The Fourth Circuit on Thursday affirmed a Virginia federal judge's ruling against a pharmaceuticals industry-backed charity looking to weaken the Anti-Kickback Statute, holding that a proposed program for helping patients cover the cost of drugs could indeed constitute a quid pro quo.
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SUNDAY, JANUARY 26, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

4th Circ. Reads Kickback Law Broadly In Loss For Big Pharma

By Hailey Konnath

The Fourth Circuit on Thursday affirmed a Virginia federal judge's ruling against a pharmaceuticals industry-backed charity looking to weaken the Anti-Kickback Statute, holding that a proposed program for helping patients cover the cost of drugs could indeed constitute a quid pro quo.

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15 States Reach $7.4B Settlement With Sackler Family

By Spencer Brewer and Frank G. Runyeon

A bipartisan coalition of states on Thursday announced a $7.4 billion settlement in principle with the Sackler family and their company Purdue Pharma Inc., representing the largest settlement to date with the family accused of contributing significantly to the opioid epidemic.

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Intuitive Judge Walks Back 'Inappropriate' Witness Instruction

By Bonnie Eslinger

Counsel for Intuitive Surgical objected Thursday to a California federal judge's "inappropriate instruction" to a witness testifying in a trial over allegations it abused its market power by blocking hospitals from using a refurbished part for its surgery robot, prompting the judge to walk back the direction.

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LITIGATION

Unsigned Bladder Drug Patent Deal Not Binding, Judge Rules

By Ryan Davis

A federal judge has rejected Astellas Pharma's request to enforce a purported settlement with MSN Pharmaceuticals in a patent dispute over MSN's planned generic version of an overactive bladder drug, holding that the deal is not binding because MSN never signed it.

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GoodRx, PBMs Sued Over Alleged Generics Price-Fix Scheme

By Gina Kim

GoodRx and pharmacy benefit managers, including CVS Caremark and Express Scripts, formed a "cartel" to execute a price-fixing scheme by sharing pricing information and agreeing not to outbid each other for reimbursement rates paid to pharmacies for generic drugs, alleges a proposed class action filed Wednesday in California federal court.

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GenapSys Says Paul Hastings Can't Keep Privileged Docs

By James Mills

GenapSys is pushing back on Paul Hastings LLP's bid to force it to turn over documents that it had inadvertently released during discovery in a legal malpractice suit alleging that the law firm improperly drafted board documents that led to the "demise and liquidation" of the genetic-sequencing company.

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Ex-J&J Exec Accused Of File Theft Has Died, Court Told

By George Woolston

A former competitive strategy director for Johnson & Johnson accused of stealing confidential files when he left the company to work for Pfizer has died, according to a court filing.

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BANKRUPTCY

Exactech Seeks Bonuses For Top Execs For Ch. 11 Sale

By Rick Archer

Bankrupt medical implant manufacturer Exactech asked a Delaware bankruptcy judge Thursday for permission to pay up to $5 million in bonuses to its top executives, saying they are performing necessary work for the company's sale plans.

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EXPERT ANALYSIS

Takeaways From FDA's Updated Confirmatory Trial Guidance

The U.S. Food and Drug Administration's latest draft guidance about accelerated drug approval indicates the FDA's intent to address the significant lag time between accelerated approval and full approval of drugs and may help motivate the industry to complete confirmatory trials, say attorneys at Sheppard Mullin.

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The Most Important Schedule I Drug Regulatory Shifts Of 2024

In 2024, psychedelics and cannabis emerged as focal points in medical research, marking a pivotal year in their legal and regulatory journey, but these developments presented both opportunities and challenges within this evolving field, say Kimberly Chew at Husch Blackwell and Stephen Kim at Avicanna.

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What Nearshoring Growth In Americas Means For Patents

With the new U.S. administration potentially focused on implementing draconian trade restrictions, nearshoring in the Americas is expected to grow, and patent prosecution attorneys will be kept on their toes as the patent landscape from country to country continues to evolve, says Ernest Huang at Procopio.

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Series

Coaching Little League Makes Me A Better Lawyer

While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

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LEGAL INDUSTRY

Companies Risk White House Wrath By Keeping DEI Programs

By Sarah Jarvis

For companies pushing forward with their diversity, equity and inclusion initiatives amid a torrent of attacks from President Donald Trump and his allies, there are myriad potential risks ahead — and murky questions about the legal parameters of Trump's anti-DEI agenda.

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Law Students Scramble As Federal Gov't Yanks Job Offers

By Alison Knezevich

Law students across the country are scrambling to figure out their next steps after a range of federal agencies yanked job and internship offers this week because of the new hiring freeze imposed by the Trump administration.

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Mass Tort Atty Files Ch. 11 Owing $202M To Litigation Funders

By Hilary Russ

A Houston plaintiffs attorney has filed for personal Chapter 11 protection with more than $202 million of litigation funding liabilities, according to his petition in the Southern District of Texas.

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Feud Heats Up Over Estate Of Wife Killed By Ex-BigLaw Atty

By Emily Johnson

The godson of a Georgia woman killed by her husband, former Fisher Phillips partner Claud "Tex" McIver, has said her cousins shouldn't get proceeds from a settlement of an underlying wrongful death suit, calling them "strangers" to her and claiming "the redistributive windfall" they're asking for "has no place in Georgia law."

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Boston Firm Says IT Vendor Holding Computers 'Hostage'

By Julie Manganis

Boston-based law firm Melick & Porter LLP says a company it hired to manage its information technology is now holding its computer network and data "hostage" by refusing to cooperate with the transition to a new vendor unless Melick pays it $380,000.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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Law360's Legal Lions Of The Week

By Kevin Penton

Phillips Black Inc., Ridley McGreevy & Winocur PC and King & Spalding LLP lead this week's edition of Law360 Legal Lions, after the U.S. Supreme Court revived claims from a woman on death row in Oklahoma that prosecutors unfairly sex-shamed her and relied on gender-based stereotypes to convince a jury that she had killed her estranged husband for insurance money.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

A new Law360 Pulse survey shows that more than 90% of in-house counsel have no regrets about their decisions to join companies. In litigation stemming from Purdue Pharma's sales of OxyContin that fueled the opioid crisis, the Sackler family would lose control of Purdue and pay $6.5 billion in the latest proposed settlement. These are some of the stories in corporate legal news you may have missed in the past week.​

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UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen Axa Insurance and Admiral face a claim from a former lawyer recently exposed for personal injury fraud, the owner of Reading Football Club sue a prospective buyer and mobile network Lycamobile tackle action by Spanish network Yogio. Here, Law360 looks at these and other new claims in the U.K.

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COMPANIES IN TODAY'S NEWS

AT&T Inc.

AlphaSense

AlphaSights Ltd.

Amazon.com Inc.

American Airlines Group Inc.

Apple Inc.

Armadillo Financial Partners LLC

Astellas Pharma Inc.

BNP Paribas SA

British Broadcasting Corp.

Burford Capital LLC

CVS Health Corp.

Chevron Corp.

Compagnie Financière Tradition

Costco Wholesale Corp.

DHL International GmbH

EJF Capital LLC

Entergy Corp.

Exactech Inc.

Express Scripts Holding Co.

Exxon Mobil Corp.

FCA US LLC

GLS Capital LLC

GenapSys Inc.

George Washington University

GoodRx Holdings Inc.

Independence Blue Cross Inc.

Intuitive Surgical

Investments Ltd.

J.C. Penney Co. Inc.

Johnson & Johnson

LinkedIn Corp.

Lykos Therapeutics

Macy's Inc.

McDonald's Corp.

Mediterranean Shipping Co. SA

Meta Platforms Inc.

National Community Pharmacists Association

National Westminster Bank PLC

Omnicom Group Inc.

Pfizer Inc.

Pinterest Inc.

Pioneer Natural Resources Co.

Purdue Pharma LP

Redwood Holdings LLC

Rocade LLC

Royal Mail Group PLC

Samsung Electronics Co. Ltd.

Sonos Inc.

The Cigna Group

The Interpublic Group of Cos. Inc.

The State University of New York

Thryv Inc.

TikTok Inc.

U.S. Chamber of Commerce

Vertex Pharmaceuticals Inc.

Walmart Inc.

White Castle Management Co.

LAW FIRMS IN TODAY'S NEWS

Adams & Reese

AkinMears

Altshuler Berzon

Antheil Maslow

Binder & Schwartz

Bird & Bird

Blank Rome

Brown Rudnick

Burges Salmon

Cheeley Law Group

Clement & Murphy

Clyde & Co

Cohen Milstein

Covington & Burling

Cravath Swaine

DiCello Levitt

Edelson PC

Eimer Stahl

Eversheds Sutherland

Fasken

Fish & Richardson

Fisher & Phillips

Freeman Mathis

Gaslowitz Frankel

Gibson Dunn

Gillam Smith

Gordon Arata

Hilgers Graben

Hogan Lovells

Hogan McDaniel

Howes Percival

Husch Blackwell

Jones Day

Kean Miller

Kemmer Law

King & Spalding

Kirkland & Ellis

Knobbe Martens

Latham & Watkins

Lesnick Prince

Lipsitz Green

Liskow & Lewis

Lodders Solicitors

Mayer Brown

McCarter & English

McCaulley Law Group

McDermott Will & Emery

Melick & Porter

Morris James

Morrison Foerster

Munger Tolles

Outten & Golden

Paul Hastings

Paul Weiss

Phillips Black Inc

Procopio Cory

Quinn Emanuel

Reynolds Porter

Ridley McGreevy

Robin Frazer Clark PC

Ropes & Gray

Sacks Weston

Selendy Gay

Shapiro Arato

Sheppard Mullin

Sidley Austin

Skadden Arps

Stanley Reuter

Steptoe LLP

Sullivan & Cromwell

Susman Godfrey

Travers Smith

Troutman

Weinberg Roger

WilmerHale

Young Conaway

GOVERNMENT AGENCIES IN TODAY'S NEWS

City and County of San Francisco, California

Commonwealth of Massachusetts

Companies House

Connecticut Attorney General's Office

Delaware Court of Chancery

Equal Employment Opportunity Commission

Executive Office of the President

Federal Bureau of Prisons

Federal Trade Commission

Financial Ombudsman Service

Food and Drug Administration

Georgia Court of Appeals

Georgia Supreme Court

Internal Revenue Service

Japan Patent Office

National Institutes of Health

National Labor Relations Board

New York Attorney General's Office

Office of Federal Contract Compliance Programs

Peace Corps

The Crown Prosecution Service

U.S. Air Force

U.S. Bankruptcy Court for the District of Delaware

U.S. Bankruptcy Court for the Southern District of New York

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Department of Labor

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the Central District of California

U.S. District Court for the District of Delaware

U.S. District Court for the District of New Jersey

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Texas

U.S. Drug Enforcement Administration

U.S. Office of Personnel Management

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Supreme Court

UK High Court