Above the Law
Posts by Above the Law
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Government, Health Care / Medicine
FTC Seeks More Information On The $16.5B Novo-Catalent Deal, Leading To Another Delay
Just weeks after Novo decided to resubmit its application to the FTC, the agency is seeking more information about the deal. This move has triggered a second 30-day delay in the antitrust review process. - Sponsored
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Morning Docket
Morning Docket: 05.09.24
* Rudy Giuliani says he’s broke, so why not return to making defamatory statements? [Bloomberg Law News]
* Shohei Ohtani’s former interpreter pleading guilty. What are the odds he avoids prison? Seriously, he’s probably looking for some action on that. [Law360]
* Co-founder of Panama Papers law firm has died while awaiting sentencing. [Barron’s]
* When it comes to the Constitution, instead of looking to the past, consider looking inside. [Slate]
* Another day, another criminal charge for Trump supporters attempting to breach voting machines. [Reuters]
* Forum shopping perfected. [Bloomberg Law News]
* ALM Staff discuss the new ranking. [American Lawyer]
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Morning Docket
Morning Docket: 05.08.24
* Aileen Cannon delays classified documents case indefinitely due to the overwhelming volume of motions that only exist because she’s refused to resolve them. [CNN]
* Columbia Law School still feels good about its graduates despite clerkship boycott from 13 conservative judges. Hey, as long as Columbia grads understand how to perform basic legal research they’re still a leg up on the judges themselves. [Reuters]
* Am Law Second Hundred trailed “in almost every financial metric” which sounds bad until you remember that this is kind of integral to how a ranking works. [American Lawyer]
* The history of the ahistorical… explaining the rise of originalism. [Slate]
* Lawyer says federal judge “pushed him and challenged him to a fight.” [ABA Journal]
* TikTok challenges constitutionality of divestment bill. [Law360]
* S&C pledges “vigilant” hiring checks based on campus protests implying they’ve had a lackadaisical approach to hiring until now. [Bloomberg Law News]
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Biglaw, Technology
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Business intelligence at law firms is important — and all over the map. Tell us about yours and get a chance at a $250 gift card. -
Health Care / Medicine
Stark Law Crackdown Jacks Up Fines, Settlements, And Physician Pressures
Is a widened enforcement net squeezing physicians unfairly? That’s the belief of one high-profile author and health policy expert. -
Morning Docket
Morning Docket: 05.07.24
* Trump making fist pumps from the defense table… another display of his team’s crackerjack coaching! [Yahoo]
* Biglaw brings in coaching to support attorneys with ADHD. Just remember to bill any time with the counselors in 6 minute increments with code 9000-020. [ABA Journal]
* Ninth Circuit to hear case that blocked Idaho’s “abortion trafficking” law. Turns out states with tough regulations can’t control the situation when neighboring states have more lax restrictions. You’d think this would be a lesson in why “Chicago has tough gun laws but there’s gun violence all the time” is a disingenuous argument but that requires an unheard of level of good faith. [Reuters]
* Biglaw office gets modern with giant common gathering space and game rooms. [American Lawyer]
* Wishful thinking? Lawyers expecting Supreme Court to leave semblance of Chevron intact. [Bloomberg Law News]
* Resistance to “return-to-office” mandates head to court. [Washington Post]
* The Times is asking attorneys for feedback on their use of AI. Help out their research… it helps the Times devote coverage space to something besides the “Joe Biden so old…” jokes that make up roughly 90 percent of the paper. [New York Times]
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Courts
Lockheed, Howmet Settle Lawsuit Over F-35 Titanium
Lockheed Martin alleged in court filings that Howmet cut off the supply of titanium after the aerospace giant refused to agree to higher prices, threatening production of the F-35. - Sponsored
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Finance, Health Care / Medicine
Q1 Was Pretty Good For Hospital Finance — But It’s Unclear If It Will Stay That Way
Hospitals’ operating margins and patient volumes dropped slightly in March. While hospitals were doing relatively well financially during the first quarter of the year, this new data could suggest more financial challenges ahead for hospitals. But right now, it’s unclear whether the recent declines in hospitals’ margins and volumes will be short- or long-term. -
Morning Docket
Morning Docket: 05.06.24
* You can’t litigate your way into the Kentucky Derby. Sure but can you get in with a sweet legal concept for a name? [ABA Journal]
* Steven Calabresi is back banging out bizarre legal theories faster than Kendrick posts diss tracks. His latest suggests that hush money can’t be a crime because of the First Amendment which, as an actual expert explains here, is not true. [Election Law Blog]
* Congress can’t take bribes… that’s just for the Supreme Court, you fool! [Law360]
* Davis Polk planning to poke rivals in the eye as it leans into lateral recruiting. [Bloomberg Law News]
* Trump attorneys citing breakdown in client relationship told they still can’t leave the case without more. [CNBC]
* RNC chief counsel gig is open. Again. [NBC News]
* Lawyer’s license suspended after six-figures of client funds disappear. [Yahoo]
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Morning Docket
Morning Docket: 05.03.24
* Trump claims the gag order prevents him from testifying. So now Justice Merchan is going to have to the comically uncomfortable conversation asking if he thought he could lie about the court or if his elite white-collar lawyers have provided woefully ineffective assistance. [CNN]
* “The antitrust laws are not designed to ensure competitive markets,” declared the closing in Google’s antitrust case. Up is also down and we’ve always been at war with with Eastasia. [Bloomberg]
* Greenberg Traurig sues student group claiming that its speech activities against the war in Gaza amounts to “substantial assistance to a Foreign Terrorist Organization and its allies.” That, um, is not how the First Amendment works. [Fox News]
* Senior lawyer posts video of himself hiking naked through the forest. I’ve changed my mind, maybe it is time to ban TikTok. [Roll on Friday]
* Who will regulate AI? What about the CFTC? The answer, of course, will be “nobody” after the Supreme Court strikes down Chevron but for now androids can dream of electric enforcement actions. [Law360]
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Health Care / Medicine
Healthcare Is A Frontier Not Even Walmart Could Conquer — And It’s Not Looking Great For Others Either
Walmart’s decision to shutter its healthcare division reflects just how difficult it is to achieve profitability in the primary care and telehealth markets. Experts think retailers simply aren’t prepared to handle the bevy of challenges that come along with delivering healthcare — but could this news also be a sign of the system being broken? -
Morning Docket
Morning Docket: 05.02.24
* More contempt fines on the table today in Trump trial. If only he could pay someone to catch-and-kill his Truth Social posts before he makes them! [Reuters]
* Larry Lessig explains why the Trump immunity arguments make no sense. [Rolling Stone]
* Bankruptcy firm files for bankruptcy. [Star Tribune]
* Data breach suit against ABA tossed. [ABA Journal]
* Acting Labor Secretary argues that the refusal to confirm her doesn’t prevent the whole department from functioning. [Law360]
* John Eastman asked to get his license suspension put on hold. After judge’s eyes bugged out at the gall… the request was denied. [Bloomberg Law News]
* Anna Delvey’s former lawyer is not having a good time these days. [Daily Beast]
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Biglaw, Technology
Frankensystem Or Optimized Solution? We Want To Benchmark Your BI
Business intelligence at law firms is important — and all over the map. Tell us about yours and get a chance at a $250 gift card. -
Small Law Firms, Sponsored Content, Technology
The Secrets Of Small Firm Success
Read on for some specific, actionable ways to ensure clients continue to come in the door. -
Morning Docket
Morning Docket: 05.01.24
* Good morning, for the first time, to A&O Sherman! [American Lawyer]
* The story of the judge who was living with an attorney representing clients in his courtroom was crazy, but now it seems multiple other judges knew about the relationship and kept it under wraps for years. [Bloomberg Law News]
* Harvey Weinstein heads back to court. [Reuters]
* Former general counsel collected $54 million without filing taxes. [ABA Journal]
* Another crypto executive heading to prison. [Law360]
* Suspended lawyer decided to just keep practicing anyway. How’s that working out? [LegalCheek]
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Fashion
One Week Ahead Of The Met Gala, Condé Nast Employees Threaten To Strike
'It's up to management to decide what happens next.' -
Government, Health Care / Medicine
FTC Chief Says Tech Advancements Risk Healthcare Price Fixing
Algorithms make it possible for companies to fix prices without explicitly coordinating with one another, posing a new test for regulators policing the market, said Lina Khan, chair of the Federal Trade Commission, during a media event hosted by KFF.