• October 6, 2015

    Ark. Asks High Court To Eye Abortion Law's Constitutionality

    After losing in both district and appeals courts, Arkansas asked the U.S. Supreme Court on Tuesday to decide whether its ban on abortions after 12 weeks gestation is constitutional, arguing that current laws are outdated and that women will be able to turn unwanted children over to the state.

  • October 6, 2015

    Celgene Can’t Limit Claims In FCA Off-Label Marketing Row

    A California federal judge on Tuesday denied a bid made by Celgene Corp. to halve the time period covered by a whistleblower’s False Claims Act suit over alleged off-label marketing of cancer drugs Thalomid and Revlimid and related kickbacks to doctors.

  • October 6, 2015

    High Court Won't Stay DOL Wage Rule For Home Care Workers

    The U.S. Supreme Court on Tuesday refused to stay the D.C. Circuit's recent revival of a U.S. Department of Labor rule extending Fair Labor Standards Act protections to most home care workers, paving the path for them to qualify for minimum wages and overtime.

  • October 6, 2015

    Planned Parenthood Looks To Add Class In Ark. Medicaid Suit

    Planned Parenthood filed Monday for class certification for all Medicaid patients who are seeking its services in Arkansas, the latest move in its bid to reinstate Medicaid payments amid an abortion video scandal that spurred the governor to declare the organization does not represent Arkansas’ values.

  • October 6, 2015

    Doctors, AGs Rally Behind Texas Abortion Law Challenge

    A slew of medical and public health organizations, attorneys general and legal scholars urged the U.S. Supreme Court to review the constitutionality of a suspended and controversial Texas abortion law, saying Tuesday that protecting women's rights and public health requires intervention.

  • October 6, 2015

    GOP Senators Want HHS To Look Into Fetal Tissue Research

    Sen. Rand Paul and 34 other Republican senators on Tuesday sent a letter to the U.S. Department of Health and Human Services asking that the inspector general conduct a full audit of all fetal tissue research that is funded or supported by the department.

  • October 6, 2015

    Chiropractic Clinics Tried To Defraud Geico, Suit Says

    Geico sued a Massachusetts chiropractic and sports injury clinic and related entities Monday in federal court, claiming they’d concocted a scheme to defraud the company out of up to $1.1 million by overbilling for insurance payments and paying kickbacks to patients for cooperating with the scheme.

  • October 6, 2015

    Retired Union Rep’s Vote Voids Benefits Award, Airline Says

    Spirit Airlines urged the Sixth Circuit on Monday to overturn an arbitration award that will give domestic partners of flight attendants access to the same range of health plans available to married spouses, arguing that the neutral arbitrator in the dispute improperly allowed a retired union representative to vote on it.

  • October 6, 2015

    5th Circ. Shouldn't Rehear Toe Implant Fight, Patient Says

    A man who sued Stryker Corp. after his toe implants broke urged the Fifth Circuit on Monday to stand by its 2-1 ruling sending the claims to state court and to ignore the manufacturer's argument that the ruling encourages abuse of the Louisiana Medical Malpractice Act.

  • October 6, 2015

    UPMC Says It Can End Highmark Medicare Coverage

    The University of Pittsburgh Medical Center is not obligated to provide in-network coverage to Highmark Inc.’s Medicare Advantage plan members, the hospital's counsel told the Pennsylvania Supreme Court on Tuesday, arguing that a lower court misinterpreted a deal the state brokered.

  • October 6, 2015

    Husch Blackwell On Hook In Client's Fraud, Investors Say

    Investors defended their $625 million suit accusing Husch Blackwell LLP of operating a racketeering scheme to conceal a client’s $1.35 million health sector fraud, asserting Monday the suit is not an attempt to hold Husch accountable for its client's crimes.

  • October 6, 2015

    BCBS Blasts 'Hyperbolic' Reply To Its Carlton Fields DQ Bid

    BlueCross BlueShield of Tennessee Inc. on Monday slammed another insurer’s attempt to prevent the disqualification of its counsel at Carlton Fields Jorden Burt PA in a dispute over multidistrict antitrust litigation liability, saying the insurer’s supplemental brief was improperly filed and is “filled with hyperboles.”

  • October 6, 2015

    Cravath Steers Amerisource In $2.6B Deal For PharMEDium

    Pharmaceutical distribution giant AmerisourceBergen on Tuesday said it would look to expand its outsourcing business by purchasing compounded sterile preparation provider PharMEDium for $2.575 billion in cash from its private equity backers, in a deal guided by Cravath Swaine & Moore LLP.

  • October 5, 2015

    NJ Senators Call For AG Probe Of Horizon Tiered Plans

    New Jersey lawmakers on Monday called on the state Attorney General to investigate Horizon's plans for a new tiered coverage program and establish a permanent oversight mechanism to ensure its transparency, which they argue has been sorely lacking.

  • October 5, 2015

    Texas Tells High Court To Leave Abortion Ruling Intact

    Texas Attorney General Ken Paxton has asked the U.S. Supreme Court to uphold a Fifth Circuit ruling on a 2013 state law he claims is designed to protect the health and welfare of Texas women, but which opponents claim is meant to stifle access to abortion procedures, according to a brief made available Monday.

  • October 5, 2015

    Feds Unveil HIPAA Portal For Medical App Makers

    The Obama administration on Monday unveiled an online portal to receive questions from developers of mobile medical apps about compliance with the Health Insurance Portability and Accountability Act, a notable effort to strengthen privacy in the booming digital space, experts say.

  • October 5, 2015

    Supreme Court Won't Hear Tenn. Hospital's FCA Appeal

    The U.S. Supreme Court on Monday refused to take up a Tennessee hospital's bid to reverse a Sixth Circuit ruling that an administrative audit did not constitute the public disclosure needed to kill a False Claims Act suit accusing the hospital of fraudulent Medicare and Medicaid reimbursements.

  • October 5, 2015

    USAA Skimped On MedPay Reimbursements, Class Suit Says

    A chiropractic clinic has filed a putative class action alleging United Services Automobile Association broke so-called MedPay automobile insurance contracts by using an alternative method for calculating reimbursements, according to documents removed to Florida federal court Friday.

  • October 5, 2015

    SEC Points To Menendez Decision In House Subpoena Fight

    The U.S. Securities and Exchange Commission told a New York federal judge Monday that a decision ordering U.S. Sen. Robert Menendez to face most of a criminal corruption case shows the agency can question a former House Ways and Means Committee aide in a health care insider-trading probe.

  • October 5, 2015

    'Right To Die' Becomes Law In Calif.

    California Gov. Jerry Brown on Monday signed a bill allowing terminally ill adults to receive life-ending prescription drugs, a major victory for a "right-to-die" movement that has made only modest progress over the years.

Expert Analysis

  • 5 Things Clients Never Tell Their Lawyers


    Given the times we live in, it is almost inevitable that everyone will, sooner or later, need to consult with legal counsel. With that in mind, I thought it might be interesting to discuss a few things that clients just won't tell their lawyers, says Francis Drelling, general counsel of Specialty Restaurants Corp.

  • Excellus Breach: Encryption Cannot Always Save The Day

    Scott Lyon

    Excellus BlueCross BlueShield recently became the fifth major health care provider to disclose a breach since the beginning of 2015. So how can health care providers and their attorneys improve network security? One of the first steps is realizing that the solution is not always technical in nature, says Scott Lyon of Sedgwick LLP.

  • Privacy Risk Considerations In Health Care IT Investments

    Erin Whaley

    By whatever name you call it — health information technology, digital health, mobile health, telehealth — there is a lot of private equity and venture capital money flowing to this space. But to help mitigate the risk of your health IT investment becoming a headline, it is imperative that you carefully examine your target’s privacy and security practices, says Erin Whaley of Troutman Sanders LLP.

  • State AGs Vocal In New Supreme Court Term

    Joe Jacquot.jpg

    Justice Antonin Scalia often admits, “I’m a fed,” acknowledging that the U.S. Supreme Court is appointed, confirmed and vested with federal power. A critical counterbalance to that are state attorneys general, who uniquely, often singularly, come before the court to defend the interests of states. Here comes another big term for state AGs, says Joseph Jacquot, a partner with Foley & Lardner LLP and former deputy attorney general of Florida.

  • Specialty Pharmacy Market Ripe For Private Equity Buyers

    Richard S. Grant

    M&A activity in the specialty pharmacy sector has been quite active, as witnessed by a number of key recent deals spread across different players, including large pharmacy providers and big-box retailers. Although increased valuations are expected to follow, opportunities remain for private equity sponsors able to understand the complex regulatory framework, say attorneys with McGuireWoods LLP.

  • 11th Circ. Creates Flexibility For Courts On FLSA Suits

    Sara Soto

    The standard articulated in the Eleventh Circuit's decision in Schumann v. Collier Anesthesia PA provides courts with tremendous flexibility in determining whether unpaid interns might be entitled to wages and overtime pay. Given the incidence of internships today, the ruling heightens potential Fair Labor Standards Act concerns for employers, say Sara Soto and Joelle Simms of Bressler Amery & Ross PC.

  • Pope Francis And Pro Bono Publico


    Listening to Pope Francis last week as he made his way from Washington to New York to Philadelphia, one could be forgiven for imagining he was a poverty lawyer in robes. Again and again, he shone light on challenges that pro bono lawyers have wrestled with for years, including the death penalty, housing and homelessness, immigration and even climate change, say Kevin Curnin and Jennifer Colyer of the Association of Pro Bono Counsel.

  • A Look At The Legality Behind Daraprim's Price Spike

    Charles J. Andres

    Unilateral drug price increases alone — when not done by agreement or through collusion with competitors — are almost never actionable under U.S. antitrust law. As long as Turing Pharmaceuticals AG acted alone in raising Daraprim's price, it would be highly unlikely to face any antitrust claim or criminal antitrust penalties, say attorneys at Wilson Sonsini Goodrich & Rosati PC.

  • Lessons From Key Players In Guidant MDL

    Ten years after the Judicial Panel on Multidistrict Litigation created the Guidant Corp. Implantable Defibrillators Products Liability MDL and assigned it to Judge Donovan Frank in the District of Minnesota, the litigation’s key players returned to Minnesota to reflect on the lessons learned. See what the judges, lien administrator, and plaintiffs and defense counsel had to say.

  • FCA's Split Personality Makes Compliance A Moving Target

    David Hall

    The False Claims Act is undergoing an identity crisis. Decisions this year by the First, Fourth and Seventh Circuits have magnified a split among the federal appeals courts regarding what conduct actually constitutes a false claim under the FCA, say David Hall and Matthew Nettleton of Wiggin and Dana LLP.