Deals & Corporate Governance

  • April 22, 2025

    This Week's Payor Earnings: UnitedHealthcare, Elevance

    Healthcare payors posted mixed earnings this past week, with UnitedHealthcare signaling a tough quarter full of headwinds, while Elevance fared better despite similar challenges.

  • April 22, 2025

    Judge Approves Prospect Medical's Pa. Hospitals' Closure 

    A Texas bankruptcy judge on Tuesday approved Prospect Medical Holdings' request to close two Pennsylvania hospitals after the bankrupt operator was unable to secure another entity to run the hospitals despite support from government and community organizations to keep them open.

  • April 22, 2025

    Tivity Health Denied Win In Suit Over Nutrisystem Buy

    Health program company Tivity Health was largely denied a summary judgment win over investors who sued the company over its troubled $1.3 billion purchase of Nutrisystem, according to an order from a Tennessee federal judge who ruled Tivity's duty to disclose certain information is still debatable.

  • April 22, 2025

    J&J Ends Trade Secrets Suit Against Now Deceased Ex-Exec

    Johnson & Johnson has reached a settlement with the estate of a former executive that it accused of stealing confidential files when he left the company to work for Pfizer, but who died in the middle of the litigation, the parties told a New Jersey federal court.

  • April 21, 2025

    Sun Pharma Accuses Drugstores Of $10M Refund Scheme

    Sun Pharmaceutical Industries Inc. told a New Jersey federal court that a group of pharmacies and their operators engaged in a criminal, years-long racketeering scheme that resulted in it paying more than $10 million in refunds for short-dated pharmaceutical products.

  • April 18, 2025

    PBMs Press 8th Circ. Bid To Pause FTC Case

    The nation's "Big Three" pharmacy benefit managers are asking the Eighth Circuit to pause the Federal Trade Commission's in-house insulin price-fixing case against them, saying that their constitutional challenge to the commission's administrative proceeding process should be fully heard before the in-house case moves forward.

  • April 17, 2025

    Incyte Can Get Novartis' Privileged Info On Drug Royalty Deal

    Novartis must produce certain privileged documents to Incyte concerning its understanding of their contract for royalty payments from sales of Incyte's blood cancer drug, unless Novartis agrees its former outside counsel, who negotiated the terms, won't testify about that topic at the upcoming contract breach trial, a New York federal judge said Thursday.

  • April 17, 2025

    NC Hospital Operator Can't Escape AG's Merger Suit Yet

    A North Carolina Business Court judge rejected HCA Healthcare's bid for a partial win in state Attorney General Jeff Jackson's compliance suit reviewing the company's 2019 purchase of another hospital system, ruling that the purchase agreement's language is too ambiguous to decide the matter without further discovery.

  • April 17, 2025

    Zenas BioPharma Faces Investor Suit Over Post-IPO Plunge

    Autoimmune disease therapeutics company Zenas BioPharma Inc. was hit with a proposed shareholder class action alleging that its registration statement for its September 2024 initial public offering overstated the amount of time that the company could fund its operations using existing cash and expected net proceeds from the offering.

  • April 16, 2025

    DexCom Execs Sued For Allegedly Misleading Growth Claims

    Executives and directors of glucose monitor manufacturer DexCom Inc. have been hit with a derivative suit alleging that they concealed from investors that DexCom struggled to maintain a sales force that could keep up with growing demand following a Medicare policy expansion.

  • April 15, 2025

    9th Circ. Told Oregon Hospital Merger Law Flouts Due Process

    A hospital trade group urged the Ninth Circuit on Monday to block an Oregon law allowing the Oregon Health Authority to review proposed healthcare business consolidations, arguing the law is "unconstitutionally vague" and bestows unlimited power on the agency to block healthcare transactions in the state.

  • April 15, 2025

    McGuireWoods Immune From Defamation Case, NC Panel Told

    McGuireWoods LLP and a former partner have told a North Carolina state appeals court that they have absolute privilege over allegedly defamatory statements made in connection with an investigation into the former CEO of a managed care organization, arguing that the trial court should have granted them a pretrial win.

  • April 15, 2025

    Kirkland-Led Linden Wraps $5.4B Healthcare-Focused Fund

    Healthcare-focused private equity shop Linden Capital Partners, advised by Kirkland & Ellis LLP, on Tuesday announced that it clinched its sixth fund with $5.4 billion of capital commitments.

  • April 11, 2025

    CFPB To Pull Medical Debt Opinion, May Ax Nonbank Registry

    The Consumer Financial Protection Bureau said Friday that it will scrap recent guidance aimed at reining in medical debt collectors and may close out its new national nonbank enforcement registry, extending the agency's pullback from its Biden-era policies.

  • April 11, 2025

    Dentsply Brass Face Investor Suit Over Alleged Dental Injuries

    Executives and directors of dental supply manufacturing company Dentsply Sirona Inc. have been hit with a derivative suit alleging they concealed that a company subsidiary was approving unsuitable patients for dental treatments to inflate sales figures.

  • April 11, 2025

    NC AG Can't Shield Most Merger Review Docs, Judge Holds

    The North Carolina Attorney General's Office can't shield a host of internal records pertaining to its review of a 2019 hospital merger at the center of a compliance case, a state court judge has said, finding "only a few" records constitute protected attorney-client communications or work product.

  • April 11, 2025

    Aurinia Sues Lotus Alleging Lupus Drug Patent Infringement

    Kidney-focused biotech Aurinia Pharmaceuticals Inc. on Friday launched a lawsuit in New Jersey federal court claiming that Lotus Pharmaceutical Co. Ltd.'s bid to sell a generic form of Aurinia's lupus nephritis treatment Lupkynis infringes a pair of patents.

  • April 11, 2025

    5th Circ. Revives Unfair Competition Fight Over Arthritis Drug

    The Fifth Circuit has revived Zyla Life Sciences LLC's lawsuit seeking to block Texas rival Wells Pharma from selling rheumatoid arthritis drug suppositories that aren't U.S. Food and Drug Administration-approved, rejecting Wells Pharma's argument that Zyla's state claims are preempted under federal law and noting that finding otherwise would have "staggering" implications.

  • April 11, 2025

    Future Pak Goes Public With $255M Theratechnologies Bid

    Pharmaceutical manufacturer and packager Future Pak LLC, advised by Honigman LLP, on Friday publicly unveiled its proposal to acquire pharmaceutical company Theratechnologies Inc. for up to $255 million, a move that comes after Future Pak has received "minimal engagement" from the other company.

  • April 08, 2025

    Iowa Hospital's Decline Gets Close Look In Bankruptcy Case

    The former operator of a now-bankrupt Iowa hospital is facing scrutiny over allegations the hospital suffered massive operating losses while paying some $9 million to the operator in fees in the years before its financial collapse.

  • April 08, 2025

    Healthcare IPOs Take Another Hit Amid Trump Tariff War

    Hopes for an improving healthcare public market all but vanished after a sweeping tariffs announcement from Washington set off a wave of market volatility.

  • April 08, 2025

    Pacira Reaches IP Deal Allowing Generic Painkiller In 2030

    Pacira BioSciences has agreed to settle a series of patent infringement lawsuits against Fresenius Kabi and other pharmaceutical companies over Pacira's drug Exparel, a long-acting injectable for managing postsurgical pain.

  • April 08, 2025

    Hospital Operator Gets 'Burdensome' Antitrust Info Bid Pared

    A North Carolina federal judge has pared HCA Healthcare Inc.'s subpoenas to a hospital network in a consolidated antitrust case accusing it of hiking Tar Heel State public employees' health insurance costs, putting a two-hour time limit on the depositions it sought and cutting three years of requested information.

  • April 08, 2025

    Facing Private Equity Pressures, Doctors Head Back To School

    As private equity continues to reach into the healthcare space, some doctors are joining physician-focused MBA programs, honing new skills to better compete in a rapidly changing business.

  • April 08, 2025

    Longtime Cooley Life Sciences Ace Jumps To Wilson Sonsini

    Wilson Sonsini Goodrich & Rosati PC has hired a former Cooley LLP partner for its corporate department to strengthen the services offered by its life sciences practice, it announced on Tuesday.

Expert Analysis

  • Issues To Watch At ABA's Antitrust Spring Meeting

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    Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.

  • Reviewing Calif. Push To Restrict Private Equity In Healthcare

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    A recent proposed bill in California aims to broaden the state's existing corporate practice of medicine restrictions, so investors must ensure that there is clear delineation between private equity investment in practice management and physicians' clinical decision-making, say attorneys at Debevoise.

  • China High Court Ruling Could Encourage Antitrust Litigation

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    Practitioners defending U.S. companies in China should take note of a Chinese Supreme Court ruling that plaintiffs can file suits based on either where the alleged action, or where the result of such action, occurred — which will promote civil litigation by minimizing procedural battles over forum selection, says Yang Yang at Leaqual Law Firm.

  • Recent Cases Clarify FCA Kickback Pleading Standards

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    Two recently resolved cases involving pharmaceutical manufacturers may make it more difficult for False Claims Act defendants facing kickback scheme allegations to get claims dismissed for lack of evidence, say Li Yu at Bernstein Litowitz, Ellen London at London & Noar, and Gregg Shapiro at Gregg Shapiro Law.

  • Antitrust Analysis In Iowa Pathologist Case Misses The Mark

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    An Iowa federal court erred in its recent decision in Goldfinch Laboratory v. Iowa Pathology Associates by focusing exclusively on market impacts and sidestepping key questions that should be central to antitrust standing analysis, says Daniel Graulich at Baker McKenzie.

  • Assessing PE Risk After Mass. False Claims Act Amendments

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    A law recently passed in Massachusetts amends the commonwealth's False Claims Act by dramatically expanding potential liability for private equity firms and investors, underscoring the importance of robust diligence and risk assessments for private equity firms conducting transactions in the commonwealth, say attorneys at Gibson Dunn.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • Top 10 Healthcare And Life Sciences Issues To Watch In 2025

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    Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.

  • 2024 IPO Market Trends, And What To Expect Next Year

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    The initial public offering market returned to historically typical levels on a deal count basis in 2024 but continued to lag based on proceeds raised due to a larger number of smaller IPOs this year, and signs point to continued ongoing momentum in the next year, say attorneys at Paul Hastings.

  • Inside The Appeals Board's 2024 Report To Congress

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    An in-depth examination of the Armed Services Board of Contract Appeals’ annual report reveals ​a continuing decline in new cases, motions and hearings, a trend that may correspond with ​t​he increased use of alternative dispute resolution, and expedited or accelerated proceedings, say attorneys at Miller & Chevalier.

  • Expect More State Scrutiny Of PE In Healthcare M&A

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    While a California bill that called for increased antitrust scrutiny of many healthcare private equity transactions was recently vetoed by the governor, state legislatures are likely to continue introducing similar laws, particularly if the Trump administration eases federal enforcement, say attorneys at Morgan Lewis.

  • Cos. Should Inventory Issues To Prep For New Congress

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    As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.

  • Next Steps In The $2.8B Blue Cross Payout To Providers

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    Healthcare providers deciding whether to participate in Blue Cross Blue Shield network's recent $2.8 billion antitrust class action settlement must weigh key recovery factors, including provider type and litigation cost, say attorneys at Hall Render.