• November 25, 2015

    Incompetence Claims Motivated By Money, Redstone Attys Say

    Media mogul Sumner Redstone's attorneys fired back in California court Wednesday at a lawsuit filed by his ex-caretaker Manuela Herzer claiming he's a “living ghost” who can no longer care for himself, saying Herzer's bid for reinstatement as his health care agent is about “her personal financial agenda.”

  • November 25, 2015

    House Panel, Ex-Aide Take SEC Subpoena Fight To 2nd Circ.

    The U.S. House of Representatives Ways and Means Committee and a former staffer on Wednesday told a New York federal judge they shouldn't have to respond to a U.S. Securities and Exchange Commission subpoena request in a health care insider-trading probe before appealing its imposition.

  • November 25, 2015

    Quest Escapes Antitrust Class Action

    A California federal judge on Wednesday dismissed a proposed class action alleging Quest Diagnostics Inc. monopolized diagnostic services in California by paying kickbacks, colluding with insurers and acquiring competitors, saying that their allegations of monopoly overcharging don’t have factual support.

  • November 25, 2015

    Texas AG, Others Support Obamacare Tax Row In High Court

    Attorneys general for Texas, Florida and eight other states urged the U.S. Supreme Court on Wednesday to consider a petition challenging the tax on individuals opting out of Affordable Care Act insurance, saying the measure wasn’t enacted constitutionally.

  • November 25, 2015

    Canada Faces $4.8B NAFTA Claim Over Marijuana Facility

    Canada is facing a $4.8 billion North American Free Trade Agreement claim from a company that sought to open the world’s largest medical marijuana facility, teeing up a fight over health authorities’ decision to reject its license application.

  • November 25, 2015

    Aetna Pushes For Sanctions In Surgery Center Kickback Suit

    Aetna on Wednesday asked a Pennsylvania federal court to sanction Foundation Surgery Affiliates LLC and its attorneys from Buchanan Ingersoll for allegedly lying to the court about its practices when fighting the insurer’s suit accusing the surgical center of running a patient referral kickback scheme.

  • November 25, 2015

    Muslim Worker Sues NJ Hospital Over Henna Tattoo Bias

    A longtime worker at a Cooper Health System in New Jersey filed a discrimination lawsuit Tuesday alleging her superiors violated of her right to freely practice her Muslim faith by demanding that she conceal henna tattoos that symbolize the religion.

  • November 25, 2015

    Feds Expect $30M From FCA Deals With Fla. Pharmacies

    Six Florida-based compound pharmacies agreed to settle allegations that they fraudulently billed TRICARE, the U.S. military's health care program, in deals expected to net the federal government $30 million in fines and repayments, the U.S. Department of Justice announced Wednesday.

  • November 25, 2015

    Air Force Extends Health Care Contractors' Work For $984M

    The United States Air Force has approved a $983.5 million extension of related contracts through which 22 companies provide medical services at more than 60 American military facilities, according to a notice published by the Department of Defense on Tuesday.

  • November 25, 2015

    Health, Enviro Orgs Seek To Join EPA Ozone Row In DC Circ.

    A group of environmental and health organizations told the D.C. Circuit on Tuesday that they want to help defend the U.S. Environmental Protection Agency from an energy company's suit seeking to block the agency's recent tightening of ground-level ozone standards.

  • November 25, 2015

    The MVPs Of Health Law

    The successes of these elite attorneys in high-stakes deals and complex litigation earned them a spot in the Health Law category of Law360's 2015 MVP Awards.

  • November 25, 2015

    Prime Violated NLRA During Union Negotiations, Board Rules

    Prime Healthcare Management illegally snubbed SEIU-United Healthcare Workers West during negotiations over health care plans for employees at a California hospital, the National Labor Relations Board ruled Tuesday.

  • November 25, 2015

    Pa. High Court Won't Reinstate Atty Disbarred Over Fraud

    The Pennsylvania Supreme Court has refused to reinstate the license of a personal injury attorney who was disbarred following convictions on tax and health care fraud charges.

  • November 25, 2015

    The Dangerous Secrets Your Client Is Keeping From You

    Any secret a client keeps from outside counsel can be a liability, but certain types are especially harmful, lurking in the shadows like a grenade with the pin pulled. Here, experts discuss the most menacing secrets clients hide.

  • November 25, 2015

    FTC Appeals Unfavorable LabMD Data Breach Decision

    The Federal Trade Commission has asked its own commissioners to review a recent decision by an administrative law judge that threw out the agency’s data breach suit against medical testing company LabMD, filing an appeal just days after the ruling was handed down.

  • November 25, 2015

    HIPAA Fine Follows Stolen Laptop At Mass. Hospital

    A Massachusetts hospital will shell out $850,000 and beef up its digital security after a laptop theft endangered patient privacy and exposed potential violations of the Health Insurance Portability and Accountability Act, federal regulators said on Wednesday.

  • November 25, 2015

    NLRB Tells DC Circ. To Let Director Authority Decision Stand

    The National Labor Relations Board urged the D.C. Circuit on Tuesday to let stand its ruling that the board's regional directors didn't lose their authority to conduct and certify employee union elections during a period when there was not a quorum on the board, saying a health clinic's call for a full court review should be turned aside.

  • November 24, 2015

    IRS Won't Challenge Loss Over $24M LifeCare Sale Tax Bill

    The federal government told the Third Circuit on Monday that it has decided not to pursue its challenge over LifeCare Holdings Inc.'s $320 million bankruptcy sale to Carlyle Group LP that purportedly stiffed the Internal Revenue Service for $24 million in capital gains taxes.

  • November 24, 2015

    NJ High Court To Consider Insurance Fraud Standard

    The New Jersey Supreme Court on Tuesday agreed to review an appellate court's decision reversing a nearly $4 million judgment for Allstate and two affiliates, in a dispute over whether a business partnership that submitted claims to the insurer was intentionally structured in violation of state insurance fraud law.

  • November 24, 2015

    UnitedHealth Plan Reaches Settlement In ERISA Suit

    A UnitedHealth Group insurance plan has reached a settlement with a woman who filed a putative class action claiming improper calculations of benefits for employees who participated in Medicare but were also covered by plans UnitedHealth helped run, court documents showed.

Expert Analysis

  • OPINION: In Search Of Our Best Law Firm Selves

    James Maiwurm.jpg

    Several developments over the past few months caught the eye of Jim Maiwurm, chairman emeritus of Squire Patton Boggs. Try as he might, he could not resist the temptation to comment on a few — such as the expansion of the Dentons “polycentric” empire, a confused verein controversy, and provocative suggestions that the law firm partnership model is a dinosaur.

  • Nursing Home Arbitration Agreements Attacked From All Sides

    Norman Tabler Jr.

    Arbitration agreements in all consumer areas appear to be under attack. But the most venomous attacks are reserved for those that accompany nursing home admission forms, says Norman Tabler Jr., counsel with Faegre Baker Daniels LLP and former general counsel of Indiana University Health.

  • New Federal Rules Acknowledge It’s Time To Drop The 'E'

    Gregory Leighton

    The amendments to the Federal Rules of Civil Procedure scheduled to take effect Dec. 1 are designed to usher in a new era in the U.S. litigation system, this time acknowledging that what was once known as “e-discovery” is now just discovery. The amendments are sweeping in scope, but none is more important than the revised Rule 37(e), say Gregory Leighton and Eric Choi of Neal Gerber & Eisenberg LLP.

  • A Lawyer's Guide To Analyzing Age Discrimination Claims

    Lauren Levine

    In her Ehrbar v. Forest Hills Hospital ruling, Eastern District of New York Judge Margo Brodie deconstructs a motion for summary judgment dismissal of a disparate treatment age discrimination claim, and in doing so, provides both plaintiff and defense lawyers with a useful compendium of arguments, defenses, and the current state of age discrimination case law in the Second Circuit, say attorneys with Garfunkel Wild PC.

  • More Regulators Eye Health Info Blocking

    Jodi Daniel

    Congress, the U.S. Department of Health and Human Services, and certain states have taken action to identify and prevent “information blocking” by health care providers, hospitals, technology developers and service providers. And there likely will be more guidance, statutory and regulatory changes, and enforcement by federal agencies and states in the coming year, say Crowell & Moring LLP attorneys Jodi Daniel and Roma Sharma.

  • Class Counsel Fees Getting 'Intense Judicial Scrutiny'

    Carolyn Cole

    Recognizing that defendants have no duty and little incentive to object to an inflated class counsel fee request, and that class counsel have every incentive to increase their fees, Judge Richard Posner and the Seventh Circuit have filled this void by directing “intense judicial scrutiny” of class counsel fee awards. In doing so, the court identified issues all counsel now should consider when crafting a class action settlement, sa... (continued)

  • LabMD Is Major Setback For FTC In Data Security Cases

    Rebecca S. Engrav

    Until now, there has been no definitive ruling from any court on what proof is required to establish that a company’s act or practice “causes or is likely to cause substantial injury” in the data security context. The administrative law judge’s recent decision in LabMD suggests a high bar, say attorneys with Perkins Coie LLP.

  • 3 Ways Technology Is Changing Law Office Designs


    A growing number of attorneys and firms are eschewing tradition by embracing technology to change not only the way we work, but also the way we organize our offices, says Anthony Johnson, founder and CEO of American Injury Attorney Group.

  • 13 Key Business Objectives For Corporate Legal Departments

    Joe Kanka

    Over the past 35 years, Joe Kanka has experienced the corporate legal department from many angles, including management positions at a major law firm litigation support center, two legal staffing companies, and inside AT&T and Bell Atlantic. Here, he shares his 13 key business objectives that corporate legal departments must strive for in today’s business environment.

  • A Little-Known Powerful Tool To Fight Calif. Insurance Fraud

    Shawn Hanson

    There is little case law interpreting the California Insurance Frauds Prevention Act, but several rulings issued over the last 18 months have confirmed the statute’s expansive reach and potential for significant recoveries, say Shawn Hanson and Maria Ellinikos at Akin Gump Strauss Hauer & Feld LLP.