• 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.

  • November 24, 2015

    Ex-Hospital CFO, Docs Guilty In $580M Referral Billing Scheme

    Four people, including the former chief financial officer for a Long Beach, California, hospital at the center of a health care fraud and kickback scheme, have reached plea agreements admitting to being involved in the nearly $600 million billing scheme over spinal surgeries, federal prosecutors announced Tuesday.

  • November 24, 2015

    LabMD Sues 3 FTC Lawyers Over Data Security Case

    Fresh off a decisive victory over the Federal Trade Commission’s suit accusing it of failing to protect customers’ data, LabMD Inc. said in Washington federal court on Friday that three agency attorneys behind the case destroyed its business by illegally and unethically prosecuting the company based on bogus evidence.

  • November 24, 2015

    Anthem Says Data Breach MDL Should Be Tossed

    Anthem urged a California federal court to toss multidistrict litigation over a health insurance data breach affecting 80 million people on Monday, saying the consumers suffered no harm from the breach and had shoehorned their proposed class claims into inapplicable state laws.

  • November 24, 2015

    Medco Says Ex-Worker Can’t Bring FCA Suit

    Medco Health Solutions Inc. asked a Delaware federal judge to throw out a former employee’s False Claims Act suit alleging the pharmacy benefit company defrauded state and federal insurance programs by hiding discounts it received on drugs, saying the employee lacks the firsthand knowledge of the discounts necessary to bring the suit.

  • November 24, 2015

    Spirit Tells 6th Circ. Arbitrator Steamrolled Health Row

    Spirit Airlines on Monday again urged the Sixth Circuit to invalidate an arbitrator’s ruling extending health care benefits to domestic partners of the airline’s flight attendants, saying the trial court and a flight attendants’ union ignored precedent that found the arbitrator exerted undue weight.

  • November 24, 2015

    Health MVP: Zuckerman Spaeder's D. Brian Hufford

    Zuckerman Spaeder LLP partner D. Brian Hufford’s commitment to holding insurance companies accountable in health care disputes saw several major wins this year including a September ruling that health care providers can exercise ERISA rights assigned by their patients, landing him among Law360’s Health MVPs for 2015.

  • November 24, 2015

    Shearman Says Ex-Employee Faked Med Docs In FMLA Suit

    Shearman & Sterling LLP said the former employee suing them in New York federal court for allegedly wrongfully termination because of her medical condition provided the firm with falsified medical documents to exaggerate her disability.

  • November 23, 2015

    Health, Life Sciences Cos. Have Most IP Theft Issues: Report

    Health care, pharmaceutical and biotechnology companies have the most widespread intellectual property theft issues of all industries surveyed for a global fraud report, despite the fact that these are the least likely businesses to be affected by any type of fraud, the report said.

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.