Deals & Corporate Governance
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October 09, 2025
Tivity Health Investors Seek Final OK Of $17M Settlement
An investor in fitness program administrator Tivity Health Inc. has asked a Nashville federal judge for a final nod for an over $17 million deal ending claims the company misled investors about its financial prospects after its $1.3 billion acquisition of troubled weight-loss meal delivery company Nutrisystem.
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October 08, 2025
Del. Judge May Have Mallinckrodt Choose: Injunction Or $10M
A Delaware federal judge said he might ask Mallinckrodt Pharmaceuticals to choose between getting a competitor's inhaled nitric oxide treatment enjoined, or receiving the entire $9.5 million a jury determined it's owed for infringement.
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October 07, 2025
Aetna COVID-19 Test Provider Sues Insurer For 'Unpaid' $53M
A Nebraska company that provided COVID-19 testing for Aetna has filed suit in California federal court, alleging that the insurer owes it more than $53 million for testing services but has refused to pay up.
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October 07, 2025
Alto Neuroscience Execs Sued Over Rosy Drug Claims
An Alto Neuroscience investor claims CEO Amit Etkin and other directors overstated the efficacy of the psychiatric biotech company's lead drug candidate for treating major depressive disorder, according to a lawsuit filed Tuesday in California federal court that alleges the company's stock price plummeted when the truth came out.
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October 07, 2025
Bausch And Teva Blocked Cheaper IBS Drug, Retailers Say
A slew of retailers on Tuesday accused Bausch Health Cos. Inc. and Teva Pharmaceuticals of working together to keep the generic version of an irritable bowel syndrome drug off the market until 2028, forcing the retailers and other purchasers of the drug to pay monopoly prices.
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October 07, 2025
Prospect Medical Fights $1M Software Fee Claims In Ch. 11
Prospect Medical Holdings Inc. says the pending Chapter 11 proceedings for its hospitals in California and Connecticut should keep two technology companies from demanding more than $1 million in payment for disputed software and IT contracts, according to Prospect's filings with a Texas bankruptcy court on Monday.
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October 07, 2025
Biogen Says Investors Can't Expand Alzheimer's Drug Suit
Biogen Inc. said a class of investors suing over alleged misleading statements in connection with the rollout of the company's Alzheimer's drug should not be allowed to needlessly delay resolution by filing an amended complaint expanding the class period and adding new legal theories and claims.
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October 07, 2025
Premera Defends IBS Drug Antitrust Claims Against Takeda
Health insurers and self-insured employers represented by Premera Blue Cross urged a Massachusetts federal judge not to nix a series of state law antitrust claims from the broader certified class action accusing Takeda Pharmaceutical of paying Par Pharmaceuticals to delay generic competition to anticonstipation drug Amitiza.
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October 07, 2025
3 Firms Advise On Qualtrics' $6.75B Press Ganey Forsta Buy
Goodwin Procter LLP and Simpson Thacher & Bartlett LLP are advising Qualtrics on its agreement to acquire Latham & Watkins LLP-led experience analytics firm Press Ganey Forsta for $6.75 billion, in a deal the companies said will create the "most complete platform designed for experience management."
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October 06, 2025
2 Firms To Lead Humana Investor Suit Over Post-COVID Costs
Glancy Prongay & Murray LLP and The Rosen Law Firm will co-lead consolidated shareholder derivative claims against healthcare giant Humana Inc. alleging its brass made the company downplay the "pent-up demand" that pushed up patient utilization rates on the heels of the COVID-19 pandemic.
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October 06, 2025
Law Profs Say CareDx False Ad Verdict Should Stand
Two law professors have urged the Third Circuit to grant medical testing company CareDx's request for another chance to argue why its $45 million false advertising verdict against a rival should be reinstated, saying a ruling nixing the verdict will disallow juries from using circumstantial evidence and encourage false advertisers to "try their luck."
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October 06, 2025
Judge Grants Modivcare Permission To Take Ch. 11 Plan Vote
A Texas bankruptcy judge on Monday permitted Modivcare to send its Chapter 11 plan out for a vote, saying he was going to trust the debtor to move expeditiously towards a confirmation hearing but would divert from the schedule if necessary.
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October 06, 2025
High Court Turns Down 6 Patent Cases At Start Of Term
The U.S. Supreme Court on Monday rejected six petitions in patent-related cases, taking some of its first actions on intellectual property matters this term.
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October 03, 2025
Modivcare Can Tap Full $100M Ch. 11 Loan
A Texas bankruptcy judge Friday agreed to give final approval to medical transport company Modivcare's request to borrow $100 million in debtor-in-possession funds, finding that what the unsecured creditors' committee argued were flaws in the financing arrangement were not actually deal-breakers.
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October 02, 2025
NC Court Rejects McGuireWoods' Immunity In Defamation Suit
A North Carolina appellate court dismissed an interlocutory appeal by McGuireWoods and a former partner in a defamation case over statements about an investigation into the onetime CEO of a managed care organization during a press conference, reiterating its opinion that the statements were "too far afield" to be considered part of a judicial proceeding.
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October 02, 2025
NC Chief Judge Scolds Medical Supply Co.'s 'Rude' Demand
A North Carolina federal judge on Wednesday threw out a medical supply company's suit over COVID-19 test kit profits based on the Chinese citizenship of one party, adding that the plaintiff's impatience with the court amid a judge shortage was "rude."
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October 02, 2025
Fed. Circ. Affirms Cutting $10M Med Device IP Verdict To $1
The Federal Circuit on Thursday said a lower court had properly reduced to $1 what had been a $10 million patent infringement verdict against Intuitive Surgical Inc., saying any amount between the two figures "would require improper guesswork," given the lack of evidence on damages.
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October 02, 2025
Many Cos. Not Ready For National Security Risks, Report Says
At least a third of U.S. companies aren't fully prepared to address key national security compliance risks they face, and the C-suite often isn't aligned with its in-house counsel as to who is primarily responsible for those efforts, according to a new survey from Eversheds Sutherland.
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October 01, 2025
Hospitals Turn To Real Estate To Shore Up Finances
Hospital systems are increasingly turning to their real estate to raise money after years of rising inflation and lagging reimbursement rates, although state regulators have placed more scrutiny on such transactions.
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October 01, 2025
Cozen O'Connor Adds Healthcare Litigator To Philly Office
An attorney with more than three decades of experience representing healthcare providers in litigation matters has recently moved his practice to Cozen O'Connor's Philadelphia shop.
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September 30, 2025
McKinsey Trims Endo Suit But Can't Nix Indemnification Claim
A New York bankruptcy judge trimmed an adversary suit Monday claiming McKinsey & Co. Inc. should pay at least $1.5 billion to cover costs bankrupt pharmaceutical developer Endo International racked up defending against opioid claims, tossing nearly all allegations with leave to amend, but greenlighting an indemnification claim.
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September 30, 2025
3rd Circ. Parses 'Could' And 'Would' In Lipitor Lawsuit
A Third Circuit panel questioned Tuesday whether drug wholesalers and health plans had offered enough evidence that Pfizer Inc. and Ranbaxy Laboratories Ltd. conspired to delay generic competition for the cholesterol drug Lipitor, focusing on whether the U.S. Food and Drug Administration would have approved the competitor earlier than November 2011.
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September 30, 2025
Healthcare Deals This Week: Pfizer, Genmab, And More
There was at least one blockbuster M&A deal and a slew of private fundraises in the healthcare space this past week, marking a potential — albeit faint — bright spot in healthcare dealmaking, despite a difficult past few months for the industry.
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September 30, 2025
'Most Favored Nation' Price Deadline Has Passed. Now What?
A hotly anticipated deadline set by President Donald Trump as part of the administration's efforts to pressure pharmaceutical companies to cut drug prices came and went, leaving the industry to wonder: What's next?
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September 30, 2025
Pharma Co. Asks Judge To Toss 'Vague' Investor Class Action
Counsel for Marinus Pharmaceuticals Inc. told a Pennsylvania federal judge Tuesday that a shareholder class action alleging the company misled investors about the potential success of an epilepsy drug was based solely on "vague and uncorroborated" statements from confidential witnesses.
Expert Analysis
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How SEC And NY Cyber Reporting Rules Affect Key Industries
The new U.S. Securities and Exchange Commission and New York State Department of Financial Services cybersecurity disclosure requirements, and their competing obligations, reveal the increasing complexity for organizations evaluating and reacting to cybersecurity incidents — particularly those in the healthcare and financial services industries, say attorneys at Manatt.
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Trends Shaping The 2024 Consumer Packaged Goods Industry
The better-for-you segment within the consumer packaged goods industry is poised for a significant evolution in 2024, and industry players must remain agile and adaptive through M&A activities, legal considerations, sustainability initiatives and changing technology, says Christopher Cain at Foley & Lardner.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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ESG Around The World: Singapore
Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.
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The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Navigating Asset Tracing Challenges In Bankruptcy
A Virginia court’s recent ruling in Health Diagnostic Laboratory Inc.'s bankruptcy highlights the heightened demand for asset tracing and the strategic use of the lowest intermediate balance rule in recovering funds from commingled accounts, says Daniel Lowenthal at Patterson Belknap.
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Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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'Patient' Definition Ruling Raises Discount Drug Questions
A South Carolina federal court's recent decision in Genesis Health Care v. Becerra supports a broader definition of a "patient" eligible to receive discounted drugs under the Section 340B program, but raises a host of novel questions regarding how the decision will affect covered entities and enforcement actions, say attorneys at McDermott.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.