Chart displays drug prices

FTC Pharma Settlement Furthers Drug Pricing Priorities

The FTC has used an enforcement action against pharmacy benefit manager Express Scripts to help implement the Trump administration’s TrumpRx program to lower drug costs. Whether this—and promises to drug makers to reduce tariffs for lower drug costs—is a formula for long-term success remains to be seen.

Chancery Ruling Could Encourage Toxic Culture Cleanup

A recent Delaware Chancery Court opinion took aim at toxic corporate culture, potentially encouraging internal company reform and expanding the universe of Caremark litigation.

AI Washing Meets ‘Short-and-Distort’

As the SEC becomes less likely to pursue AI-washing claims, enforcement will primarily be through the market, and the temptation to sue the activist shorts is strong; however, these suits are rarely successful.

Post-CASA, Class Injunctions Face Heavy Burdens

The Eighth Circuit’s stay ruling in Tincher v. Noem makes several statements about injunctive relief and class certification that highlight rocky developments since the Supreme Court barred most nationwide injunctions in Trump v CASA. Increasingly, appellate stays of district court injunctions shape the lives of litigants for the long haul.

When a Criminal Indictment Disrupts Chapter 11

In some bankruptcy cases, the heightened transparency, fiduciary-driven investigations, and centralized records expose pre-petition conduct to heightened scrutiny. While alleged misconduct creates uncertainty in a system that relies on set timelines and goals, practices can anticipate some near certainties as strategic financial recalibration intersects with criminal enforcement.

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ANALYSIS: History Drives Major Questions Query in Tariff Case

The US Supreme Court’s tariff ruling emphasized the major questions doctrine’s “unheralded” and “transformative” factors, which consider historical practice. There was disagreement, though, on when to apply these factors in a major questions analysis, making it tougher for the lower courts to apply the doctrine consistently going forward.

ANALYSIS: AI-as-a-Service and the Future of Tech Transactions

Artificial Intelligence-as-a-Service is reshaping commercial transactions, raising new legal questions for counsel advising on technology contracts, compliance, and governance. Here’s what lawyers need to know about AIaaS: its origins, how it differs from other cloud models, what contracting looks like today, and where it may be headed.

ANALYSIS: FTC Pharma Settlement Furthers Drug Pricing Priorities

The FTC has used an enforcement action against pharmacy benefit manager Express Scripts to help implement the Trump administration’s TrumpRx program to lower drug costs. Whether this—and promises to drug makers to reduce tariffs for lower drug costs—is a formula for long-term success remains to be seen.

ANALYSIS: When a Criminal Indictment Disrupts Chapter 11

In some bankruptcy cases, the heightened transparency, fiduciary-driven investigations, and centralized records expose pre-petition conduct to heightened scrutiny. While alleged misconduct creates uncertainty in a system that relies on set timelines and goals, practices can anticipate some near certainties as strategic financial recalibration intersects with criminal enforcement.

ANALYSIS: AI Washing Meets ‘Short-and-Distort’

As the SEC becomes less likely to pursue AI-washing claims, enforcement will primarily be through the market, and the temptation to sue the activist shorts is strong; however, these suits are rarely successful.

ANALYSIS: Post-CASA, Class Injunctions Face Heavy Burdens

The Eighth Circuit’s stay ruling in Tincher v. Noem makes several statements about injunctive relief and class certification that highlight rocky developments since the Supreme Court barred most nationwide injunctions in Trump v CASA. Increasingly, appellate stays of district court injunctions shape the lives of litigants for the long haul.

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