Deals & Corporate Governance

  • November 03, 2025

    Biotech Co. Agrees To Reforms After Co-Founder's Conviction

    Executives of the company formerly known as Enochian BioSciences Inc. have agreed to implement a series of corporate reforms to end shareholder derivative claims that they breached their fiduciary duty when a company co-founder it hailed as a "genius" was accused of both a murder-for-hire plot and falsifying research data.

  • November 03, 2025

    DOJ Taps Hall Render Atty As UnitedHealth Merger Monitor

    The U.S. Department of Justice asked a Maryland federal judge Monday to appoint a Hall Render Killian Heath & Lyman PC shareholder as compliance monitor as part of the settlement allowing UnitedHealth Group's merger with Amedisys.

  • November 03, 2025

    Bernstein Litowitz, Robbins Geller To Lead $8.9B Class Action

    The Delaware Chancery Court has tapped Bernstein Litowitz Berger & Grossmann LLP and Robbins Geller Rudman & Dowd LLP to lead stockholder litigation over an $8.9 billion take-private deal, citing the firms' alignment with institutional investors holding the largest stake.

  • November 03, 2025

    4 Firms Guide $48.7B Kimberly-Clark Deal For Kenvue

    Huggies maker Kimberly-Clark Corp. announced Monday it will acquire Tylenol parent company Kenvue at an enterprise value of approximately $48.7 billion, with four firms steering the transaction. 

  • October 31, 2025

    Ga. Panel Says McClain Standard Applies In Sterigenics Case

    The Georgia Court of Appeals on Friday vacated a trial court's decision in eight toxic tort bellwether suits claiming harmful emissions from a Sterigenics sterilization plant caused cancer and birth defects, saying the trial court used the wrong legal standard regarding expert testimony in toxic tort cases.

  • October 31, 2025

    Obesity Drugmaker Escapes Clinical Trial Securities Suit

    Biopharmaceutical company BioAge Labs Inc. has, for now, escaped a suit alleging investors were hurt by plummeting share prices after the company unexpectedly halted a clinical trial for a weight loss drug, saying that the investors failed to plausibly show the company did not properly disclose risks to the trial.

  • October 31, 2025

    Ga. Panel Backs Ambulance Co.'s Trial Win In Death Suit

    A Georgia appellate panel on Thursday backed an ambulance company's defense verdict in a wrongful death lawsuit, ruling that a man suing the company for negligence in transporting his mother to a hospital "cannot show harm" by a trial court's decision to limit his expert's testimony.

  • October 31, 2025

    NC Attorney General, HCA Duel Over Merger Commitments

    The North Carolina Attorney General's Office and HCA Healthcare have offered competing interpretations of a 2019 merger agreement in their efforts to secure a pretrial win in the state's compliance case involving the purchase of an Asheville hospital system.

  • October 30, 2025

    Fed. Circ. Explains Rule While Upholding Merck PTAB Loss

    The Federal Circuit sided with generics makers Thursday and upheld the Patent Trial and Appeal Board's invalidation of claims in two Merck KGaA patents on the blockbuster multiple sclerosis drug Mavenclad, while clarifying how to treat invalidity arguments that involve overlapping inventors.

  • October 30, 2025

    Takeda Fails In Bid To Avoid IBS Drug Antitrust Trial

    A Massachusetts federal judge has teed up Takeda Pharmaceutical for trial next year on claims from health insurers, self-insured employers, retailers and wholesalers accusing it of paying Par Pharmaceuticals to delay generic competition to anticonstipation drug Amitiza, rejecting competing motions from the drugmaker and plaintiffs for early wins.

  • October 29, 2025

    PE-Backed Medical Supplies Giant Medline Files For IPO

    Private equity-backed medical supplies giant Medline has filed for its long-awaited initial public offering, eyeing a return to public markets four years after being taken private through a large buyout. 

  • October 28, 2025

    This Week's Healthcare Earnings: HCA, Roche, And More

    A handful of pharma companies and a slew of health systems released their financial reports this quarter in recent days, kicking off the first major week of earnings for the quarter.

  • October 28, 2025

    MAHA, Telehealth And Deals: The Forecast From HLTH

    With the close of the annual HLTH conference in Las Vegas, Law360 Healthcare Authority talked with healthcare lawyers and business leaders about this year's big themes and what they see coming for a fast-changing industry.

  • October 28, 2025

    Ex-Philips CEO Can't Undo Finding He Misled Shareholders

    A Brooklyn federal judge will not reverse a finding that a former CEO of health technology company Koninklijke Philips NV misled shareholders about the safety and compliance of a subsidiary's sleep and respiratory care products.

  • October 27, 2025

    Moderna Says Vax Efficacy Math Doesn't Show Investor Fraud

    An investor in vaccine giant Moderna Inc. has failed to show that the company misrepresented the efficacy of its RSV vaccine by pointing out that the U.S. Food and Drug Administration later recalculated the vaccine's efficacy, the company said in an effort to slip a proposed investor class action.

  • October 27, 2025

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court and Delaware Supreme Court saw another busy week of disputes spanning biotech milestones, reincorporation showdowns, shareholder voting schemes and cryptocurrency fiduciary rights.

  • October 24, 2025

    Taxation With Representation: Latham, Wachtell, Gibson Dunn

    In this week's Taxation With Representation, Meta announces a joint venture with Blue Owl Capital to fund the development of a data center campus in Louisiana, private equity giants acquire medical technology company Hologic Inc., and National Fuel Gas Co. buys CenterPoint Energy Inc.'s Ohio natural gas utility business.

  • October 23, 2025

    McGuireWoods Asks NC Justices To Stay Defamation Case

    McGuireWoods LLP and a former partner are asking North Carolina's highest court to halt a defamation case over statements made in connection with an investigation into the former CEO of a managed care organization, saying they risk permanently losing their immunity defense if the suit is allowed to move forward.

  • October 22, 2025

    Bristol-Myers $450M Payment Dispute Heads To Arbitration

    A judge sitting for Delaware's Court of Chancery has sent to arbitration allegations from shareholders of a small biotechnology company acquired by Bristol-Myers Squibb that the pharmaceutical giant used trickery to avoid paying up to $450 million in milestone payments.

  • October 22, 2025

    5 Firms Guide $2.1B Alkermes-Avadel Sleep Medicine Deal

    Dublin-based Alkermes PLC has agreed to buy Avadel Pharmaceuticals PLC, a fellow Irish drugmaker focused on sleep medicine, in an all-cash deal valuing Avadel at about $2.1 billion, the companies said on Wednesday. 

  • October 22, 2025

    NC Biz Court Bulletin: COVID Coverage, A Suspect Signature

    The North Carolina Business Court has rounded the corner into fall with insurance disputes over COVID-19 coverage at a chain of outlet malls and the theft of over $900,000 in legal THC reportedly stolen from a warehouse in the Southwest.

  • October 22, 2025

    Winstead Real Estate Co-Chair Talks Healthcare Dealmaking

    Healthcare real estate transactions have evolved in recent years, as hospital systems increasingly see selling their real estate as a way to raise funds, and as the delivery model for healthcare shifts to a retail model.

  • October 21, 2025

    Judge Trims Pharma Co. Claims Against Ex-Employees

    A Florida federal judge has narrowed pharmaceutical company Lupin Inc.'s lawsuit accusing a rival of stealing trade secrets, freeing a pair of former employees of claims that they breached their fiduciary duties by allegedly swiping the company's confidential information.

  • October 21, 2025

    Private Equity Win in FCA Case Shows Limits of Statute Reach

    With private equity firms in the healthcare industry facing increased FCA scrutiny, a recent federal court decision in Nebraska illustrates the obstacles faced by whistleblowers trying to reach investors’ pockets.

  • October 21, 2025

    HLTH 2025 Dispatch: Medicaid Cuts, Mark Cuban, AI

    Law360 Healthcare Authority goes to HLTH, the annual healthcare industry conference in Las Vegas.

Expert Analysis

  • ESG Around The World: Mexico

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    ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • 10 Takeaways From New HHS Federal Compliance Guidelines

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    The U.S. Department of Health and Human Services' recently issued general compliance program guidance is the first of its kind that would apply across all health care stakeholders, and signals the agency’s first step to improve and update existing compliance guidance, says Melissa Wong at Holland & Knight.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • Cross-Market Implications In FTC's Anesthesia Complaint

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    The Federal Trade Commission's recent complaint against a private equity firm's acquisition of anesthesiology practices highlights the controversial issue of cross-market harm in health care provider mergers, and could provide important insights into how a court may view such theories of harm, say Christopher Lau and Dina Older Aguilar at Cornerstone Research.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Cos. Must Adapt To Calif. Immigration Data Privacy Law

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    California’s recently signed A.B. 947 expands the California Consumer Privacy Act and brings the state in line with other comprehensive privacy laws that address immigration status, meaning companies should make any necessary updates to their processes and disclosures, say Kate Lucente and Matt Dhaiti at DLA Piper.

  • Looking For Defense Contract Appeal Trends In Annual Report

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    A deep dive into the Armed Services Board of Contract Appeals annual report for the 2023 fiscal year reveals increases in the number of cases filed, pending motions and expedited or accelerated cases, while the board disposed of fewer cases than in prior fiscal years, say Scott Flesch and Alexandra Prime at Miller & Chevalier.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • ESG Around The World: South Korea

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    Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • A Look At Successful Bid Protests In FY 2023

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    Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.

  • Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits

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    Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.