ambulance operators that are suing insurers for $20 million in Connecticut federal court, according to a dismissal motion that says the allegations of dirty dealing are preempted.
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September 24, 2025
Let States Use Leftover BEAD Funds, Sen. Wicker Says
States should be able to use money left over from federal grants aimed at broadband deployment for other projects to boost high-tech growth, a Republican senator said.
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September 24, 2025
HHS Allocates $1.5B To States, Tribes To Combat Opioid Crisis
The U.S. Department of Health and Human Services has allocated more than $1.5 billion to states and tribal communities that the agency says will provide critical resources in addressing the country's opioid overdose crisis.
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September 24, 2025
States Say Ed Dept. Must Face Suit Over Mental Health Cuts
A group of 16 states led by Washington has asked a federal judge not to let the U.S. Department of Education escape the states' claims that the agency violated federal law by discontinuing mental health grants given to public schools to help students cope with school shootings.
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September 24, 2025
Mich. Hospital Must Bargain With SEIU Amid 6th Circ. Appeal
A Michigan hospital must keep bargaining with a Service Employees International Union affiliate while it appeals an injunction that forced it to resume working with the union, a Sixth Circuit panel said, finding the hospital is unlikely to show it acted lawfully when it withdrew recognition in 2023.
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September 23, 2025
UC Researchers Win Expanded Injunction Against Grant Cuts
A California federal judge Monday issued another preliminary injunction ordering the Trump administration to reinstate grants awarded to University of California researchers, this time resurrecting grants awarded by the U.S. Department of Defense, the U.S. Department of Transportation and the National Institutes of Health.
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September 23, 2025
Eli Lilly Deal In Weight Loss Drugs Trademark Suit Hits Snag
Pharmaceutical giant Eli Lilly and two Seattle-area medical clinics tried to leave a federal court "entirely in the dark" on the finer points of their newly proposed trademark suit settlement, a Seattle federal judge held in declining to approve the deal and enter a consent judgment in the case.
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September 23, 2025
Google, Meta Beat BlueChew Users' Privacy Suit, For Now
A California federal judge Tuesday dismissed a proposed class action alleging Google and Meta illegally gathered information from website users buying erectile dysfunction medication on BlueChew's website, since BlueChew's revised policy makes clear their personal data consisting of health information would be shared with third parties for advertising purposes.
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September 23, 2025
This Week In Healthcare Cybersecurity
Expiring Obama-era cybersecurity legislation, U.K. charges for 'Scattered Spider' breach, and the challenges of 23andMe's bankruptcy. Law360 looks at the week in cybersecurity developments affecting the healthcare industry.
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September 23, 2025
Axsome Settles Investors' Drug Approval Suit For $7.8M
Biopharmaceutical company Axsome Therapeutics Inc. and its shareholders have asked a New York federal court to approve a $7.75 million settlement to resolve investors' claims that Axsome hid issues related to gaining regulatory approval for its migraine drug.
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September 23, 2025
DHS Floats H-1B Rule To Prioritize Higher-Paid Workers
The Trump administration proposed a rule on Tuesday to change the H-1B lottery process to one that gives priority to higher-skilled workers at companies offering better pay, according to a Federal Register notice.
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September 23, 2025
9th Circ. Won't Revive Religious Bias Suit Over COVID Tests
A split Ninth Circuit panel backed the dismissal of a religious bias suit Tuesday from a Christian hospital worker who said she was fired for objecting to COVID-19 nasal testing, ruling she hadn't made a connection between her opposition to testing and her faith.
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September 23, 2025
Tylenol MDL In Spotlight After Trump Blasts Use In Pregnancy
The Trump administration's attack on the use of acetaminophen during pregnancy drew on the work of a Harvard expert whose analysis is central to a legal clash now before a federal appeals court. The president's broadside promises to energize plaintiffs.
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September 23, 2025
How Attys Are Riding The Mass. Biotech 'Roller Coaster'
The first half of 2025 saw the Massachusetts biotech industry post bleak numbers, including a dip in venture capital funding and merger activity, leaving attorneys looking for creative ways to help companies with fewer public and private dollars.
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September 23, 2025
Mich. Doctor Gets 6 Years For Role In Opioid Pill Mill
A Detroit area doctor was sentenced Tuesday to six years in prison for prescribing unnecessary opioids out of a pill mill that eventually were sold on the streets, with a Michigan federal judge saying some detainment was warranted for the dangers the operation posed to the community.
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September 23, 2025
NC Sens. Vote To Cut Planned Parenthood's Medicaid Funds
Republican state senators in North Carolina have greenlit a bill that would revoke Medicaid funding for Planned Parenthood, aligning the Tar Heel state with the president's "One Big Beautiful Bill," which prohibits Medicaid funding for nonprofit groups that provide abortion services.
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September 23, 2025
DC Circ. Scraps OK Of $8.7M Equatorial Guinea Hospital Award
The D.C. Circuit Tuesday overturned enforcement of an $8.7 million arbitral award issued against Equatorial Guinea in a dispute over an ill-fated hospital operating contract, ruling that a lower court wrongly deferred to the arbitrators' interpretation of an ambiguous arbitration clause.
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September 23, 2025
Ch. 11 Shields Co. From Suit Over Inmate Stroke, Judge Says
A federal judge in North Carolina has dismissed prison healthcare provider Wellpath from a lawsuit brought by the family of a man who died of a stroke inside a Charlotte jail, finding that the company's bankruptcy shields it from liability but allowing claims against a county sheriff and others to continue.
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September 23, 2025
Dentists Denied Class Certification In $13B Delta Dental Suit
An Illinois federal court refused to certify a class of dentists in multidistrict litigation targeting an alleged $13 billion antitrust scheme by Delta Dental and its members, finding that dental insurance markets are local, not national in scope.
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September 23, 2025
Social Media Giants Must Face Expert Testimony On Harm
A California state judge ruled Monday that jurors set to consider claims against major social media technology companies for allegedly causing harm to young users' mental health will be allowed to hear expert testimony about potential injuries inflicted by the design and operation of the platforms.
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September 23, 2025
EX-CTA Worker's $425K Vaccine Bias Award Capped At $300K
An Illinois federal judge lowered a former Chicago Transit Authority employee's $425,000 jury award to $300,000 Tuesday for the ex-worker's claim that he was wrongly fired for refusing the COVID-19 vaccine, entering a judgment the judge said he'll later amend with awards that include back and front pay.
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September 23, 2025
Two Longtime HHS Attys Depart Posts For Crowell & Moring
Two prominent U.S. Department of Health and Human Services attorneys have left their posts for Crowell & Moring LLP after more than two decades in the federal government.
Expert Analysis
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With Obligor Ruling, Ohio Justices Calm Lending Waters
A recent decision by the Ohio Supreme Court, affirming a fundamental principle that lenders have no duty to disclose material risks to obligors, provides clarity for commercial lending practices in Ohio and beyond, and offers a reminder of the risks presented by guarantee arrangements, says Carrie Brosius at Vorys.
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How 2nd Circ. Cannabis Ruling Upends NY Licensing
A recent Second Circuit decision in Variscite NY Four v. New York, holding that New York's extra-priority cannabis licensing preference for applicants with in-state marijuana convictions violates the dormant commerce clause, underscores that state-legal cannabis markets remain subject to the same constitutional constraints as other economic markets, say attorneys at Harris Beach.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Federal AI Action Plan Marks A Shift For Health And Bio Fields
The Trump administration's recent artificial intelligence action plan significantly expands federal commitments across biomedical agencies, defining a pivotal moment for attorneys and others involved in research collaborations, managing regulatory compliance and AI-related intellectual property, says Mehrin Masud-Elias at Arnold & Porter.
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Preparing For DEA Rescheduling Of 2 Research Chemicals
A recent decision to allow the U.S. Drug Enforcement Administration to reclassify two research psychedelics in Schedule I under the Controlled Substances Act may pose significant barriers to scientific study, including stringent registration requirements, heightened security protocols and burdensome reporting obligations, say Kimberly Chew at Husch Blackwell and Jackie von Salm at Psilera.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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High Court E-Cig Ruling Opens Door For FDA Challenges
There will likely be more challenges to marketing denial orders brought before the Fifth Circuit following the Supreme Court's recent ruling in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., where litigants have generally had greater success, say attorneys at Troutman Pepper.
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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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7 Ways To Fetch Patents In The World Of Working Animals
Though developers rarely file patents related to working animals, and animal training techniques are generally considered unpatentable, certain aspects of training and developing animals may be ripe for patent protection, say Matthew Avery at Baker Botts, Makenzi Galvan at Perkins Coie and Lute Yang at Orrick.
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9th Circ.'s Kickback Ruling Strengthens A Prosecutorial Tool
The Ninth Circuit's decision last month in U.S. v. Schena, interpreting the Eliminating Kickbacks in Recovery Act to prohibit kickback conduct between the principal and individuals who do not directly interact with patients, serves as a wake-up call to the booming clinical laboratory testing industry, say attorneys at Kendall Brill.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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4th Circ. Clarifies Employer Duties For ADA Accommodations
The Fourth Circuit's recent decision in Tarquinio v. Johns Hopkins indicates that an employer's obligation to provide accommodations under the Americans with Disabilities Act may never arise if an employee obstructs the process, underscoring that ADA protections depend on cooperation between both parties, say attorneys at Hunton.