• October 21, 2016

    Ex-Blue Shield Exec Can't Ditch Suit Over Revealed Secrets

    A California judge ruled Friday that a former Blue Shield of California executive accused of divulging confidential records while publicizing the company's alleged abuses of its nonprofit status doesn't have an automatic First Amendment right to escape his former employer's breach of contract suit.

  • October 21, 2016

    Church-Linked Hospitals Urge Justices To Hear ERISA Cases

    Church-affiliated hospital networks in New Jersey and Illinois once again urged the U.S. Supreme Court this week to weigh in on whether employee retirement plans maintained by such organizations are exempt from the federal Employee Retirement Income Security Act, citing the potential for dire financial impacts from recent circuit court decisions.

  • October 21, 2016

    PE Fund Turns To High Court In Texas Hospital Buy Suit

    Several entities tied to private equity fund Nautic Partners LLC have asked the U.S. Supreme Court to keep them from facing Texas state court claims they poached a prime hospital acquisition target, saying the Texas Supreme Court made an end run around due process rights.

  • October 21, 2016

    SuperValu Can't Shed FCA Suit Over Pharmacy Prices

    An Illinois federal judge on Friday kept alive a False Claims Act suit accusing SuperValu pharmacies of charging the government more than the general public, finding that lower drug prices could be “usual and customary” regardless of how often they were actually paid.

  • October 21, 2016

    Fla. Pharmacy Owner To Settle Tricare Fraud Charges For $4M

    The part owner of a Florida pharmacy has agreed to pay $4.25 million to settle prosecutors' claims he knowingly billed certain federal health care programs for services that were not eligible for reimbursement.

  • October 21, 2016

    Illinois Senate Contenders Diverge On Trade, Health, Banks

    Lawyers watching for a possible shift of power in the U.S. Senate this fall may want to keep their eyes on Illinois, where a closely watched race has two candidates offering competing visions on U.S.-led trade agreements, the future of the Affordable Care Act, and how the government should regulate the financial industry.

  • October 21, 2016

    US Given Chance To Refile $320M FCA Suit

    A Florida federal judge on Friday clarified that the dismissal of a whistleblower’s $320 million False Claims Act suit against a hospice care provider does not affect the government’s ability to file its own lawsuit over the alleged wrongdoing.

  • October 21, 2016

    Health Hires: Crowell & Moring, Goodwin, Faegre

    Crowell & Moring LLP has added an Employee Retirement Income Security Act and Affordable Care Act partner in its corporate, health care, tax and labor and employment groups. Goodwin Procter LLP grew its life sciences practices through a partner from U.S. Food and Drug Administration boutique Kleinfeld Kaplan & Becker LLP, and a UnitedHealth Group attorney has joined Faegre Baker Daniels’ insurance and health practices.

  • October 21, 2016

    HealthEquity's PE Backers Shed Stakes In $89.6M Offering

    A pair of HealthEquity Inc. private equity investors again sold stakes in the health account administrator as part of a secondary offering that priced Thursday, raising about $89.6 million in the process.

  • October 21, 2016

    9th Circ. Urged To Revive FCA Suit Against USC Hospital

    A former patient of the University of Southern California's Keck Hospital urged the Ninth Circuit on Friday to revive her False Claims Act whistleblower suit alleging the university billed Medicare over $11 million in inapplicable facility fees, arguing the trial court erroneously held she didn't tell USC her theory of liability.

  • October 21, 2016

    McDermott Gains Transactional Partner From Locke Lord

    A former longtime Locke Lord LLP partner specializing in corporate and transactional matters for technology and life sciences companies in cross-border situations has joined McDermott Will & Emery LLP as a partner in its Boston office, the firm has said.

  • October 21, 2016

    Temasek Partners With Asian Healthcare Co. In $250M Deal

    Columbia Pacific Management, a developer and operator of hospitals and clinics across Asia, received a $250 million investment from Singaporean investment firm Temasek, kicking off a joint venture that will see Columbia China expand its health care operations in China.

  • October 21, 2016

    Medical Co. Never Bought Duty To Defend, Insurer Says

    Twin City Fire Insurance Co. urged a California federal judge not to grant summary judgment to policyholder Braden Partners LP in a coverage suit over an underlying whistleblower False Claims Act suit, saying Braden never bought duty-to-defend coverage and can’t be reimbursed for $3 million.

  • October 21, 2016

    SC Health Giant Wants Plug Pulled On $50M Antitrust Suit

    Palmetto Health urged a South Carolina federal court Friday to toss a $50 million suit alleging the health care giant maintains an unfair monopoly on inpatient hospital services covered by commercial health plans, saying doctors who quit other providers en masse to join Palmetto were simply dissatisfied.

  • October 21, 2016

    Rainmaker Q&A: Atkinson Andelson's Paul Fleck

    Early in a career life experience can be a good substitute for legal experience. Once, after I described my experience working at a bank and being involved in a takeover robbery, it was clear to the client I understood the risks in their business and how to prepare for and address these issues on a practical as well as legal level, says Paul Fleck, head of the private labor and employment practice group at Atkinson Andelson Loya Ruud & Romo.

  • October 21, 2016

    Planned Parenthood Wins Suit Over Miss. Abortion Law

    A Planned Parenthood affiliate won its challenge Thursday to a Mississippi law that would have ended abortion providers' Medicaid funding, after the state conceded that a recent Fifth Circuit decision controlled the case and a federal judge dismissed it and barred the statute's enforcement.

  • October 21, 2016

    2 Blue Cross Support Orgs Escape Antitrust MDL

    An Alabama federal judge on Thursday let off the hook two organizations accused in multidistrict litigation of conspiring with Blue Cross Blue Shield insurance plans to fix prices paid to medical providers, saying they were “pawns” of their BCBS owners and were incapable of engaging in the alleged scheme.

  • October 21, 2016

    NY Blood & Cancer Center To Pay $5.31M In FCA Deal

    Hudson Valley Hematology Oncology Associates RLLP will pay $5.31 million and admit to a five-year scheme in which it defrauded Medicare and Medicaid by using improper copay waivers and billing codes, New York federal prosecutors announced Friday.

  • October 21, 2016

    Texas Justices Take Andrews Kurth Malpractice Suit

    The Texas Supreme Court on Friday granted review in a case alleging Andrews Kurth LLP lawyers drafted a faulty health care investment agreement and flubbed subsequent litigation, with former clients arguing their claims were wrongly dismissed.

  • October 21, 2016

    Blue Cross Fights Mich. Tribe's Doc Bid In ERISA Suit

    Blue Cross Blue Shield of Michigan on Thursday fought a bid by the Little River Band of Ottawa Indians to compel the insurer to disclose information about its allegedly hidden fees in the tribe’s suit claiming Blue Cross disregarded the Employee Retirement Income Security Act while administering an employee health benefit plan.

Expert Analysis

  • OPINION: The 2nd Circ.'s Misguided Approach To Antitrust

    David Balto

    The Second Circuit's recent decision in American Express obscures the purpose of the antitrust laws, is inconsistent with decades of antitrust jurisprudence, and will handicap the ability of the antitrust agencies and courts to challenge anti-competitive conduct in dozens of markets, says David Balto, a former policy director at the Federal Trade Commission.

  • Don't Forget To Consider State Privacy Laws In M&A

    Excerpt from Lexis Practice Advisor
    George H. Wang

    All businesses with a website may be said to have reach into, and presence in, every state. Therefore, due diligence into information management compliance of a U.S. target company requires cognizance of the laws of at least 52 separate jurisdictions, say George Wang and Kenneth Rashbaum of Barton LLP.

  • When Your Client Is The President


    I went to the law books, where I discovered the crime of “obstruction of justice,” and realized I was right in the middle of a criminal conspiracy. I didn't fully understand my conduct during Watergate until — decades later — I learned about the psychology of cover-up at work, says John Dean, who served as White House counsel for President Richard Nixon.

  • Trial Pros’ Secret To Courtroom Success

     Jamin S. Soderstrom

    Somewhat surprisingly, very few of the dozens of "trial pros" who have been interviewed by Law360 have revealed the secret to effective trial preparation that is vital to their success. But ultimately, the “secret” to effective trial preparation is not actually a secret, says Jamin Soderstrom of Soderstrom Law PC.

  • DTSA's Reach Extended To Continuing Misappropriation

    Casey Griffith

    Recent federal court decisions in Adams Arms and TriZetto support the interpretation that any post-Defend Trade Secrets Act misappropriation — including continued misappropriation commenced prior to DTSA enactment — is subject to the DTSA. Consequently, trade secret claimants may have even easier access to federal court than previously thought, say Casey Griffith and Michael Barbee of Griffith Bates Champion Harper LLP.

  • 1 Year After Yates Memo: The DOJ's Yates-Lite Approach

    Joan E. Meyer

    There have been no major signs of a Yates memo impact on large multijurisdictional cases. But the U.S. Department of Justice has issued significant settlements in the last year and presumably has the information included in those agreements to initiate individual prosecutions. So why haven’t we seen a significant increase? asks Joan Meyer of Baker & McKenzie LLP.

  • OPINION: Social Security Disability At 60

    Barbara Silverstone

    Since its inception 60 years ago, the United States Social Security disability insurance program has provided vital financial support to millions of American families. Now, as the Social Security Administration faces woefully inadequate funding and staffing, disabled Americans need more lawyers to help them navigate the complex system, says Barbara Silverstone, executive director of the National Organization of Social Security Clai... (continued)

  • Why Telemedicine Is About To Take Off

    Robert E. Annas

    For decades, rural and community hospitals have struggled to attract and retain doctors, due to the difficulty of sustaining consistent work in rural areas. However, advancements in telemedicine may be the solution to this problem, reshaping dealmaking in health care as we know it, says Robert Annas, senior managing director at Solic Capital LLC.

  • What To Know About CMS Medicare Physician Payment Reform

    Miranda A. Franco

    At nearly 2,400 pages, the enormity of the Centers for Medicare and Medicaid Services' recently released final rule implementing Medicare physician payment reform reflects the transformative intent of the law. Miranda Franco of Holland & Knight LLP discusses key highlights and takeaways from the new rule.

  • OPINION: How Courts Have Mislabeled Human Embryos

    Rita Lowery Gitchell

    The Tennessee Supreme Court's 1992 Davis v. Davis decision relied on scientifically false premises and failed to grasp that a human embryo, upon fertilization, is a created human being. The flawed scientific premises resulted in flawed legal conclusions, which has led to judicial acceptance of clinic forms mislabeling human embryos as cells, tissue or property, says Rita Lowery Gitchell of the Thomas More Society.