Deals & Corporate Governance

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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?

  • 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.

  • September 29, 2025

    Yale Unit Will Pay $45M To End Failed Hospitals Sale Dispute

    Yale New Haven Health Services Corp. has agreed to pay $45 million to hospital operator Prospect Medical Holdings Inc. to conclude their legal dispute over a failed $435 million sale of three Connecticut hospitals, according to a motion filed in Texas bankruptcy court.

  • September 26, 2025

    Semler Scientific, Bard To Pay $37M To End FCA Claims

    The Department of Justice announced on Friday that two companies have agreed to pay nearly $37 million to resolve claims that they knowingly recommended healthcare providers submit erroneous Medicare claims for tests for diagnosing artery disease.

  • September 26, 2025

    CareDx Asks 3rd Circ. To Rethink $45M False Ad Case

    Medical testing company CareDx has asked the Third Circuit for a panel rehearing or a rehearing before the entire circuit to consider reinstating a $45 million jury award in a false advertisement case over genetic testing technology against rival Natera.

  • September 26, 2025

    Taxation With Representation: De Brauw, Hengeler Mueller

    In this week's Taxation With Representation, power grid operator TenneT Holding sells a stake in its German transmission business to institutional investors, Pfizer Inc. acquires biotechnology company Metsera Inc., and Dutch brewer Heineken NV buys most of Costa Rica's FIFCO beverage and retail operations.

  • September 24, 2025

    UnitedHealth Fights Investor Suit Over DOJ's Merger Probe

    UnitedHealth and its executives have asked a Minnesota federal judge to toss a proposed securities class action accusing it of, among many things, not disclosing that the U.S. Department of Justice had reopened an antitrust investigation into the health insurer, saying the complaint consists of unsupported "scattershot allegations."

  • 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

    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 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

    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.

Expert Analysis

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • How To Navigate The FTC's New Private Equity Frontier

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    The Federal Trade Commission's recent district court complaint against an anesthesia firm and its private equity partner tests key bounds of the agency's stand-alone authority, and defense strategies can include challenges to both the geographic and the service market fronts, say attorneys at Baker McKenzie.

  • Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • Considerations And Calculations For DOJ Clawback Program

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    The U.S. Department of Justice’s clawback pilot program announced earlier this year presents numerous questions for businesses, and both hypothetical and recent real-world examples capture how companies’ cost-benefit analyses about whether to claw back compensation in exchange for penalty reductions may differ, say Yogesh Bahl and Jonathan Hecht at Resolution Economics.

  • SEC's Life Sciences Actions Utilize Novel Tools And Theories

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    Recent enforcement actions show that the U.S. Securities and Exchange Commission is employing new forms of data analytics and noteworthy applications of insider trading laws in its scrutiny of fraud within the life sciences and health industries, say Edward Imperatore and Jina Choi at MoFo.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • A Guide For Landlords Pivoting To Medical Office Buildings

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    The current commercial real estate landscape presents a unique opportunity for landlords, real estate developers and investors to accommodate the growing health care industry's need for office buildings, though proper navigation of complex regulations and leasing concerns is necessary, says Mehdi Sinaki at Michelman & Robinson.

  • Unpacking OMB's Proposed Uniform Guidance Rewrite

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    Affected organizations, including state and local governments, should carefully review the Office of Management and Budget's proposed overhaul of uniform rules for administering over $1 trillion in federal funding distributed each year, and take the opportunity to submit comments before the December deadline, says Dismas Locaria at Venable.

  • Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • FDI Considerations For UK Venture Capital Transactions

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    With the U.K. National Security and Investment Act highlighting foreign direct investment matters for venture capital transactions, investors dealing with companies connected to the U.K. should be alive to how the act's requirements can affect deal timelines, structures and terms, say lawyers at Covington.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.