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Plus, Congressional efforts to mandate workplace retirement savings worries the industry, PFAS blood tests lack insurance coverage, and federal records show unions gained members last year. Listen Composing newsletter audio... Print/Download All Articles The Brief – Top News of the Day From Bloomberg Law Monday, April 10, 2023 Inside: Editor's Picks Insights DRUG MANUFACTURER DANCO LABORATORIES is weighing label changes that could help ensure health care providers can continue to prescribe mifepristone in the face of efforts to restrict abortion access, Jeannie Baumann and Celine Castronuovo report. * Dueling orders issued last week by a pair of federal district court judges have called into question the legal status of mifepristone, which is used in almost all medication abortions in the US. * Mifepristone is already widely prescribed off label as part of a regimen to manage miscarriages, and there is published research supporting its effectiveness. Danco, which markets the drug under the brand name Mifeprex, confirmed Monday that it is open to adding miscarriage as an official use on its label. * Appeal Underway: Danco also said Monday that it is heading to the Fifth Circuit to fight Judge Matthew Kacsmaryk’s order that the Food and Drug Administration suspend its decades-old approval of mifepristone. If that move proves unsuccessful, either the company or the Biden administration will likely go to the US Supreme Court, Hogan Lovells partner Jessica Ellsworth told reporters. Read More * The Biden administration on Monday asked a federal district court judge in Washington to explain how the FDA can comply with his order preserving mifepristone access in light of the Kacsmaryk ruling out of Texas, Madlin Mekelburg reports. Read More * Blue State Response: Massachusetts Gov. Maura Healey announced Monday that she instructed the University of Massachusetts Amherst to stockpile enough mifepristone to ensure people can access it for at least a year, Allie Reed reports. Read More A FEDERAL BILL to create guaranteed workplace retirement savings has some in the industry concerned even as more states are passing laws to cover workers who lack access to 401(k)s, Austin R. Ramsey reports. * Nearly half of working-age US adults lack access to retirement savings benefits at work. Members of Congress are preparing to reintroduce legislation to set up a federally-sponsored auto-IRA that matches worker contributions with Treasury-backed funds. * The $14.8 trillion workplace savings industry wouldn’t be able to compete with Congress’ ability to print money and set, maintain and potentially change benefits law, critics say. “If the government is going to be subsidizing people participating” nothing stops an employer from ending its own program, said Brian Graff, CEO of the American Retirement Association. Read More PFAS BLOOD TESTS can help doctors and patients manage risks for those with significant exposure, but the tests aren’t generally covered by insurance and can cost up to $600, Pat Rizzuto and Dean Scott report. * “Patients with high levels of PFAS, have a higher risk of certain diseases,” including increased cholesterol and certain cancers, said Rachel Criswell, a primary care physician with Redington-Fairview General Hospital in Skowhegan, Maine. New Hampshire and Maine have led state efforts to mandate insurance coverage, and a nationwide insurance mandate is gaining traction at the federal level. * Having insurance pay for blood tests could increase the number of lawsuits plaintiffs file and the damage claims they make, said John Gardella, a shareholder focused on PFAS policies at CMBG3 Law LLC. * But expanding PFAS testing won’t necessarily be a game changer for plaintiffs, said Thomas B. Alleman, an attorney and director of Dykema Gossett PLLC’s Insurance Industry Group. “For a toxic tort suit to be successful, the plaintiffs have to prove both general causation and specific causation,” he said. Read More EDITOR'S PICKS Deep Dive J&J TALC SUITS’ OUTSIDE FUNDERS UNVEILED VIA LITTLE-USED NJ RULE The sweeping lawsuits against Johnson & Johnson over talc products got a boost from at least two outside litigation funders, which have invested in hundreds of claims in exchange for a portion of any winnings. Read More Deep Dive LONG COVID HELP GETS FUNDING PUSH FROM BIDEN HHS, LAWMAKERS Hundreds of millions of dollars would go toward efforts to diagnose and treat people suffering long-term Covid symptoms under funding plans put forth by the Biden administration and lawmakers. Read More MEDICARE DRUG PRICE TALKS COULD DRIVE MORE PATIENT-REPORTED DATA Documents Attached Medicare’s drug price negotiations could advance broader use of the patient experience into drug development if there’s more clarity on what to submit and the level of impact it will have. Read More FLORIDA ARGUES ‘UNPROVEN’ TRANSGENDER CARE BARRED FROM MEDICAID Documents Attached Current medical consensus supports the conclusion that gender dysphoria treatments are experimental and can be excluded from Medicaid coverage, Florida’s health-care agency told a federal court. Read More ANALYSIS: CHAPTER 11 MEGACASES MOUNT AS DELAWARE STAYS DOMINANT Chapter 11 megacase filings got off to a fast start in US federal bankruptcy courts this year, with Delaware remaining the leading venue for megacase petitions. Read More FHLB DEBT ISSUANCE PLUNGES IN SIGNAL OF EASING US BANK CRISIS The Federal Home Loan Bank system issued $37 billion in debt in the last week of March, a sharp drop-off from the $304 billion two weeks earlier, according to a person familiar with the matter. That plunge from an all-time peak earlier in the month is an early sign that the banking crisis has started to subside. Read More UNIONS REPORT KEY MEMBERSHIP GAINS IN 2022, FEDERAL FORMS SHOW AMID A TIGHT LABOR market and growing worker dissatisfaction, several large US unions saw double-digit growth in 2022, Ian Kullgren reports. * There was a collective net membership increase of 3% among the more than 50 groups that filed disclosures in the past month. Read More WHAT THE LEAKED PAUL HASTINGS ASSOCIATE 'GUIDE' COULD HAVE SAID Big Law’s competitive, client-driven pace is no secret, but a training slide leaked last week from a senior Paul Hastings associate revealed an unvarnished take on performance expectations, such as to be “‘online’ 24/7" and deliver work “perfectly” and “yesterday.” Plus, “‘I don’t know’ is never an acceptable answer.” In response, Hogan Lovells’ Sean Marotta delivers a more measured version of this guidance to Big Law associates. His take aims to set clear expectations, more diplomatically: “Attention to detail and meeting deadlines matter,” and “Take ownership of everything that you do.” Read More INSIGHTS PERSPECTIVES FROM LEGAL PRACTITIONERS, LAW PROFESSORS AND OTHER THOUGHT LEADERS OUTBOUND INVESTMENT REVIEW SWIFTLY TAKES SHAPE AMID CHINA WORRIES By Stephenie Gosnell Handler, Annie Motto, and Chris Mullen of Gibson Dunn As information trickles out about how the government will implement an outbound investment review program or “reverse CFIUS,” Gibson Dunn attorneys Stephenie Gosnell Handler, Annie Motto, and Chris Mullen say the program should be narrowly tailored to critical technologies used in national security. Read More THE BANKING SYSTEM NEEDS WHOLESALE REFORM, NOT BIDEN’S PROPOSAL By Yasho Lahiri of Kramer Levin Kramer Levin partner Yasho Lahiri reviews President Joe Biden’s recent proposal for addressing holes in the US banking system, contending that deeper systemic reform is needed across agencies to prevent collapses from happening in the future. Read More STATES START TO REGULATE AI-BASED HIRING WITHOUT FEDERAL GUIDANCE By Paul Daugherity, Bruce Liebman, and Kevin Yombor of Kaufman, Dolowich & Voluck States are moving to regulate use of artificial intelligence to prevent bias and ensure applicants’ consent, while the federal government has been sluggish about issuing guidance, Paul Daugherity, Bruce Liebman, and Kevin Yombor of Kaufman, Dolowich & Voluck say. Read More SUBSCRIBE Was this newsletter forwarded to you? 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