• August 29, 2016

    Benecard 3rd Circ. Win Is Latest Setback For Hack Victims

    The Third Circuit recently refused to allow Benecard Inc. employees and customers to proceed with negligence and breach of contract claims against the company in the wake of a data breach, creating a new obstacle for those pursuing data security class actions against employers and service providers in the absence of clear contractual liability or property damage.

  • August 29, 2016

    Law Firms Battle For Lead Counsel In NJ Hospital ERISA Suit

    Two sets of law firms filed competing motions Friday urging a New Jersey federal court to appoint them as interim co-lead class counsel in a putative class action alleging St. Joseph’s Healthcare System Inc. is violating the federal Employee Retirement Income Security Act by underfunding an employee pension plan.

  • August 29, 2016

    Banner Health Hit With Another Suit Over Data Breach

    Nonprofit hospital system Banner Health was slapped with another proposed class action in Arizona federal court on Friday, accusing the hospital network of failing to protect confidential patient information before a data breach that exposed 3.7 million people’s personal information to hackers.

  • August 29, 2016

    Va. Schools Ask High Court If DOE Can Redefine ‘Sex’

    A Virginia school board on Monday asked the U.S. Supreme Court to clarify when federal agencies are allowed to use so-called Auer deference to interpret their own statutes, as part of the board’s case over whether Virginia schools can create restroom policies targeting transgender students.

  • August 29, 2016

    Cancer Center Patients Fight To Preserve Data Breach Suit

    A cancer treatment center operator can't shake a $57 million suit stemming from an October data breach, a patient told a California federal judge Friday, arguing that he only had to show someone accessed the proposed class's medical information, not that they viewed it.

  • August 29, 2016

    Blue Shield Says Providing Plan Info Doesn't Violate TCPA

    Blue Shield of California told a federal judge on Friday that a Telephone Consumer Protection Act proposed class action based on a recorded phone call was groundless because law and regulation allow health plan providers to communicate plan information to their members.

  • August 29, 2016

    Tilton Resists Subpoena Bid In TransCare Class Action

    Patriarch Partners LLC, Lynn Tilton's private equity firm, asked a New York federal judge Monday to force a proposed class of former TransCare Corp. employees to withdraw subpoenas against two third parties, arguing the court is still deciding whether to send the worker layoff case to bankruptcy court.

  • August 29, 2016

    Greenberg Can't Nix $2M Clawback Suit, Co.'s Estate Says

    The bankruptcy estate of a medical center management company has pushed a Texas federal court to carry on with a $2 million suit accusing Greenberg Traurig LLP of receiving fees that are technically fraudulent transfers, arguing the firm has continually shifted the focus of its dismissal efforts. 

  • August 26, 2016

    UNC Can't Enforce Bathroom Law Against Plaintiffs: Judge

    A North Carolina federal judge ruled Friday that the University of North Carolina cannot enforce a provision of the state's controversial bathroom law against three people suing over the policy, which requires transgender people to use bathrooms and locker rooms corresponding to the sex on their birth certificates.

  • August 26, 2016

    Calif.'s Strict Child Vaccination Law Stays In Effect For Now

    A California federal judge declined Friday to temporarily bar state law requiring all children to be vaccinated before going to school or day care regardless of personal beliefs, giving the state and its agencies an early victory in defending one of the toughest vaccination laws in the country.

  • August 26, 2016

    Ex-Exec 'Enforcer' Gets 1 Year In Hospital Kickback Scheme

    An Illinois federal judge sentenced a Chicago hospital's former chief operating officer to a year in prison Friday for his role as the “enforcer” in a massive kickback scheme involving referrals of patents covered by Medicare and Medicaid, court records show.

  • August 26, 2016

    DaVita Seeks End To Dialysis Suit

    DaVita HealthCare Partners Inc. sought Friday to dismiss a man’s suit over his mother's death, more than a year after a proposed class action's lead plaintiff agreed to end claims that the kidney care company did not warn customers about the dangers of two dialysis products.

  • August 26, 2016

    Kimberly-Clark Surgical Gown Buyers Near Cert. In Safety Suit

    A California federal judge on Friday tentatively ruled that a California medical center and other buyers of Kimberly-Clark surgical gowns can proceed as a class on claims the manufacturer failed to disclose to customers that some gowns had failed industry safety tests.

  • August 26, 2016

    Health Hires: K&L Gates, Pharma Trade Org, Tucker Ellis

    K&L Gates LLP has expanded its health care group with a new partner from Baker Donelson Bearman Caldwell & Berkowitz PC, the Philadelphia Drug Exchange has appointed new general counsel and Tucker Ellis LLP has opened a St. Louis office where attorneys will focus on product liability and medical device and pharmaceutical liability, among other areas.

  • August 26, 2016

    7th Circ. Revives ERISA Suit Over Tanked $60M Investment

    The Seventh Circuit ruled Thursday that employees of a home health care company plausibly alleged the trustee of their employee stock plan violated the Employee Retirement Income Security Act when it saddled them with a high-interest $60 million loan to buy company stock that later dropped to half its value, overturning a lower court's dismissal.

  • August 26, 2016

    Group Wants Out Of 'Irrational' ACA Birth Control Mandate

    Secular anti-abortion group Real Alternatives Inc., in its effort to overturn a court order and become exempt from providing health insurance covering contraception, told the Third Circuit on Thursday that the federal government has no rationale to impose the mandate on nonreligious organizations that ideologically oppose certain contraceptive items.

  • August 26, 2016

    FDA Wants Blood Donations Tested For Zika Nationally

    The U.S. Food and Drug Administration on Friday called for all donated blood to be tested for the Zika virus, not just donations in areas where the virus has been active.

  • August 26, 2016

    Cerner Targets Real Estate In Full Court Press For $63M Award

    Cerner Corp. asked a Washington federal court Thursday to send the medical records technology firm's dispute with a Middle Eastern businessman and his real estate company back to state courts, where Cerner has litigated contract claims concerning a $63 million arbitration award.

  • August 26, 2016

    Taxation With Representation: Ropes, Cooley, Wachtell

    In this week’s Taxation with Representation, Pfizer announces a $14 billion deal for a biotechnology company, a Canadian retail giant drops $4.4 billion on CST Brands and Berry Plastics grows its North American presence with the purchase of a smaller rival.

  • August 26, 2016

    FCA Attys Clash Over Escobar Test For Implicit Compliance

    False Claims Act attorneys are deeply split over a crucial section in the U.S. Supreme Court's Escobar ruling, debating whether its test of implicit statements about regulatory compliance is mandatory and how the test should be applied.

Expert Analysis

  • Funding Litigation And Treatment: Leveling The Playing Field?

    Kari L. Sutherland

    In an environment where many believe access to the courts can be at least somewhat dependent on a person’s financial viability, does outside financing of litigation level the playing field between the Davids and Goliaths? Or is it the resurrection of a practice that even the Athenians deemed impolitic? asks Kari Sutherland of Butler Snow LLP.

  • Health Republic’s Curious Liquidation: Part 3

    James Veach

    The New York Supreme Court recently decided that outside counsel and third-party administrators should post contracts and administrative costs online in order to help policyholders understand how Health Republic's assets are being spent. Creditors' committees are necessary for helping policyholders keep an eye on the Health Republic estate's expenses, says James Veach at Mound Cotton Wollan & Greengrass LLP.

  • Don't 'Discount' Gov't Opinion On Anti-Kickback Exception

    Robert D. Stone

    In light of arguments from the government, a Massachusetts federal court’s willingness to reverse itself in Herman v. Coloplast underscores the potential for this case to set a dangerous precedent regarding application of the discount safe harbor and statutory exception of the Anti-Kickback Statute in the future, say Robert Stone and Tamara Tenney at Alston & Bird LLP.

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.

  • The Complexity Of Trademarks In The Marijuana Business

    Tanya Curcio

    Because marijuana is still classified as an illegal substance under the federal Controlled Substances Act, protecting trademarks for marijuana-related goods and services is complicated at best — and sometimes impossible, says Tanya Curcio of Vorys Sater Seymour and Pease LLP.

  • 4 Reasons Law Firm Business Development Initiatives Fail

    Adam Donovan

    By understanding four common reasons why law firm business development initiatives fail, we can more accurately define success, avoid pitfalls, and improve return on investment, says Adam Donovan, senior manager of patent business strategy at Fish & Richardson PC.

  • More Restrictions On Physician Noncompetes Ahead?

    Lisa A. Zaccardelli

    Recently, several states have followed the trend toward constraining the use of restrictive covenants in agreements with medical practitioners. Although the specific language in the new statutes differs, they all limit employers’ ability to craft restrictive employment contracts, shifting negotiating power back to doctors, say attorneys at Hinckley Allen & Snyder LLP.

  • FTC Alums: Retail Mergers Reflect New Approaches At FTC

    Joshua D. Wright

    The Federal Trade Commission is poised to take the next step — perhaps the most significant one in its century-long history — in the evolution of its approach to merger enforcement. This evolution is apparent in the context of retail markets, as illustrated by FTC decision-making and analysis in the recent Safeway and Family Dollar transactions, say former FTC Commissioner Joshua Wright and Theodore Serra of Wilson Sonsini Goodrich & Rosati PC.

  • CMS Cracks Down On Nursing Home Social Media Abuse

    Caroline J. Berdzik

    Following recently issued guidance by the U.S. Centers for Medicare and Medicaid Services, long-term care facilities would be well advised to have robust policies, training and enforcement in place to prevent employees from misusing social media. And beyond that, there are some immediate action items skilled nursing facilities should implement as well, says Caroline Berdzik at Goldberg Segalla.

  • Record $5.5M HIPAA Deal Foreshadows Future Enforcement

    Stephanie A. Cason

    In issuing its $5.55 million settlement with Advocate Health Care System — the largest Health Insurance Portability and Accountability Act settlement to date — the U.S. Department of Health and Human Services has signified a continued increase in enforcement actions and penalty amounts, but proactive compliance efforts can ensure successful completion of Office for Civil Rights audits and mitigate the risk of future losses due to H... (continued)