A group of Floridians and the U.S. Department of Justice have advanced dueling interpretations of whether a recent U.S. Supreme Court ruling on gun laws justifies stripping medical cannabis patients of their right to bear arms.
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WEDNESDAY, JULY 17, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Cannabis Patients And DOJ Offer Dueling Reads On Rahimi

By Sam Reisman

A group of Floridians and the U.S. Department of Justice have advanced dueling interpretations of whether a recent U.S. Supreme Court ruling on gun laws justifies stripping medical cannabis patients of their right to bear arms.

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Analysis

Vertex Pharma Widens War On Watchdog's Kickback Views

By Mark Payne

A lawsuit from gene therapy-drug maker Vertex Pharmaceuticals over fertility treatment access is a new battle over enforcement kickback theories and health officials' interpretation of "inducement."

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Ga. Denied Extension For Medicaid Work Requirement Plan

By Chart Riggall

Georgia won't get extra time to administer a work requirement Medicaid expansion program in order to make up for federal regulators' illegal delaying of its rollout after a federal judge ruled Monday that the state didn't go through the proper channels in trying to extend the program's timeline.

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DIVERSITY SNAPSHOP

The 2024 Diversity Snapshot: What You Need To Know

By Xiumei Dong

Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.

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These Firms Have The Most Diverse Equity Partnerships

By Gerald Schifman

Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.

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ENFORCEMENT & COMPLIANCE

Feds Say Drug Monitoring Co. Founder Pulled $5M Scam

By Ryan Harroff

The founder of a patient monitoring company pitched as an effort to help people recovering from addictions to avoid relapsing during medical treatment duped around 50 investors into putting $5 million into his firm, a now-unsealed criminal indictment alleges in Pennsylvania federal court.

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LITIGATION

Gilead Asks Calif. Supreme Court To Ax 'Disastrous' Decision

By Bonnie Eslinger

Gilead Sciences on Monday urged the California Supreme Court to overturn an appellate panel's decision that the company can't ditch claims it held back a safer HIV drug to maximize profits on an older medication, saying that holding manufacturers liable for non-defective products would "yield disastrous policy consequences."

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3rd Circ. Backs Tossing Over 1K Suits In Merck Vaccine MDL

By Mike Curley

The Third Circuit on Tuesday affirmed the dismissal with prejudice of 1,189 cases in multidistrict litigation alleging Merck & Co. Inc.'s shingles vaccine, Zostavax, caused the disease, saying the district court did not abuse its discretion by requiring medical tests to support the claims.

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Union Fund Trustees Say Elevance Usurped Fiduciary Power

By Patrick Hoff

The trustees of two union health plans said Elevance Health Inc. and its subsidiaries violated federal benefits law when they overpaid themselves for administrative services and medical providers for patient care, arguing the insurer had significant control over the management of the plans and their assets.

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Conn. Nonprofit Skirts Sanctions Over Skipped Depositions

By Brian Steele

A month after three officers of a Connecticut nonprofit failed to sit for postverdict depositions in a $13.8 million wrongful death case because their attorney was on vacation in Europe, the organization dodged sanctions Tuesday in state court when a judge ordered them to submit to the questioning within 30 days.

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Ex-County Exec Wants Firm Kicked Off NJ Discrimination Suit

By George Woolston

A former New Jersey county health director who claims his termination was retaliatory wants the firm representing the county disqualified, arguing Testa Heck Testa & White PA is conflicted due to interactions he had with two of the firm's attorneys before and during his termination meeting.

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PEOPLE

FDA Vet Joins Arnold & Porter As Counsel On Healthcare

By Gianna Ferrarin

After nearly a decade in high-level roles at the U.S. Food and Drug Administration, regulatory pro Andrew Zacher has joined the life sciences and healthcare team at Arnold & Porter.

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Manatt Adds Healthcare Transactions Partner From McDermott

By Yeji Jesse Lee

Manatt Phelps & Phillips LLP has added a new healthcare partner to its Boston office.

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EXPERT ANALYSIS

Critical Questions Remain After High Court's Abortion Rulings

The U.S. Supreme Court's decisions in two major abortion-related cases this term largely preserve the status quo for now, but leave federal preemption, the Comstock Act and in vitro fertilization in limbo, say attorneys at Jenner & Block.

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How Tech Trackers May Implicate HIPAA After Hospital Ruling

A recent Texas federal court order in American Hospital Association v. Becerra adds a legal protection on key data, clarifying when tracking technologies implicate the Health Insurance Portability and Accountability Act, so organizations should ensure all technology used is known and accounted for, say John Howard and Myriah Jaworski at Clark Hill.

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Opinion

High Court Made Profound Mistake In Tossing Purdue Deal

The U.S. Supreme Court's recent decision to throw out Purdue Pharma's Chapter 11 plan jeopardizes a multistate agreement that would provide approximately $7 billion in much-needed relief to help fight the opioid epidemic, with states now likely doomed to spend years chasing individual defendants across the globe, says Swain Wood at Morningstar.

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Navigating FDA Supply Rule Leeway For Small Dispensers

As the November compliance deadline for the U.S. Food and Drug Administration's new pharmaceutical distribution supply chain rules draws closer, small dispensers should understand the narrow flexibilities that are available, and the questions to consider before taking advantage of them, say attorneys at Faegre Drinker.

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Big Business May Come To Rue The Post-Administrative State

Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

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Series

Serving In The National Guard Makes Me A Better Lawyer

My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

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LEGAL INDUSTRY

Analysis

3 Reasons Why 2nd Menendez Bribery Case Was The Charm

By Carla Baranauckas

Nearly seven years after the government's first bribery case against longtime U.S. Sen. Robert Menendez collapsed in a hung jury, prosecutors avenged that loss Tuesday by sealing a conviction on a new round of corruption charges.

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Menendez Guilty Of 'Shocking Corruption,' Urged To Resign

By Cara Salvatore, Pete Brush and Carla Baranauckas

A New York federal jury found U.S. Sen. Robert Menendez guilty on Tuesday of taking gold bars, cash and a Mercedes-Benz as bribes from three businessmen, handing a victory to the government on its second try to convict the embattled New Jersey Democrat on corruption charges and prompting calls for his resignation.

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Trump Special Prosecutor Ruling Could Find Favor On Appeal

By Carolina Bolado

When U.S. District Judge Aileen Cannon dismissed the criminal case against former President Donald Trump in Florida over what she said was an unconstitutional appointment of a special prosecutor, she staked out a position that few other jurists have taken, but that could find support among some appellate judges, experts said.

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Ex-Trump Counsel Has Advice For GOP On Judicial Noms

By Courtney Bublé

A former Trump White House official who worked on judicial nominations has advised a potential future Republican administration to be aggressive, proactive and not to compromise on circuit court picks.

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Smirnov Wants David Weiss DQ'd After Trump Docs Ruling

By Hailey Konnath

Former FBI informant Alexander Smirnov said Monday that a Florida federal judge's order disqualifying the special prosecutor in the Donald Trump classified documents case means special counsel David Weiss should also be disqualified from Smirnov's case, according to a motion filed in California federal court.

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Fed. Circ. OKs Judge Connolly's Fine Against IP Biz Owner

By Andrew Karpan

A precedential ruling from the Federal Circuit on Tuesday found that Delaware's top judge has the right to fine a Texas paralegal who is the sole owner of patent litigation outfit Backertop Licensing LLC $200 a day for refusing to show up in court as part of the judge's investigation into whether Backertop and others hid their connection to big-name intellectual property consulting firm IP Edge.

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Musk Says X, SpaceX Moving To Texas Over Calif. Gender Law

By Lauren Berg

Elon Musk took to X Tuesday to announce he will be moving the headquarters of the social media company and his astronautics company, SpaceX, out of California to Texas, after Golden State Gov. Gavin Newsom signed a bill that bars policies mandating that teachers notify parents about students' gender identity.

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$4.5M Davis Wright Deal In Ore. Fraud Suit Gets Final OK

By Sydney Price

An Oregon federal judge has fully adopted a magistrate judge's recommendation to sign off on a $4.5 million deal resolving investor claims against law firm Davis Wright Tremaine LLP for its work representing entities involved in an alleged real estate securities fraud scheme, while two banks were dismissed from the case.

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Tesla Swaps Cravath Out, WilmerHale In For Antitrust Defense

By Lauren Berg

WilmerHale has taken over from Cravath Swaine & Moore LLP as counsel for Tesla in a proposed class action in California federal court alleging the company runs an unlawful monopoly on parts for its electric vehicles.

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ACLU Legal Director Leaving For Expanded Georgetown Role

By Kevin Penton

The American Civil Liberties Union's national legal director plans to step down from a role he has held for eight years, the organization confirmed Tuesday.

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Groups Slam UC Berkeley's 'Misreading' Of Antisemitism Case

By Jake Maher

Jewish organizations suing the University of California, Berkeley, and its law school for allegedly tolerating an antisemitic culture on campus fought to keep their suit alive this week in the face of a motion to dismiss, maintaining their claims are ripe despite UC Berkeley's "bold misreading" of the case.

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COMPANIES IN TODAY'S NEWS

American Civil Liberties Union

American Hospital Association

Associated Press

Chevron Corp.

Cottrell Inc.

Dow Corning Corp.

Elevance Health Inc.

Empire HealthChoice HMO Inc.

Gilead Sciences Inc.

International Union of Bricklayers and Allied Craftworkers

Johns Manville Corp.

Lincare Holdings Inc.

LinkedIn Corp.

Mercedes-Benz USA LLC

Merck & Co. Inc.

Morningstar, Inc.

National Organization for the Reform of Marijuana Laws

National Rifle Association of America

Pacific Premier Bancorp Inc.

Pfizer Inc.

Purdue Pharma LP

Regents of the University of California

Riverview Bancorp Inc.

Space Exploration Technologies Corp.

Tesla Inc.

Teva Pharmaceutical Industries Ltd.

Vertex Pharmaceuticals Inc.

LAW FIRMS IN TODAY'S NEWS

Akin Gump

Arnold & Porter

Atheria Law

Atkinson Andelson

Baker Botts

Baker Donelson

Bass Berry

Berger Montague

Berry Appleman

Best Best & Krieger

Boies Schiller

Bookoff McAndrews

Brown Readdick

Buchalter APC

Buckley LLP

Cahill Gordon

Carlton Fields

Carmody Torrance

Chamberlain Hrdlicka

Clark Hill

Cleary Gottlieb

Coburn & Greenbaum

Consovoy McCarthy

Continental PLLC

Cooley LLP

Cravath Swaine

Crowell & Moring

Cuneo Gilbert

David G. Hill & Associates

Davis & Wright

Davis Wright Tremaine LLP

Diaz Reus

Ellis George LLP

Esler Stephens

Esner Chang

Faegre Drinker

Farella Braun

Finger & Slanina

Finnegan

Fragomen Del Rey

Freed Kanner

Fullerton Beck

Gibbons PC

Glancy Prongay

Grant & Eisenhofer

Gross Klein

Hogan Lovells

Holland & Knight

Ionno & Higbee

Irell & Manella

Jenner & Block

Jones Day

Jones Walker

Kasowitz Benson

Keker Van Nest & Peters

Kershaw Talley

Knobbe Martens

Kudman Trachten

Larkins Vacura

Law Offices of Daniel Weltin

Livingston Adler

Lozano Smith

Manatt Phelps

Manning & Kass

McDermott Will & Emery

Morningstar Law Group

Morrison Foerster

Munger Tolles

Nelson Mullins

Nossaman LLP

Orrick Herrington

Paternoster Farnell

Paul Hastings

Pearson Warshaw

Perkins Coie

Riley Safer

Roig Lawyers

Ropes & Gray

Saveri & Saveri

Schneider Wallace

Seed IP

Shutts & Bowen

Squire Patton

Sterne Kessler

Stoll Berne

Summit Law Group

Testa Heck

The Law Firm of Cesar de Castro

Tostrud Law Group

Trammell PC

Venable LLP

Waymaker LLP

Welsh & Recker

White & Case

Willkie Farr

WilmerHale

Wilson Sonsini

Withersworldwide

Wong Fleming

Zuber Lawler

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Supreme Court

Centers for Medicare & Medicaid Services

Consumer Financial Protection Bureau

Equal Employment Opportunity Commission

Federal Bureau of Investigation

Federal Communications Commission

Federal Reserve System

Federal Trade Commission

Food and Drug Administration

National Labor Relations Board

New York State Senate

Office of the Comptroller of the Currency

U.S. Attorney's Office for the Eastern District of Pennsylvania

U.S. Attorney's Office for the Southern District of Georgia

U.S. Attorney's Office for the Southern District of New York

U.S. Civilian Board of Contract Appeals

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Department of the Treasury

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

U.S. District Court for the District of Connecticut

U.S. District Court for the District of Idaho

U.S. District Court for the District of Oregon

U.S. District Court for the Eastern District of Pennsylvania

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

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

U.S. District Court for the Southern District of Florida

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

U.S. Environmental Protection Agency

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the Southern District of Georgia

World Health Organization