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Health

  • September 24, 2025

    CVS Moves To End Worker's Tobacco Surcharge ERISA Suit

    CVS urged a California federal judge to toss an employee's proposed class action alleging it illegally imposes surcharges to health plan participants and their covered spouses who use tobacco, arguing it offers surcharge alternatives to workers and spouses when a medical condition makes it unreasonably difficult to cease tobacco use.

  • September 24, 2025

    Court Sides With Texas, Nixes Medicaid Tax Funding Rule

    The federal government improperly expanded a Medicaid funding restriction to private parties that was meant only to govern the use of state taxes to fund the health insurance program, a Texas federal court ruled Wednesday in vacating guidance from the Centers for Medicare & Medicaid Services.

  • September 24, 2025

    Omnicare Can Tap $25M Initial DIP, Stage Set For Gov't Feud

    Omnicare LLC, a CVS Health subsidiary that provides pharmacy services for long-term care facilities, won a Texas bankruptcy court approval on Wednesday to use $25 million of interim debtor-in-possession financing amid a looming dispute over a $949 million judgment owed to the U.S. government over allegedly illegal billing.

  • September 24, 2025

    Minn. Justices Reject Humana's Pharmacy Sourcing Appeal

    The Minnesota Supreme Court rejected arguments by a Humana subsidiary that its sales of pharmacy benefit services attributed to Minnesota should instead be sourced to a Humana unit in Wisconsin, denying the company a $834,000 refund Wednesday.

  • September 24, 2025

    Committee Says $100M DIP Loan Doesn't Benefit Modivcare

    The official committee of unsecured creditors in the Chapter 11 case of medical transport company Modivcare objected to final approval of the debtor's $100 million bankruptcy loan late Tuesday, telling a Texas court the package includes "numerous infirmities" that need to be addressed.

  • September 24, 2025

    NC Med. Provider Exposed 450K Peoples' Data, Patient Says

    A healthcare provider with locations throughout eastern North Carolina failed to protect the private data of at least 450,000 of its patients, then dragged its feet in notifying them, according to a potential class action filed in North Carolina federal court Tuesday.

  • September 24, 2025

    Trans Youth Care Ban Discriminatory, Mo. High Court Hears

    The Missouri Supreme Court heard arguments Wednesday on a law that bans gender-affirming care for minors and restricts Medicaid coverage for transgender care at any age, but the justices gave little indication of how they might rule.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Why Attys Should Get Familiar With Quantum Computing

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    Quantum computing is projected to pose significant updates to current practices in cryptography, making the issue relevant to policymakers and the legal profession generally, particularly when it comes to data storage, privacy regulations and pharmaceutical industry market changes, say professors at the University of San Francisco.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

  • AG Watch: Letitia James' Major Influence On Federal Litigation

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    While the multistate cases brought by New York Attorney General Letitia James appear to be based upon her interpretation of the effect of the Trump administration's policies on New York state and its residents, most also have a decidedly political tone to them, says Dennis Vacco at Lippes Mathias.

  • How Trump Orders Affect Health Orgs.' Care For Trans Minors

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    Two recent executive orders issued by President Donald Trump regarding gender-affirming care for minors have put healthcare organizations in a precarious situation, and these institutions should prepare for various implications and potential scenarios, say attorneys at ArentFox.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

  • Reproductive Health Under Trump So Far, And What's Next

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    Based on priorities stated so far, the Trump administration will likely continue to weaken Biden-era policies that protect reproductive health, with abortion, in vitro fertilization and contraception all being issues to watch closely amid a post-Dobbs shift, say attorneys at McDermott.

  • Series

    Playing Football Made Me A Better Lawyer

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    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

  • Contract Disputes Recap: Q&As, Gov't Claims, Pleading

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    Attorneys at Seyfarth examine decisions from the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals and the U.S. Court of Federal Claims covering matters including superior knowledge, government claims and pleading standards.

  • Notable Q1 Updates In Insurance Class Actions

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    The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.

  • Series

    Power To The Paralegals: The Value Of Unified State Licensing

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    Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

  • What's Next For Lab Test Regulation Without FDA Authority

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    A recent Texas federal court decision vacating the U.S. Food and Drug Administration's final rule that would apply FDA regulations to laboratory-developed tests signals potential positive impacts in the diagnostic space, and could inspire more healthcare entities to litigate against the government, say attorneys at Hooper Lundy.

  • 11 Tips For Contractors Dealing With DOD Staff Reductions

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    Defense contractors should prepare for a wide range of disruptions related to procurement and contract administration that are likely amid federal workforce reductions, say attorneys at Covington.

  • GC Nominee Likely Has Employer-Friendly NLRB Priorities

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    President Donald Trump’s nomination of Crystal Carey as general counsel of the National Labor Relations Board indicates the administration's intent to revive precedents favorable to employers, including expansion of permissible employer speech and reinstatement of procedural steps needed for employees to achieve unionization, say attorneys at Vorys.

  • 10 Soft Skills Every GC Should Master

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    As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.

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