Health

  • June 29, 2015

    Calif. Can Collect Fees On Medical Liens, 9th Circ. Rules

    The Ninth Circuit on Monday ruled that California state officials can collect fees on medical providers filing liens in an effort to recover the costs of services provided to injured workers, dismissing claims in a suit alleging the fees were unconstitutional.

  • June 29, 2015

    Pharmacy Pays $2.5M To Exit Drug Delivery FCA Suit

    New York Attorney General Eric Schneiderman announced Monday that his office has reached a $2.5 million settlement with a pharmacy primarily owned by Walgreen Co. over claims it had submitted false Medicaid billing statements for drugs prescribed primarily to hemophilia patients.

  • June 29, 2015

    Bankruptcy Court Can't Rule On CMS-Nursing Home Feud

    A federal judge on Friday vacated a bankruptcy court's order prohibiting the Centers for Medicare and Medicaid Services from terminating its provider agreement with a Florida nursing home, finding that the bankruptcy court lacks jurisdiction to review CMS' decision and that the facility hasn't exhausted its administrative remedies.

  • June 29, 2015

    Anthem Hit With Suit Over Massive Health Data Breach

    Anthem Inc. was hit with a putative class action on Friday in California federal court over one of the largest corporate breaches of health care data in U.S. history, in which it is accused of failing to encrypt its data or heed warnings that it was at risk to hackers.

  • June 29, 2015

    High Court Stays Texas Abortion Law

    The U.S. Supreme Court on Monday put on hold a Fifth Circuit ruling that would have allowed the state of Texas to begin enforcing new regulations on abortion providers beginning July 1, saying the state could not move forward while opponents argue for the high court to take up their case.

  • June 29, 2015

    High Court Won't Hear Amedisys Shareholder Appeal

    The U.S. Supreme Court said Monday it will not take up a case concerning the stringency of pleading standards in securities fraud cases, leaving intact a Fifth Circuit decision that revived a shareholder class action against health care provider Amedisys Inc.

  • June 29, 2015

    Corporate Attys Want More High Court Action After Slow Term

    With the U.S. Supreme Court closing the curtain Monday on a term that brought landmark decisions on same-sex marriage, health insurance subsidies and lethal injections, court watchers focused on corporate transactions and capital markets are feeling a little left out. Here, experts tell Law360 what has kept the justices away from business cases and the issues they'd like to see taken up in the future.

  • June 29, 2015

    Sheppard Mullin Snaps Up Ex-Garfunkel Wild Health Pro

    Sheppard Mullin Richter & Hampton LLP has boosted its bench of health care regulatory experts with the former head of Garfunkel Wild PC’s compliance and white collar defense practice.

  • June 29, 2015

    Supreme Court To Mull Vermont's ERISA Preemption Row

    The U.S. Supreme Court agreed Monday to review a circuit ruling for Liberty Mutual Insurance Co. that the Employee Retirement Income Security Act preempted a Vermont law requiring self-insured employee health plans to report claims data to the state.

  • June 29, 2015

    CVS Kickback Suit Tossed, Lack Of Non-Public Info Cited

    Reliance on public information doomed a whistleblower's lawsuit alleging CVS Caremark Corp. violated the Anti-Kickback Statute with $5 coupons in a prescription rewards program that didn't exclude Medicare and Medicaid enrollees, according to a dismissal ruling Friday in Illinois federal court.

  • June 29, 2015

    Tenn. Abortion Law Won't Be Enforced During Licensing Suit

    A Tennessee federal judge put a state law on hold that would have forced the closure of two abortion-providing clinics for failing to meet new licensing standards, saying Friday that the state simply didn’t give the clinics enough time to comply with the law.

  • June 29, 2015

    Goodwin Guides AMAG's $700M Buy Of Stem Cell Bank

    AMAG Pharmaceuticals Inc. said Monday that it will buy stem cell preservation company Cord Blood Registry from its private equity parent GTCR for $700 million with guidance from Goodwin Procter LLP.

  • June 26, 2015

    High Court Removes Another Barrier For Gay Immigrants

    The U.S. Supreme Court's ruling in favor of same-sex marriage will make it easier and less costly for many foreign nationals to obtain immigration benefits through marriage, and it is likely to erase worries that attorneys say kept some gay executives from coming to the United States.

  • June 26, 2015

    In Gay Marriage Dissents, Justices Don't Hold Back

    The justices dissenting from Friday's gay marriage decision did not mince words when it came to their colleagues, with Justice Antonin Scalia calling the majority opinion “as pretentious as its content is egotistic.” Here, Law360 looks at the most noteworthy lines from the four dissents.

  • June 26, 2015

    June 26 A Landmark Day For Gay Rights — Again

    Three of the most important U.S. Supreme Court rulings for the gay rights movement have been released on June 26, but while some want to believe history is at work, it may just be a coincidence.

  • June 26, 2015

    Tax, Estate Worries Far From Over Despite Marriage Ruling

    The U.S. Supreme Court's historic ruling Friday that same-sex couples are entitled to the full benefits of marriage in all 50 states may have ended a tax and estate planning nightmare, but experts say questions about the reaction of corporate America, the future of civil unions and retroactive tax refunds remain.

  • June 26, 2015

    High Court Ruling Won't End Texas Fight For Same-Sex Rights

    Texas will continue to be a battleground for same-sex rights after the U.S. Supreme Court’s landmark Obergefell ruling, since the governor has declared religious freedom entitles state agencies to refuse to enforce the law even as judges across the state performed courthouse weddings.

  • June 26, 2015

    Historic Marriage Ruling Leaves Bias Issue For Another Day

    The U.S. Supreme Court’s ruling in favor of same-sex marriage offered stirring words on equality but also was largely silent about how judges should approach claims of discrimination against gay Americans, teeing up battles that are likely to be waged in lower courts for years to come, experts say.

  • June 26, 2015

    Fla. Appeals Court Upholds Malpractice Testimony Limits

    Florida's Fifth District Court of Appeal on Friday in an en banc ruling affirmed a successful medical malpractice defense, and in doing so upheld trial judges' discretion in limiting expert testimony in medical malpractice cases.

  • June 26, 2015

    Gay Marriage Ruling To Boost LGBT Worker Protection Efforts

    The U.S. Supreme Court's landmark declaration that the U.S. Constitution requires all 50 states to allow same-sex marriages will not only provide welcome uniformity for nationwide employers but also add momentum to efforts to expand anti-discrimination protections for LGBT workers, lawyers say.

Expert Analysis

  • Midpoint 2015: What To Expect From State AGs

    Joseph W. Jacquot

    Whether on competition in the solar energy market, oversight of professional occupations or the safety of electronic payment systems, businesses should proactively engage with state attorneys general as they fulfill their consumer protection role, says Foley & Lardner LLP's Joseph Jacquot, a former Florida deputy attorney general and chief of staff of the attorney general’s office.

  • Philly Points To Standing When Fighting Class Actions

    Angelo A. Stio III

    The Philadelphia Court of Common Pleas' ruling in Baum v. Keystone Mercy Health Plan reinforces the case that a lack of standing is a powerful defense for companies facing data breach-related class actions. Baum also recognizes that lack of standing can be asserted at the certification stage when the purported class representative cannot demonstrate that he or she suffered injury or harm, say attorneys at Pepper Hamilton LLP.

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)

  • The Affordable Care Act Dodges Another High Court Bullet

    Denise E. Hanna

    The bottom line of the U.S. Supreme Court's ruling in King v. Burwell is that the Affordable Care Act, as a whole, had a consistent intent for federal tax subsidies to be available to reduce consumer spending on health insurance purchased through federally run exchanges, even if ambiguous provisions and inartful drafting can be found within the statute, say attorneys at Locke Lord LLP.

  • NJ Has The Backs Of Chiropractors In Class Action

    James J. Ferrelli

    The recent granting of class certification by the District of New Jersey to participating and nonparticipating chiropractors in DeMaria v. Horizon Healthcare Inc. offers a blueprint to class action certification for health care providers seeking to challenge health insurer policies that may systematically deny or reduce benefits paid, says James Ferrelli of Duane Morris LLP.

  • 4 Life Science Innovations That Give Life To Patent Growth

    Kevin M. Granahan

    With a rapidly increasing and largely inelastic demand resulting from health-conscious and aging populations throughout the world and the relative availability of capital, the life sciences industry is in an enviable position regarding patent growth — especially when compared with other industries competing for revenues, say Kevin Granahan and David Magagna at Fox Rothschild LLP.

  • A Guide To IT Transition Planning In Health Care M&A

    Linda S. Ross

    An essential part of effective IT transition planning in modern health care transactions is the development and execution of an information technology and transition services agreement. As is the case in most commercial arrangements, the buyer and seller will have distinct and separate concerns, interests and expectations that can take significant time to negotiate and address, say Matthew Keuten and Linda Ross of Honigman Miller S... (continued)

  • Continuing Care Communities Reform Comes To Florida

    Beth A. Vecchioli

    In the last 10 years, there have been reports of a number of continuing care communities failing and declaring bankruptcy throughout the country. This has led to a greater regulatory focus on the solvency of CCCs and the terms of the contracts they offer. Particularly in Florida, state regulators have increased their scrutiny of CCC refundable-type contracts, says Holland & Knight LLP's Beth Vecchioli, a former staffer in the Flori... (continued)

  • Duke, UNC And Nonpoaching Agreements — What Not To Do

    Stephen Murphy

    If the consequences of poaching are as severe as Duke University and the University of North Carolina likely perceived when they agreed to forgo hiring each other’s medical facility faculty and staff, was there another way to deal with the problem without being exposed to antitrust liability? A little-known aspect of the 2011 Adobe final judgment offers hope for a more productive and less risky solution, say Stephen Murphy and Dary... (continued)

  • Congress Has To Beat The Clock For 21st Century Cures Act

    Gabe Neville

    Despite continued fighting over the Affordable Care Act, there have been more bipartisan accomplishments in health care since Republicans regained control of Congress in 2010 — yeah, you read that right. And, bipartisan momentum behind the 21st Century Cures Act remains for the moment, but that could quickly change as elections approach and the U.S. Supreme Court's ruling in King v. Burwell looms, says Gabe Neville of Covington & B... (continued)