• June 30, 2016

    Catholic Nonprofit To Pay $650K Settlement In HIPAA Breach

    A Catholic health nonprofit has agreed to pay more than half a million dollars in Health Insurance Portability and Accountability Act-related penalties after a stolen mobile device compromised the protected health information of hundreds of nursing home residents, according to a resolution reached last week.

  • June 30, 2016

    PerkinElmer Faces Suit Over ‘Dismal’ Drug Test Devices

    A group of medical providers has slapped PerkinElmer's health sciences division with a lawsuit in Massachusetts state court accusing the lab technology company of selling a drug-detection machine with a "dismal performance."

  • June 30, 2016

    Jury Awards 12-Year-Old, Mother $53M In Brain Injury Suit

    A Cook County, Illinois, jury awarded the family of a 12-year-old boy born with brain damage $53 million in damages Wednesday after they sued the University of Chicago Medical Center over the care the boy and his mother received while she was in labor.

  • June 30, 2016

    BREAKING: Indiana Abortion Law Blocked By Judge

    An Indiana federal judge on Thursday granted Planned Parenthood of Indiana and Kentucky a preliminary injunction against a state law banning abortions based on a fetus’s race, sex or disability and which requires fetal tissue to be disposed like human remains, finding the organization is likely to win on its claims.

  • June 30, 2016

    BREAKING: Pentagon Lifts Ban On Transgender Service Members

    Defense Secretary Ashton Carter announced Thursday that the U.S. Department of Defense would end its ban on the open service of transgender people, saying it would strengthen the force and was in keeping with the DOD’s overarching principles.

  • June 30, 2016

    RICO Claims Don't Hold Up In Abbott Off-Label Use Suit

    An Illinois federal judge held Wednesday that Racketeer Influenced and Corrupt Organizations Act claims over Abbott Laboratories' alleged off-label promotion of seizure drug Depakote fail because two health benefit plans didn’t show a sufficiently direct link between the company’s misrepresentations and their injuries.

  • June 29, 2016

    3 Firms Steer Global Medical REIT's $130M IPO

    Global Medical REIT Inc. on Tuesday priced an initial public offering of more than 13 million shares for gross proceeds of $130.4 million in a deal guided by Vinson & Elkins LLP, with Winston & Strawn LLP representing the underwriters and Venable LLP advising the REIT on Maryland law matters.

  • June 29, 2016

    Pomerantz, Client, Fee Request Booted From 'Botched' Case

    A Delaware vice chancellor tossed Pomerantz LLP and its client from an unsettled shareholder action Wednesday, describing the lawsuit as "botched" and saying that their efforts to collect a $540,000 fee while walking away from the ongoing action showed "little grace."

  • June 29, 2016

    US Anti-Doping Agency Seeks To Question Texas Doctor

    The organization charged with managing the anti-doping program for the U.S. Olympic Committee has asked a Texas state court to allow it to question a Texas doctor over his treatment of U.S. track and field athletes.

  • June 29, 2016

    Heart Device Maker Pays $8M To End FCA Kickback Suit

    A heart surgery device maker has agreed to pay $8 million to settle a whistleblower's False Claims Act allegations that it provided marketing support as kickbacks to doctors who charged government health programs for the devices' use, the federal government said Wednesday.

  • June 29, 2016

    DOJ Confirms Epic Spike In FCA Penalties

    The U.S. Department of Justice confirmed Wednesday that False Claims Act penalties will soon nearly double, making high-stakes FCA litigation all the more dramatic.

  • June 29, 2016

    Ballard Slaps Symphony Health With Antitrust Fee Suit

    Ballard Spahr LLP is seeking more than a million dollars in fees it claims it’s owed for work representing Symphony Health Solutions Corp. in an antitrust case against IMS Health Inc. that ended in a confidential settlement in November.

  • June 29, 2016

    'Bad Faith' Or Statute Needed For Attys' Fees: 4th Circ.

    An award of attorneys’ fees is not automatic when the defense prevails in a federal lawsuit, the Fourth Circuit ruled Tuesday in an appeal of a Fair Labor Standards Act case in North Carolina.

  • June 29, 2016

    PE Firm Cinven Nabs Nearly $8B For 6th Fund

    Private equity firm Cinven on Wednesday said that it had closed its sixth fund, which will be focused on European investments, after hitting its €7 billion ($7.8 billion) hard cap in four months.

  • June 29, 2016

    Chicago Schools OK To Break Health Deal, Judge Says

    An Illinois judge on Tuesday tossed “for now” a suit in which a student health service provider claims the Chicago Board of Education breached its contract and schemed with a rival health care agency to steal its nurses.

  • June 29, 2016

    Ill. Agency Must Explain Program Decline Amid Class Action

    An Illinois department must explain why so many kids appear to have quit an in-home skilled nursing program in the wake of a federal judge's order that the service restart for children with disabilities involved in a class action to get it back, the judge said Wednesday.

  • June 29, 2016

    Advocate Workers Get Final Nod On $4.75M OT Settlement

    An Illinois federal judge Wednesday granted final approval to a $4.75 million settlement that ends a lawsuit accusing Advocate Health Care Network of improperly excluding its home health care workers from overtime pay.

  • June 29, 2016

    'Kickbacks' In FCA Suit Were Just Discounts, Omnicare Says

    Omnicare Inc. engaged in a perfectly legal drug discount program that was studiously noted in written agreements, the company told a Massachusetts federal judge Wednesday as it pressed for summary judgment in a qui tam case alleging false Medicaid claims and kickbacks.

  • June 29, 2016

    Texas AG Says Schools Can't Lie To Trans Students’ Parents

    Texas Attorney General Ken Paxton said on Tuesday that the Fort Worth Independent School District's policy allowing schools to keep information about students' gender identities away from parents is in violation of state education law and that the policy was improperly enacted.

  • June 28, 2016

    The 9 Firms GCs Love For Health Care Work

    As health care companies fight to keep up with ever-changing economic and regulatory challenges, nine law firms have earned their clients' trust and become the primary firms they rely on, according to a new BTI Consulting Group Inc. report.

Expert Analysis

  • NY Should Unify Standards For Atty Fees Against State Agency

    Matthew T. McLaughlin

    Two bills introduced in the recently ended New York legislative session, if adopted into law, will provide government entities and Freedom of Information Law practitioners with the mooring of predictable and consistent outcomes in FOIL proceedings by changing the standard for determining attorneys’ fee awards, say Matthew McLaughlin and Benjamin Argyle of Venable LLP.

  • How To Manage Your Law School Debt After Graduation

    Andrew Josuweit-headshot.jpg

    Student loan debt can feel overwhelming to new lawyers, especially when just getting started post graduation. Andrew Josuweit, co-founder and CEO of Student Loan Hero Inc., reviews the loan repayment plans available and discusses the best path forward for recent grads shouldering law school debt.

  • Forming Drug Test Policies Through A Haze Of Marijuana Laws

    Amanda Wingfield Goldman

    When it comes to protections for medical marijuana users, the tide appears to be turning as some states are revising their laws to include specific discrimination protections for employees. Amanda Wingfield Goldman at Coats Rose Ryman Yale & Lee PC provides practical steps for drafting drug testing policies in states where medical marijuana is legal, and states where recreational and medical marijuana is legal.

  • What To Expect In Post-Escobar FCA Litigation

    Peter Hutt II

    This week, the U.S. Supreme Court vacated the judgments in three False Claims Act matters that were pending before it on petitions for certiorari and remanded them for further consideration in light of the new standards enunciated in Escobar. Within the next few weeks, there will be a trickle of lower court decisions applying Escobar. By the end of the year, the trickle will be a flood, say attorneys with Covington & Burling LLP.

  • New Vt. Drug Pricing Law Will Have A Limited Impact

    Joanne L. Zimolzak

    If, as Vermont's new drug pricing law itself expresses, transparency is merely the first step to health care cost control, patients need and deserve to know: What is the next step? Vermont will eventually be faced with more daunting questions around what actions it will take to rein in these costs and what impact those changes will have on patients, say attorneys at Dentons.

  • The Cloud And Ethical Considerations For Lawyers

    Bradley S. Shear

    Despite regular news stories detailing the need to update our digital privacy laws and increase our cybersecurity protections, law firms and in-house legal departments should feel confident that utilizing cloud providers with strong privacy and security protections will not breach their ethical obligation to clients, says Bradley Shear of the Law Office of Bradley S. Shear LLC.

  • A Few Important Decisions From The 'Inferior' Courts

    Fred Taylor Isquith

    With all eyes on the U.S. Supreme Court, litigation lawyers may have glanced quickly at important cases coming from the lower courts and providing guidelines on confidentiality orders, picking off plaintiffs, the treatment of buried disclosure in securities litigation, and antitrust pleadings, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • In Congress: Only The Senate

    Richard Hertling

    Although the Senate has shown during the past year and a half of Republican control that it can indeed be an effective, functioning body, after several years of total dysfunction, the fight over Zika funding reveals that dysfunction is never far from the surface, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • How Lawyers Can Harness The Power Of Social Media

    Monica Zent

    It’s important to first decide what your personal brand is. Are you a crusader? A wry observer? A compassionate witness? Your social media presence doesn’t have to reflect the deepest aspects of your identity — it’s merely an image that you project, says Monica Zent, founder and CEO of Foxwordy Inc.

  • A New Precedent For Physician Restrictive Covenants In NY

    Thomas A. Telesca

    A recent decision from the New York Supreme Court concerning the enforceability of a physician's restrictive covenant reflects continued changes taking place in the health care field and indicates that attorneys representing individual physicians and medical practices in New York will have to take more care in drafting such contracts, says Thomas Telesca at Ruskin Moscou Faltischek PC.