• September 16, 2014

    Chancery Won't Nix Claims Over $3B Jefferies Leucadia Deal

    A Delaware Chancery judge declined Tuesday to dismiss the investor lawsuit challenging the nearly $3 billion stock swap between Leucadia National Corp. and Jefferies Group Inc., which created a $9 billion conglomerate with real estate, health care and other holdings, saying he needed an evidentiary record before deciding.

  • September 16, 2014

    Del. AG Again Shut Out Of Fla. Hospital Trust Row

    A Florida appeals court Tuesday denied Delaware Attorney General Beau Biden's motion to rehear its July 16 decision rejecting his attempt to intervene in the 2004 reorganization of the trust that funds The Nemours Foundation, saying Biden failed to show the trial court abused its discretion.

  • September 16, 2014

    Medicare Accountable Care Groups Saved $372M, CMS Says

    Medicare providers participating in accountable care organizations created under the Affordable Care Act have generated more than $372 million in savings while improving health care for their patients, the Centers for Medicare and Medicaid Services said Tuesday.

  • September 16, 2014

    King & Spalding Nabs Ex-Cox Smith Health Care Ace In Texas

    King & Spalding LLP has scored a former Cox Smith Matthews Inc. partner with more than 25 years' experience in administrative law and in health care litigation and regulatory law, for its health care practice in Austin, Texas, the firm said Monday.

  • September 16, 2014

    NJ AG Wants Doc In Insurer Outsourcing Case Sanctioned

    New Jersey's attorney general moved Tuesday to sanction a doctor who brought suit alleging the state is unlawfully handing insurance fraud investigations off to insurers, saying the suit is frivolous and merely an attempt by the doctor to halt investigations into his wrongdoing.

  • September 16, 2014

    AMA Calls For Overhaul Of Electronic Records Systems

    The American Medical Association on Tuesday urged vendors and the federal government to revamp the electronic health record industry and create more usable products for physicians, saying the current regulations are too rigid and prevent physicians from realizing the benefits of the technology.

  • September 16, 2014

    Fla. Medical Marijuana Plan Faces Challenge From Nursery

    One of Florida's leading plant growers on Monday formally challenged the state Department of Health's proposed rules for selecting official medical marijuana dispensers, saying several provisions, including a lottery to choose among qualified applicants, do not comply with the law passed earlier this year.

  • September 16, 2014

    Judge Recused From Noncompete Row After Bias Accusations

    A Dallas County judge on Monday was recused from a noncompete dispute involving a health care staffing firm, weeks before the case was set to start trial, after the firm alleged he was biased by both campaign contributions from the defendants’ lawyer and an acrimonious relationship with a firm hired to aid the plaintiffs.

  • September 16, 2014

    Senator Asks 7th Circ. To Wade Into ACA Subsidy Battle

    Sen. Ron Johnson, R-Wis., on Monday urged the Seventh Circuit to revive his lawsuit targeting a rule that allegedly provides preferable treatment to certain congressional staffers for health care obtained under the Affordable Care Act, saying the lower court was wrong to find he lacked standing to bring the suit. 

  • September 16, 2014

    Developers Seek Clarification On HHS Mobile App Regs

    A group of mobile application developers wants the U.S. Department of Health and Human Services to clarify its rules for the collection of data generated by an increasing number of mobile health programs, according to a letter sent Monday by an industry group to Rep. Tom Marino, R-Pa.

  • September 16, 2014

    Humana Doubles Share Buyback Program To $2B

    Health insurer Humana Inc. said Tuesday that its board of directors has approved increasing its share-repurchase program to $2 billion, an announcement that sent shares upward, marking the latest addition to the buyback blitz sweeping Wall Street.  

  • September 16, 2014

    Dealmakers Q&A: Jackson Walker's Michael Taten

    Cybersecurity due diligence will continue to be a bigger area of focus. We have these interconnected networks that present all sorts of potential backdoor access to sensitive information. It can be a huge risk factor in acquisitions, says Michael Taten of Jackson Walker LLP.

  • September 15, 2014

    7th Circ. Puts Indiana Same-Sex Marriage Ruling On Hold

    The Seventh Circuit granted Indiana's attorney general a stay on Monday that blocked its ruling invalidating the state's ban on same-sex marriage from taking effect until the U.S. Supreme Court takes action on the state's petition to have the appeals court ruling overturned. 

  • September 15, 2014

    Aetna Can't Close Book On Underpayment Saga, Class Says

    Aetna Inc. caught flak for its bid to dismiss the latest complaint filed in long-running antitrust and racketeering multidistrict litigation against the insurer for allegedly underpaying insurance claims, with a putative class arguing Friday that the new complaint is a necessary update and strengthens their claims in the seven-year battle.

  • September 15, 2014

    Feds Get Heat For Oversight Of Ark. Medicaid Expansion

    Reacting to a government watchdog’s report, two high-ranking GOP lawmakers on Monday demanded the Obama administration explain its oversight of spending under Arkansas’ unusual Medicaid expansion, which uses federal dollars to buy private insurance.

  • September 15, 2014

    Fla. AG Moves To Join 4 Gay Marriage Suits To Cut Confusion

    Florida Attorney General Pam Bondi moved to intervene Friday in four cases challenging the state's ban on same-sex marriage, saying her office's clear involvement is needed to promote an “orderly and consistent resolution” to the common issue running through them.

  • September 15, 2014

    Epstein Becker Seeks Toss Of Oncologist's Malpractice Suit

    Epstein Becker & Green PC has asked a Texas state court to throw out a malpractice suit brought by a Houston oncologist who says the firm should not have released a document that was used by the former general counsel of his clinic in employment litigation.

  • September 15, 2014

    Noel Canning Halts NLRB's Appeal, New Vista Tells 3rd Circ.

    New Vista Nursing and Rehabilitation LLC urged the Third Circuit on Monday to table the rehearing of a National Labor Relations Board appeal in an unfair labor practices dispute because two agency orders at issue involve two agency members found to be invalidly appointed in the U.S. Supreme Court's blockbuster Noel Canning ruling.

  • September 15, 2014

    Data Issues Threaten ACA Coverage For 500K Consumers

    Nearly 500,000 Americans are poised to see their Affordable Care Act coverage canceled or become more expensive because of conflicting information regarding their citizenship or income, far fewer than once feared, the Obama administration said Monday.

  • September 15, 2014

    ACE Won't Pay Amerisource's Attys' Fees After Pa. Appeal

    The Pennsylvania Superior Court on Monday upheld a decision finding that ACE American Insurance Co. is not on the hook to reimburse AmerisourceBergen Corp. for attorneys' fees and related costs in defending a False Claims Act suit that led to a $15 million settlement.

Expert Analysis

  • Differing, Changing Pleading Standards For FCA Suits

    Jonathan Feld

    Two recent decisions — U.S. v. Momence Meadows Nursing Center Inc. and U.S. v. Planned Parenthood — highlight the difference among circuits in the way they treat False Claims Act actions. While some courts are raising the bar on qui tam pleadings, other courts are making it easier to bring suit under the FCA, says Jonathan Feld of Dykema Gossett PLLC.

  • Brace For This Brief's Impact On The Supreme Court

    James H. Wendell

    SCOTUSblog founder Thomas Goldstein's no-party, no-argument amicus brief in M&G Polymers USA LLC v. Tackett is likely the first of its kind before the U.S. Supreme Court, making it one of the more intriguing developments of the upcoming term. It can demonstrate the power of a data-centric argument, says James Wendell of Riddell Williams PS.

  • No Industry Is Safe From TCPA Litigation

    Richard Benenson

    In recent years, the number of private actions filed under the Telephone Consumer Protection Act has risen sharply, but perhaps more concerning is that litigants are using the act to target an increasingly broad range of industries, say attorneys with Brownstein Hyatt Farber Schreck LLP.

  • ACA Tax Subsidy Dispute May End Up Before High Court

    J. Peter Rich

    Given the political composition of the D.C. Circuit as it prepares to hear Halbig v. Burwell en banc, it is expected that the full court will rule in favor of the government, which may ultimately result in appeal to the U.S. Supreme Court, say J. Peter Rich and Lauren D'Agostino of McDermott Will & Emery LLP.

  • OPINION: Pro Bono May Help Diversity Recruiting Efforts

    David A. Lash

    A recent Law360 article about the perennial BigLaw concern over how to recruit and retain female and ethnically diverse attorneys addressed a new approach being taken by some law firms — going beyond traditional mentoring programs by creating a sponsorship relationship. Pro bono can also play a part, say David Lash and Merle Vaughn of the Association of Pro Bono Counsel.

  • Indian Health Service Recovery Efforts Are Overreach

    Darryl T. Landahl

    Although regulators may argue otherwise, there is no known legal support for the position that 25 U.S.C. § 1621e(a) preempts all plan limitations from Native American health providers' recovery claims or that the statute was intended to provide unabated coverage for services from such a provider, say Darryl Landahl and Shelley Nordling of Brownstein Hyatt Farber Schreck.

  • How Research Efficiency Impacts Law Firm Profitability

    David Houlihan

    For a law firm, excess time dedicated to legal research generates waste, either in the form of artificially reduced billable hours or, particularly in flat or contingency fee projects, as overhead eroding the profitability of legal work. By measuring five factors, firms will begin to understand their own opportunities for improving profits, says David Houlihan of Blue Hill Research Inc.

  • FCC Health Fund Points To Next-Generation Network Growth

    Randall B. Lowe

    Next-generation networks are on the rise and the Federal Communications Commission's Healthcare Connect Fund offers health care providers the ability to reverse the trend of decreasing revenues and increasing costs while delivering new and improved services, says Randy Lowe of Davis Wright Tremaine LLP.

  • 7th Circ. Limits FCA 'Worthless Services' Theory

    Ty Howard

    While Absher v. Momence Meadows Nursing Center Inc. leaves open the potential that a worthless services theory could give rise to False Claims Act liability, the Seventh Circuit’s interpretation severely limits such liability to those cases in which a defendant effectively provided no service of value at all, says Ty Howard of Bradley Arant Boult Cummings LLP.

  • Best Business Planning Practices For Lawyers

    Jenn Topper

    Each lawyer's practice is a self-run business, even within the platform of a firm, and yet the level of entrepreneurialism within the practice of law is oftentimes marginalized, says legal industry business development specialist Jenn Topper.