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November 07, 2025
Taxation With Representation: Kirkland, Cravath, Paul Weiss
In this week's Taxation With Representation, consumer products giant Kimberly-Clark acquires Tylenol maker Kenvue, shale producers SM Energy and Civitas Resources announce a merger, and power management company Eaton buys Boyd Corp.'s thermal business.
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November 07, 2025
ERISA Recap: 6 Things Attys May Have Missed In Oct.
Two appeals court judges used a decision in an employee stock ownership plan case to urge the full Eleventh Circuit to rethink its requirements for filing federal benefits suits, a marketing company shut down a 401(k) forfeiture case, and CVS and Duke University were hit with new suits. Here, Law360 looks back at six noteworthy ERISA developments from last month.
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November 07, 2025
Laborie Buys Postpartum Bleeding Device For Up To $465M
Medical technology company Laborie Medical Technologies, advised by Simpson Thacher & Bartlett LLP and Cooley LLP, unveiled plans Friday to acquire a postpartum uterine bleeding device from New Jersey-based healthcare company Organon for up to $465 million.
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November 06, 2025
Pair Of Health-Focused Startups Net $423M In Combined IPOs
Two startups, spanning the diagnostics and biotechnology sectors, began trading on Thursday after raising a combined $423 million in initial public offerings, guided by three law firms, as more companies continue going public despite a historic government shutdown that has reduced staffing at the U.S. Securities and Exchange Commission.
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November 06, 2025
'Send A Message' To Novo Nordisk Over Kickbacks, Jury Told
Counsel for a whistleblower claiming Novo Nordisk paid illegal kickbacks to boost off-label prescribing of its hemophilia drug NovoSeven urged jurors during closing arguments Thursday to "send a message" to the drugmaker, saying it defrauded Washington state's Medicaid and Medicare systems out of nearly $100 million.
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November 06, 2025
Conduent Pummeled With Suits Over Monthslong Data Breach
Conduent Business Services LLC has been hit with a barrage of class action lawsuits in New Jersey federal court alleging it failed to adequately protect sensitive personal and health information of more than 10.5 million individuals that were compromised in a major data breach.
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November 06, 2025
CareFirst Urges Ban On J&J Character Talk At Stelara Trial
Health insurer CareFirst is asking a Virginia federal judge to bar Johnson & Johnson from promoting its "good character" to a jury that will weigh class claims of anticompetitive conduct and patent fraud to extend market protection on the blockbuster autoimmune drug Stelara.
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November 06, 2025
Lilly, Novo Nordisk Enter Obesity Drug Price Deal With Trump
Pharmaceutical giants Eli Lilly and Novo Nordisk cut a deal with the Trump administration to slash the pricing of their popular weight loss drugs in the U.S., becoming the latest to enter "most-favored-nation" pricing agreements, the White House announced Thursday.
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November 06, 2025
Debt Collectors Sue Over Colo.'s Medical Debt Reporting Ban
A major debt collection trade group sued to block a Colorado law banning medical debt from credit reports, arguing it conflicts with a federal law that the Consumer Financial Protection Bureau recently said doesn't let states regulate credit report content.
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November 06, 2025
Wash. Justices Spurn Alaska Airlines' Worker Illness Stance
The Washington Supreme Court on Thursday sided with an Alaska Airlines employee who caught COVID-19 while traveling on the job, rejecting the employer's attempt to distinguish an occupational disease covered by state workers' compensation law from any sickness that develops during a work trip.
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November 06, 2025
Attys Spar Over Dismissal Motion In Nurse Strike Pay Suit
A Colorado federal judge on Thursday questioned the parties on both sides of a complaint in determining if it has enough details to move forward in the lawsuit from nearly 40 nurses who claim they were not properly paid while temporarily working at Kaiser Permanente facilities in California during a 2023 strike.
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November 06, 2025
9th Circ. Backs NLRB Ruling On Nurses' Pandemic Pay Fight
The Ninth Circuit has affirmed the National Labor Relations Board's order finding a trio of Southern California hospitals violated federal labor law by unilaterally implementing a COVID-19 pandemic pay program without first bargaining with a Service Employees International Union affiliate representing registered nurses and professional workers.Â
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November 06, 2025
Texas AG Wants To Halt Kenvue $400M Shareholder Pay
Texas wants to block Johnson & Johnson consumer health spinoff Kenvue from paying $400 million to shareholders, calling it a "fraudulent transfer" amid the company, which makes Tylenol, facing "tens or hundreds of billions of dollars in liabilities" in the state's suit alleging the company hid the risk that acetaminophen could lead to autism.
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November 06, 2025
Fla. AG Says Planned Parenthood Lied About Abortion Drugs
The Florida Attorney General sued Planned Parenthood on Thursday, alleging the reproductive healthcare nonprofit misrepresented the safety of abortion drugs to women in a mass marketing campaign.
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November 06, 2025
FDA Warns Companies About Illegal Marketing Of Botox
The U.S. Food and Drug Administration has ordered the companies behind 18 websites to stop selling all Botox injectables to consumers that they have marketed as being able to treat chronic migraine, sweaty palms, overactive bladder and blepharospasm, or spasms that force one's eyelids closed.
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November 06, 2025
Squires Rebuffs Another 21 PTAB Petitions Without Comment
U.S. Patent and Trademark Office Director John Squires issued a one-page order Thursday rejecting 21 patent challenges from companies including Microsoft, Apple and Google, continuing his new practice of summarily denying such petitions with no explanation.
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November 06, 2025
Pa. Statehouse Catchup: Cannabis Quality, 'Deepfake' Fines
Even as the Pennsylvania General Assembly has struggled to agree to a state budget since the summer deadline passed, legislators have introduced and advanced bills dealing with perennial topics like cannabis legalization or responding to newer concerns like AI-fueled fraud.
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November 06, 2025
Kaiser Faces $5.4M Suit In Colorado Over Push To Telehealth
A Colorado mental health clinic claims that the Kaiser Foundation Health Plan of Colorado violated state healthcare laws by terminating its agreement with the behavioral health facility early, disrupting care for more than 7,800 patients.
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November 06, 2025
Sutter Health Patients' Attys To Get Over $100M Fees, Costs
A California U.S. magistrate judge said Thursday that she is ready to grant final approval of a $228.5 million deal settling a 13-year case over claims that Sutter Health boosted costs by pushing all-or-nothing networks on insurers, which includes $75.4 million in attorney fees and over $28 million in litigation expenses.
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November 06, 2025
3rd Circ. Won't Revive Investors' Suit Over Viatris Sale
The Third Circuit on Thursday upheld the dismissal of a proposed shareholder class action against pharmaceutical company Viatris, saying that investors hadn't plausibly alleged that they were misled about the future of the company's sold-off biosimilars business.
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November 06, 2025
Ex-COO Says Yale New Haven Hospital Owes Him Nearly $1M
Yale New Haven Hospital owes its former chief operating officer more than $994,000 under a noncompete agreement that guarantees him regular payments, according to a Connecticut federal lawsuit claiming that the hospital is improperly withholding the money because he supposedly did not give enough notice of his resignation.
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November 06, 2025
NJ Panel Says Med Mal Death Suit Wrongly Tossed
A New Jersey state appeals court on Thursday reinstated a woman's wrongful death suit against a Wayne hospital, finding the trial court misapplied precedent when it found her affidavit of merit was insufficient for not naming the specific employees she claims were negligent.
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November 06, 2025
Social Media Apps Must Face Jury After Section 230 Loss
A California state judge refused Wednesday to grant social media companies summary judgment on claims their platforms harm young users' mental health, again rejecting arguments that Section 230 of the Communications Decency Act shields them from liability, and sent three cases to bellwether trials, with the first to begin Jan. 27.
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November 06, 2025
Med Groups Call To Break Up 'Politicized' CDC Vax Committee
A Massachusetts doctor and a group of public health trade associations want the federal government to break up a key vaccine committee tasked with nationwide vaccine policy, arguing in an amended lawsuit Thursday that the panel has been tainted with anti-vaccine sentiment.
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November 06, 2025
Family Sues UF Hospital Over Toddler's Potassium Overdose
The family of a 2-year-old who died at Shands Hospital at the University of Florida filed a lawsuit Thursday claiming the hospital staff made a number of preventable medical errors, including over-administering potassium, which led to a fatal heart attack.
Expert Analysis
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Prepare For Increased FDA Inspections Of Foreign Facilities
In light of the U.S. Food and Drug Administration's recently announced plans to expand use of unannounced inspections of foreign drug manufacturing factories, foreign firms should implement best practices in anticipation of an imminent increase in enforcement activity, say attorneys at McGuireWoods.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Opinion
Legacy Of 3 Justices Should Guide Transgender Rights Ruling
Three Republican-appointed U.S. Supreme Court justices — Anthony Kennedy, Sandra Day O'Connor and David Souter — gave rise to a jurisprudence of personal liberty that courts today invoke to protect gender-affirming care, and with the court now poised to decide U.S. v. Skrmetti, it must follow the path that they set, says Greg Fosheim at McDermott.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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How Medical Practices Can Improve Privacy Compliance
In light of recent high-profile patient privacy violations, health practices — especially in California — should better position themselves to comply with medical privacy laws by shoring up strategies ranging from mapping electronic protected health information to building a better compliance culture, says Suzanne Natbony at Aliant Law.
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Recent Reports Shed Light On Section 340B's Effectiveness
Recent analyses of the Section 340B program's effectiveness in helping patients afford drugs in Minnesota reinforce concerns about the program's lack of transparency and underscore the need for further evaluation of whether legislative reform should be enacted, say William A. Sarraille at the University of Maryland, and Andrée-Anne Fournier and Molly Frean at Analysis Group.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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5 Open Questions About FDA's AI-Assisted Review Plans
The U.S. Food and Drug Administration recently touted the completion of a generative artificial intelligence program for scientific reviewers and plans for agencywide deployment to speed up reviews of premarket applications, but there is considerable uncertainty surrounding the tools' ability to protect trade secrets, avoid bias and more, say attorneys at King & Spalding.
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How Trump Administration's Antitrust Agenda Is Playing Out
Under the current antitrust agency leadership, the latest course in merger enforcement, regulatory approach and key sectors shows a marked shift from Biden-era practices and includes a return to remedies and the commitment to remain focused on the bounds of U.S. law, say attorneys at Wilson Sonsini.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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What Parity Rule Freeze Means For Plan Sponsors
In light of a District of Columbia federal court’s recent decision to stay litigation challenging a Mental Health Parity and Addiction Equity Act final rule, as well as federal agencies' subsequent decision to hold off on enforcement, attorneys at Morgan Lewis discuss the statute’s evolution and what plan sponsors and participants can expect going forward.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.