• September 15, 2014

    7th Circ. Puts Indiana Same-Sex Marriage Ruling On Hold

    The Seventh Circuit granted Indiana's attorney general a stay on Monday that blocked its ruling invalidating the state's ban on same-sex marriage from taking effect until the U.S. Supreme Court takes action on the state's petition to have the appeals court ruling overturned. 

  • September 15, 2014

    Aetna Can't Close Book On Underpayment Saga, Class Says

    Aetna Inc. caught flak for its bid to dismiss the latest complaint filed in long-running antitrust and racketeering multidistrict litigation against the insurer for allegedly underpaying insurance claims, with a putative class arguing Friday that the new complaint is a necessary update and strengthens their claims in the seven-year battle.

  • September 15, 2014

    Feds Get Heat For Oversight Of Ark. Medicaid Expansion

    Reacting to a government watchdog’s report, two high-ranking GOP lawmakers on Monday demanded the Obama administration explain its oversight of spending under Arkansas’ unusual Medicaid expansion, which uses federal dollars to buy private insurance.

  • September 15, 2014

    Fla. AG Moves To Join 4 Gay Marriage Suits To Cut Confusion

    Florida Attorney General Pam Bondi moved to intervene Friday in four cases challenging the state's ban on same-sex marriage, saying her office's clear involvement is needed to promote an “orderly and consistent resolution” to the common issue running through them.

  • September 15, 2014

    Epstein Becker Seeks Toss Of Oncologist's Malpractice Suit

    Epstein Becker & Green PC has asked a Texas state court to throw out a malpractice suit brought by a Houston oncologist who says the firm should not have released a document that was used by the former general counsel of his clinic in employment litigation.

  • September 15, 2014

    Noel Canning Halts NLRB's Appeal, New Vista Tells 3rd Circ.

    New Vista Nursing and Rehabilitation LLC urged the Third Circuit on Monday to table the rehearing of a National Labor Relations Board appeal in an unfair labor practices dispute because two agency orders at issue involve two agency members found to be invalidly appointed in the U.S. Supreme Court's blockbuster Noel Canning ruling.

  • September 15, 2014

    Data Issues Threaten ACA Coverage For 500K Consumers

    Nearly 500,000 Americans are poised to see their Affordable Care Act coverage canceled or become more expensive because of conflicting information regarding their citizenship or income, far fewer than once feared, the Obama administration said Monday.

  • September 15, 2014

    ACE Won't Pay Amerisource's Attys' Fees After Pa. Appeal

    The Pennsylvania Superior Court on Monday upheld a decision finding that ACE American Insurance Co. is not on the hook to reimburse AmerisourceBergen Corp. for attorneys' fees and related costs in defending a False Claims Act suit that led to a $15 million settlement.

  • September 15, 2014

    Pa. Auditor To Probe Corbett's Medicaid Waiver Spending

    Pennsylvania Auditor General Eugene DePasquale said Monday his office has asked Gov. Tom Corbett to account for $48 million his administration said it spent preparing for the launch of its recently approved waiver plan to expand Medicaid under the Affordable Care Act.

  • September 15, 2014

    Walgreen Blasts 'Chutzpah' Of Attys' Fee Bid In Pfizer MDL

    Walgreen Co. urged a New Jersey federal court Friday to deny class counsel a cut of the fees from Walgreen's antitrust settlement with Pfizer Inc. over its epilepsy treatment Neurontin, saying class counsel in the multidistrict litigation actively worked against Walgreen after it opted out of the class.

  • September 15, 2014

    Kirkland, Latham Guide $2.7B Cognizant-TriZetto Merger

    Information technology and consulting firm Cognizant Technology Solutions Corp. will pay $2.7 billion to acquire health care software provider TriZetto Corp. from private equity firm Apax Partners LLP in an effort to expand its health care industry presence, the company said Monday.

  • September 12, 2014

    States Ask High Court To Overturn 7th Circ. Marriage Ruling

    Indiana and Wisconsin have asked the U.S. Supreme Court to review the Seventh Circuit’s recent decision overturning the states’ bans on same-sex marriage, arguing the cases provide ideal sets of facts to support a broader ruling on the historic issue by the high court.

  • September 12, 2014

    OIG Rips 15-Year Delay Of Medicare Rural Clinic Pay Rule

    The failure of federal regulators to take action ordered by Congress in the late 1990s means that hundreds of rural clinics may be receiving enhanced Medicare and Medicaid reimbursements despite not meeting location requirements, the Office of Inspector General at the U.S. Department of Health and Human Services said Friday.

  • September 12, 2014

    Antitrust Group Decries Mass. AG's Partners Hospital Deal

    The American Antitrust Institute is urging a Massachusetts judge to reject the state attorney general's settlement allowing Partners Healthcare System to acquire three hospitals, saying the the benefits of an oversight agreement will be ephemeral and too difficult to enforce.

  • September 12, 2014

    Suit Over Fatal Meningitis Outbreak Hits Health Providers

    A host of health care providers and facilities and individuals connected with New England Compounding Center were slapped with a lawsuit in New Jersey federal court Wednesday for their alleged roles in the deadly 2012 meningitis outbreak that killed 64 and sickened 751 nationwide.

  • September 12, 2014

    Fla. Firm Blalock Walters Opens Office In St. Petersburg

    Florida law firm Blalock Walters PA announced Thursday that it has opened a new office in downtown St. Petersburg, with plans to offer its full range of services with a focus on health care, labor and employment, and business and corporate work.

  • September 12, 2014

    Citigroup Can't Keep Lawyer's Contract Suit In Fed. Court

    An attorney who alleges Citigroup Inc. used his idea for a marketing program geared toward health care providers without proper payment won in part his bid to remand the case to New York state court on Friday, with a federal judge ruling that his contractual claims are not preempted by the Copyright Act.

  • September 12, 2014

    Home Depot Probe Can Offer Lesson: Rep.

    The House Committee on Oversight and Government Reform's top Democrat on Thursday requested a bipartisan hearing into the recent The Home Depot Inc. data breach, saying the retailer's experience could provide useful insight for protecting

  • September 12, 2014

    HHS Urges End To Hospitals' Appeals Backlog Suit

    The U.S. Department of Health and Human Services is attacking an American Hospital Association lawsuit aimed at clearing an epic backlog of appealed billing claim denials, telling a D.C. federal judge that providers don’t have an absolute right to timely hearings.

  • September 12, 2014

    Epstein Becker Green Adds Ex-Paul Hastings Health Care Ace

    Epstein Becker & Green PC has strengthened its health care, life sciences and transactional and corporate service practices with the addition of a former Paul Hastings LLP attorney to the company’s Los Angeles office, the firm said on Thursday.

Expert Analysis

  • No Industry Is Safe From TCPA Litigation

    Richard Benenson

    In recent years, the number of private actions filed under the Telephone Consumer Protection Act has risen sharply, but perhaps more concerning is that litigants are using the act to target an increasingly broad range of industries, say attorneys with Brownstein Hyatt Farber Schreck LLP.

  • ACA Tax Subsidy Dispute May End Up Before High Court

    J. Peter Rich

    Given the political composition of the D.C. Circuit as it prepares to hear Halbig v. Burwell en banc, it is expected that the full court will rule in favor of the government, which may ultimately result in appeal to the U.S. Supreme Court, say J. Peter Rich and Lauren D'Agostino of McDermott Will & Emery LLP.

  • OPINION: Pro Bono May Help Diversity Recruiting Efforts

    David A. Lash

    A recent Law360 article about the perennial BigLaw concern over how to recruit and retain female and ethnically diverse attorneys addressed a new approach being taken by some law firms — going beyond traditional mentoring programs by creating a sponsorship relationship. Pro bono can also play a part, say David Lash and Merle Vaughn of the Association of Pro Bono Counsel.

  • Indian Health Service Recovery Efforts Are Overreach

    Darryl T. Landahl

    Although regulators may argue otherwise, there is no known legal support for the position that 25 U.S.C. § 1621e(a) preempts all plan limitations from Native American health providers' recovery claims or that the statute was intended to provide unabated coverage for services from such a provider, say Darryl Landahl and Shelley Nordling of Brownstein Hyatt Farber Schreck.

  • How Research Efficiency Impacts Law Firm Profitability

    David Houlihan

    For a law firm, excess time dedicated to legal research generates waste, either in the form of artificially reduced billable hours or, particularly in flat or contingency fee projects, as overhead eroding the profitability of legal work. By measuring five factors, firms will begin to understand their own opportunities for improving profits, says David Houlihan of Blue Hill Research Inc.

  • FCC Health Fund Points To Next-Generation Network Growth

    Randall B. Lowe

    Next-generation networks are on the rise and the Federal Communications Commission's Healthcare Connect Fund offers health care providers the ability to reverse the trend of decreasing revenues and increasing costs while delivering new and improved services, says Randy Lowe of Davis Wright Tremaine LLP.

  • 7th Circ. Limits FCA 'Worthless Services' Theory

    Ty Howard

    While Absher v. Momence Meadows Nursing Center Inc. leaves open the potential that a worthless services theory could give rise to False Claims Act liability, the Seventh Circuit’s interpretation severely limits such liability to those cases in which a defendant effectively provided no service of value at all, says Ty Howard of Bradley Arant Boult Cummings LLP.

  • Best Business Planning Practices For Lawyers

    Jenn Topper

    Each lawyer's practice is a self-run business, even within the platform of a firm, and yet the level of entrepreneurialism within the practice of law is oftentimes marginalized, says legal industry business development specialist Jenn Topper.

  • Carrots, Sticks And Insurance Premium Discounts

    Norman G. Tabler Jr.

    Is there any distinction between withholding a carrot — denying a policyholder a $100 premium reduction — for going out of network and applying a stick — imposing a $100 penalty — for going out of network? The U.S. Department of Health and Human Services' schizophrenic treatment of the issue seems to think so, says Norman Tabler Jr. of Faegre Baker Daniels LLP.

  • Less Than Meets The Eye: Amicus Briefs In St. Luke’s

    David Balto

    An analysis of the amicus briefs in the Federal Trade Commission’s challenge to the St. Luke’s Health System merger, currently before the Ninth Circuit, suggests why those who care about health care reform should be very concerned that the FTC’s action and the district court’s decision have set us off on an unwise course, says David Balto, former policy director of the FTC's Bureau of Competition.