• February 13, 2016

    Supreme Court Justice Antonin Scalia Dies At 79

    U.S. Supreme Court Justice Antonin Scalia, who served on the nation’s high court for almost 30 years, died on Saturday, the court's chief justice confirmed.

  • February 12, 2016

    Feds Ask If Arnold & Porter, Kobre Attys Have Conflicts

    Federal prosecutors said Friday that Arnold & Porter LLP and Kobre & Kim LLP attorneys representing a Florida eye doctor facing charges for allegedly bribing Sen. Robert Menendez as well as for Medicare fraud in a separate case may have conflicts that need to be addressed despite the lawyers' "professionalism and integrity."

  • February 12, 2016

    Patients Agreed To Debt Calls In Hospital Form, 6th Circ. Says

    The Sixth Circuit on Friday said that two hospital patients consented to a debt collection agency's automated calls by providing their cellphone numbers to the hospital, upholding an Ohio federal court's decision to throw out a Telephone Consumer Protection Act suit.

  • February 12, 2016

    Texas AG's Gay Marriage Ethics Row Breaks New Ground

    The ethics investigation into advice that Texas Attorney General Ken Paxton issued after the U.S. Supreme Court's landmark gay marriage ruling raises never-before-seen applications of Texas disciplinary rules that could make it difficult for a sanction to stick, experts said.

  • February 12, 2016

    DFB Pharma Wants S&N To Cough Up $26.7M In Dispute

    A Texas-based private investment company has accused med-tech giant Smith & Nephew Inc. of wrongly withholding $26.7 million from a $782 million asset-purchase escrow account in a contract breach dispute now before Delaware’s Chancery Court.

  • February 12, 2016

    Hospice Exec, Nursing Director Cop To $9.5M Medicare Scam

    The former owner of a hospice care center and its director of nursing pled guilty to fraud charges Friday in Illinois federal court, admitting their roles in a $9.5 million Medicare scheme that involved billing for end-of-life care for people who were not terminally ill.

  • February 12, 2016

    NJ Doc Accused Of Bogus Insurance Claims Settles For $5M

    A Westfield, New Jersey, doctor and two of his companies have agreed to pay $5.25 million to resolve claims that they falsely billed federal health care programs for tests they never provided, U.S. Attorney Paul J. Fishman announced Friday.

  • February 12, 2016

    FTC Says W.Va. Bill Could Restrict Nurses Too Much

    Federal Trade Commission staff members have told West Virginia lawmakers that a bill introduced last year could burden competition in health care by giving doctors too much power to limit advanced-practice nurses’ ability to prescribe medication independently.

  • February 12, 2016

    Whistleblower Must Produce Info On Witness Deal, Court Told

    A hospice care provider asked a Texas federal court Thursday to order a whistleblower to release an alleged agreement to share any money awarded in the case with two witnesses, saying the deal would be relevant to the dispute and should be shared amid the discovery phase of the False Claims Act dispute.

  • February 12, 2016

    Ex-Bryan Cave Atty Seeks Recusal For Judge In Benefits Row

    A former Bryan Cave LLP attorney on Friday called for the recusal of a Missouri federal judge who had contemplated sanctioning him in a medical benefit suit, saying the judge is biased against him because the judge’s clerk is married to a partner of the firm representing the opposition.

  • February 12, 2016

    1st Circ. Pauses PharMerica FCA Suit For High Court Appeal

    The First Circuit on Friday agreed to temporarily halt the revival of a whistleblower’s False Claims Act suit accusing PharMerica Corp. of overbilling Medicare and Medicaid by seeking reimbursement for drugs provided without a legal prescription, giving the pharmacy chain time to appeal to the U.S. Supreme Court.

  • February 12, 2016

    UNC Denied State Immunity In Duke Hiring Conspiracy Suit

    A North Carolina federal judge on Friday refused to automatically grant the University of North Carolina immunity in a potential class action accusing Duke University and a UNC administrator of suppressing wages through illegal hiring agreements in the universities’ medical schools, which would have led to the dismissal of a case.

  • February 12, 2016

    CVS To Pay $8M To Settle Oxycodone Sales Row With Feds

    CVS Pharmacy Inc. will pay $8 million to settle civil allegations that its Maryland pharmacies illegally sold oxycodone and other controlled substances under prescriptions that allegedly weren't issued for a legitimate medical purpose, the U.S. Department of Justice announced on Friday.

  • February 12, 2016

    Ore. Bill To Allow Tribal Marijuana Pacts Clears Panel

    The Oregon Legislature's marijuana committee on Thursday advanced a consensus bill to allow the state’s governor and its tribes to work together to regulate and enforce laws around the sale and production of recreational cannabis.

  • February 12, 2016

    7th Circ. Mulls Class Waivers In Employee's OT Suit

    The Seventh Circuit was asked to weigh in Friday on the hot-button issue of class waivers in arbitration agreements, with the National Labor Relations Board urging the appellate court to prevent a health care software company from blocking its employees from bringing unpaid overtime claims as a class.

  • February 12, 2016

    NJ Muslim Hospital Worker’s Bias, Liability Claims Survive

    A New Jersey judge has ruled that Cooper Health System must face vicarious liability and discrimination claims lodged in a lawsuit alleging it wrongfully ordered a Muslim worker to cover her religious henna tattoos, but nixed breach of contract and constructive discharge allegations.

  • February 12, 2016

    BioScrip To Pay Shareholders $11M In Exjade Fallout

    A New York federal judge has preliminarily signed off on a $10.9 million agreement between BioScrip Inc. and a class of shareholders to settle claims that stock prices fell because the company failed to disclose Anti-Kickback Statute and False Claims Act violations tied to Novartis' iron-reducing drug Exjade.

  • February 11, 2016

    Texas AG Under Investigation For Response To Obergefell

    Texas Attorney General Ken Paxton is under investigation by the state bar association for telling county clerks they could decline to issue marriage licenses to same-sex couples on religious grounds following the U.S. Supreme Court's decision last year legalizing gay marriage, attorneys who filed the grievance told Law360.

  • February 11, 2016

    Sen. Murkowski Lifts 'Frankenfish' Hold On FDA Chief Nominee

    The pile of holds on the confirmation of Dr. Robert M. Califf to head the U.S. Food and Drug Administration was reduced slightly on Thursday, when Sen. Lisa Murkowski, R-Alaska, said she was lifting her hold because her concerns regarding labeling for genetically engineered salmon had been resolved.

  • February 11, 2016

    Fla. Pharmacies, Docs Settle Tricare Billing Row For $10M

    The U.S. Department of Justice announced Thursday it has reached a settlement agreement with two compounding pharmacies in Florida and four physicians for approximately $10 million, resolving allegations that they steered costly and often unused prescriptions for military members to the pharmacies and profited off of inflated government reimbursements.

Expert Analysis

  • Congressional Outlook 2016: Tax, Health, Trade

    Scott D. Parven

    In spite of the fact that much attention is being paid to the presidential race, 2016 looks like it will be an active year in Congress. Scott Parven and John Jonas of Akin Gump Strauss Hauer & Feld LLP examine how the debates on tax, health care and trade issues might shape up as we head into the November elections and lame-duck session of Congress.

  • Takeaways From Medicare's 60-Day Overpayment Rule

    Jaime L.M. Jones

    Even with the breathing room offered by the Centers for Medicare & Medicaid Services' guidance on its 60-day overpayment rule, corporate compliance and legal functions still face harsh new challenges. As prosecutors and relators demonstrate greater interest in enforcement, the stakes grow higher if internal compliance programs are unable to quickly investigate potential overpayments and manage whistleblower risk, say attorneys at S... (continued)

  • Amended Rule 26’s Proportionality Standard: The First 60 Days

    Gregory Brown

    While the removal of the familiar “reasonably calculated to lead to the discovery of admissible evidence” standard suggests a departure from prior practice, the first opinions from the federal courts implementing amended Federal Rule of Civil Procedure 26(b)(1) suggest otherwise, says Gregory Brown of Kaufman Dolowich & Voluck LLP.

  • Investing In The Marijuana Industry: Where We Stand

    John Bessonette

    Companies — and their investors — continue to face a myriad of risks associated with uncertainty over future regulatory developments concerning the marijuana industry. As large states like California and Ohio prepare for legalization initiatives, however, the trend toward increasing liberalization and associated comfort levels of investors seems likely to continue, say John Bessonette and Tai Aliya of Kramer Levin Naftalis & Frankel LLP.

  • How Does Skadden Stay No. 1?

    Elizabeth Duffy

    Analyzing the reasons why clients choose certain firms reveals a great deal about what is important and valued in the marketplace. Based on interviews with a random sample of over 600 heads of legal in the largest U.S. organizations, Elizabeth Duffy, vice president of Acritas US Inc., identifies the core brand drivers of Skadden Arps Slate Meagher & Flom LLP.

  • OPINION: The Road To Partnership Must Keep Evolving

    Daniel L. Butcher

    In a recent Law360 article it was suggested that promotion to partner was a competition between associates and that taking maternity, paternity or family medical leave could impact an associate's chances at promotion. But this sort of ethos — which may have contributed to law firms’ success in the past — is not the best way to secure the industry's future, says Daniel Butcher, managing partner of Strasburger & Price LLP.

  • Litigation In The Marijuana Industry Lights Up

    Abby Sacunas

    The country’s first marijuana products liability class action hit Colorado state court in October, alleging that LivWell Inc. used a pesticide on their plants not approved for use on tobacco products — but while it may be tempting to consider cannabis products in conjunction with tobacco products, the industries are at very different stages of regulation and development, say Abby Sacunas and Leigh Ann Benson at Cozen O’Connor.

  • How Pharma Cos. Can Lessen The Risk Of Gov't Action

    Charles Andres jpg.jpg

    Certain actions, like off-label promotion, and violations of broad health care laws, like the Sunshine Act, can make life sciences companies and individuals targets of government enforcement action — but there are steps companies can take to minimize this risk, say attorneys at Wilson Sonsini Goodrich & Rosati PC.

  • An Uphill Battle For Providers Contesting Network Exclusion

    Fred A. Smith

    As the trend toward more narrow managed care networks continues in the U.S., provider lawsuits concerning exclusions and removals from networks and managed care entities are likely to increase as well. However, a recent decision by an Illinois court demonstrates that courts are hesitant to engage in micromanaging staff and network membership decisions that are made by payors, say attorneys at Sedgwick LLP.

  • Getting Payors On Board With Telehealth

    Anthea R. Daniels

    Telehealth has the potential to lower health care costs, improve access, and enhance quality and patient outcomes. However, it is currently limited by reimbursement systems such as Medicare, state Medicaid programs and commercial payors, says Anthea Daniels, a shareholder at Baker Donelson Bearman Caldwell & Berkowitz PC.