• August 26, 2016

    UNC Can't Enforce Bathroom Law Against ACLU 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.

  • August 26, 2016

    Bird Poop Condo Coverage Invalid, Insurer Says

    An insurer of a condo association and property manager told an Arizona federal judge on Thursday that it has no obligation to help defend a lawsuit by a condo owner who said she got sick from bird poop that piled up near her unit because of an exclusion in a policy.

  • August 26, 2016

    Feds Urge 3rd Circ. To Deny Rehearing Bid In Menendez Case

    Federal prosecutors on Thursday urged the Third Circuit to reject U.S. Sen. Bob Menendez’s request for full circuit review of a decision upholding charges he unlawfully assisted a Florida eye doctor in exchange for gifts and political contributions, saying an examination into whether his alleged acts are protected from judicial scrutiny was properly done.

  • August 25, 2016

    3rd Circ. Shuts Down Class Action Over Benecard Data Breach

    Benecard Inc. beat a proposed class action accusing the company of negligence after a data breach of employees’ and customers’ personal information that hackers then used to create phony tax returns as the Third Circuit ruled Thursday that Pennsylvania’s economic loss doctrine barred the suit.

  • August 25, 2016

    ExamWorks Investors Seek Stock Appraisal After $2B Buyout

    Investors in independent medical exam company ExamWorks Group Inc. petitioned the Delaware Chancery Court on Thursday to appraise the value of its shares now that the deal for Leonard Green & Partners to purchase it in an all-cash deal worth about $2.2 billion has closed.

  • August 25, 2016

    WR Grace, Hospital Must Mediate Asbestos Property Claims

    A Delaware bankruptcy judge on Thursday denied an attempt by Anderson Memorial Hospital to revive a proposed class action against reorganized mining and material company W.R. Grace & Co. for alleged property damage from asbestos-laced material and ordered the parties into mediation.

  • August 25, 2016

    26 Companies Can't Wade Into Blue Cross Antitrust Suit

    Twenty-six self-insured companies that got the Sixth Circuit to vacate a $30 million settlement resolving class action antitrust claims against Blue Cross Blue Shield of Michigan cannot intervene as the matter proceeds on remand, a federal judge held Thursday, saying the litigation wasn’t remanded to reconsider a previously denied intervention request.

  • August 25, 2016

    Fla. Justices Say Suicide Malpractice Case Should Go To Jury

    The Florida Supreme Court on Thursday revived a medical malpractice suit claiming a doctor should have prevented a patient's suicide, ruling that the doctor has a duty of care to his patient and the issue of whether he could have foreseen the suicide is one for a jury to determine.

  • August 25, 2016

    Ex-Rite Aid GC Appeals Chancery Toss Of Fraud Case Fee Bid

    Rite Aid Corp.’s former general counsel, who was once imprisoned in connection with an accounting scandal more than a decade ago, on Thursday appealed the Delaware Chancery Court’s decision denying his bid for the pharmacy company to cover the legal fees and expenses associated with his criminal conviction.

Expert Analysis

  • 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)

  • From BigLaw To Your Own Firm: 4 Tips For Legal Startups

    Russell Shinsky

    Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.

  • FTC Alums: 5 Institutional Challenges For The FTC

    William E. Kovacic

    The five institutional challenges confronting the Federal Trade Commission deal with fundamental assumptions that guided the agency’s creation. These challenges are policy perennials and will face the agency regardless of who wins the 2016 presidential election, says former FTC Chairman William Kovacic, a professor at George Washington University Law School.

  • 4 Communications Fundamentals For High-Stakes Litigation

    Michael J. Gross

    The court of public opinion can mete out judgments as harsh as those rendered by a court of law, which is why communications professionals and attorneys should be working together to protect their clients’ reputation and advance their legal objectives as litigation proceeds, as well as when decisions or settlements are reached, say Michael Gross and Walter Montgomery at Finsbury.