• May 23, 2016

    Atty Must Justify $540K Fees In VitalSpring Investor Suit

    A Delaware judge sought answers Monday for an unprecedented $540,000 interim attorney fee award in a still-pending case that saw shareholder Marvin Smollar win tentative corporate governance reforms for Shreedhar V. Potarazu's VitalSpring Technologies Inc., a health care data company that had never held an annual meeting.

  • May 23, 2016

    Ex-Health Co. VP Says New Evidence Could Dash $25M Verdict

    The former vice president of a health care staffing company who was hit with a $25.4 million verdict in a business dispute with the company's former president on Friday asked the court to defer entering the judgment until his ex-boss turns over evidence recently discovered to be in his possession.

  • May 23, 2016

    2 Suits Claim Fla. HMO Underpaid Doctors By Millions

    Coventry Health Care of Florida Inc. has been hit with a pair of lawsuits in state court in Miami over claims that it has underpaid out-of-network health professionals by millions of dollars for services they provided to the insurer's HMO members.

  • May 23, 2016

    American Capital Nets $97M On Treatment Center Sale

    American Capital has sold addiction and mental health treatment facility The Meadows of Wickenburg LP to a Kohlberg & Company LLC portfolio company in a deal that netted the Maryland-based private equity firm $97 million in proceeds, it said Friday.

  • May 23, 2016

    Reed Smith In Houston Snags Antitrust Pro From K&L Gates

    Reed Smith LLP has hired away experienced antitrust attorney Bruce Blefeld, whose practice has spanned industries from energy to pharmaceuticals, from K&L Gates and announced Monday he has joined the firm's Houston office as a partner.

  • May 23, 2016

    NFL Tried To Sway NIH Concussion Grants, House Report Says

    The NFL improperly attempted to influence the grant process for a scientific study on the degenerative brain condition known as CTE as part of a $30 million promised donation to the National Institutes of Health, according to findings from a congressional report released Monday.

  • May 23, 2016

    Medtronic, Ex-Sales Rep Settle Alleged Retaliation Suit

    A Texas federal judge on Monday dismissed a False Claims Act retaliation suit against Medtronic PLC after the medical device company and a former employee said earlier this month that they had reached a settlement.

  • May 23, 2016

    Deals Rumor Mill: Anthem, Teva, SF Holdings

    Anthem and Cigna are having behind-the-scenes issues that could complicate their $54.2 billion merger, Teva's $40.5 billion acquisition of Allergan's generics business is nearly a done deal, and Chinese package delivery firm SF Holdings will merge with a metals company in a complicated capital markets transaction.

  • May 23, 2016

    Doctor Says Counts In $34M Medicare Fraud Are Duplicative

    A Michigan doctor facing Medicare fraud and illegal kickback charges asked a federal court Friday to dismiss two counts in his indictment, arguing they are indistinguishable from each other in violation of the double jeopardy clause.

  • May 23, 2016

    GOP Unveils New Tactics To Reform ACA Programs

    Republican lawmakers on Monday revealed a new bill to eliminate individual and employer mandates from the Affordable Care Act, and reform rather than repeal the system, including Medicaid changes, adding a universal insurance tax credit and allowing states to opt out of insurance exchanges.

  • May 23, 2016

    Oil Explorer, Biotech Junk IPOs Amid Bumpy Market

    Energy explorer Freeport-McMoran Oil & Gas Inc. and biotech Viamet Pharmaceuticals Holdings LLC scrapped $186 million Friday in combined initial public offerings, revealing that the IPO market remains rocky despite recent improvement.

  • May 23, 2016

    Ex-Client Says Texas Law Firm Can't Shake Malpractice Claims

    A former Burt Barr & Associates LLP client asked a Texas federal judge Friday to uphold malpractice claims stemming from her inability to collect on a $3 million sexual harassment judgment against her onetime employer, saying she has sufficiently pleaded her allegations.

  • May 23, 2016

    Cardiac-Monitoring Firm Loses Appeal Over Loss Of VA Pact

    The Civilian Board of Contract Appeals has rejected a U.S. Department of Veterans Affairs contractor’s bid for nearly $500,000 for lost contract option years after its cardiac monitoring deals were terminated, saying the cancellation was not done in bad faith.

  • May 23, 2016

    Ex-Dartmouth Prof. Loses Bid To Sanction LabMD In Leak Row

    An ex-Dartmouth College professor who says LabMD recklessly brought time-barred defamation and racketeering claims against him saw his bid to sanction the cancer-testing company rejected by a Pennsylvania federal court Monday.

  • May 23, 2016

    Hospitals Call FTC's Dire Merger Forecast 'A Work Of Fiction'

    Two Chicago-area hospitals seeking a merger told an Illinois federal court Wednesday that the Federal Trade Commission has not shown that the proposed union will hurt competition, calling the government’s predictions of harm unrealistic and its analysis “a work of fiction.”

  • May 23, 2016

    High Court Won't Review 9th Circ.'s Pension Liability Test

    The U.S. Supreme Court on Monday declined to review a Ninth Circuit’s panel’s ruling on how to determine whether an employer is responsible for a predecessor’s liability for withdrawing from a pension plan under a federal law.

  • May 23, 2016

    NHI Acquires 5 Bickford Senior Facilities For $87.5M

    National Health Investors Inc. said Monday that it has exercised its purchase option to acquire five assisted living and memory care facilities owned and operated by Bickford Senior Living for $87.5 million.

  • May 20, 2016

    Pierre-Paul Medical Docs Release May Be Trouble For ESPN

    ESPN and its reporter are falling back on the First Amendment in defending a privacy lawsuit from New York Giants defensive end Jason Pierre-Paul over reports of injuries from a fireworks accident last summer, but experts say the sports media behemoth may not be able to get out of this lawsuit that easily since it involves medical records.

  • May 20, 2016

    Allied Presses 9th Circ. To Recoup $8M FTC Defense Costs

    Allied World National Assurance Co. continued to urge the Ninth Circuit on Friday to overturn a lower court's ruling that it can't recoup nearly $8 million it paid to defend St. Luke's Health System Ltd. in a Federal Trade Commission antitrust suit, asserting that the claims against the hospital network are excluded from coverage.

  • May 20, 2016

    Health Hires: K&L Gates, Norton Rose Get Health, IP Attys

    K&L Gates LLP this month boosted its health care team with the addition of a physician and attorney from Hogan Lovells. Norton Rose Fulbright grew its intellectual property group in Toronto with a partner focused on life sciences from DLA Piper.

Expert Analysis

  • 4th Circ. Takes A Conservative Approach To LGBT Rights

    Susan Warner

    While the Fourth Circuit’s recent ruling in Grimm v. Gloucester County School Board has been referred to as a landmark victory for transgender rights by some, a more careful reading of the decision indicates that the ruling was not necessarily a breakthrough for transgender rights, but a decision based on a conservative judicial approach to executive agency deference, says Susan Warner at Nelson Mullins Riley & Scarborough LLP.

  • Insurers Shouldn't Overreach In Gov't Investigations

    Nicholas P. Basco

    Insurance companies should be careful not to coordinate too closely with state agencies when assisting on insurance fraud investigations, so as to prevent possible civil rights and constitutional claims from individuals who may be investigation targets, like in Patel v. Allstate at the Third Circuit, says Nicholas Basco at Bressler Amery & Ross PC.

  • OPINION: Sotomayor's Solution To Pro Bono Is Incomplete

    David A. Lash

    In calling for mandatory pro bono service, U.S. Supreme Court Justice Sonia Sotomayor is effectively using her bully pulpit to advance the cause of access to justice for the poor. Her courageous leadership is a clarion call to action that must be heeded. But bold as it may be, the pronouncement is incomplete, says David Lash, managing counsel for pro bono at O’Melveny & Myers LLP and a member of the Association of Pro Bono Counsel.

  • Creating Barclay Damon: Lessons From A Law Firm Merger

    John P. Langan

    Joining two firms with long histories meant not only combining cultures, philosophies and deeply rooted ways of doing business, but also combining two IT systems, two accounting systems, and two ways of handling many other administrative functions. It didn't help that the firms had different fiscal year ends, says John Langan, managing partner of Barclay Damon LLP.

  • Breaking The Health Company Compliance Program Monopoly

    Michael Peregrine

    The new governmental focus on enforcing antitrust laws apart from the M&A area has specific implications to the health care industry. Many aspects of health company operations and strategy could potentially implicate civil and criminal antitrust laws addressing price-fixing, market allocation and similar illegal conduct, say partners with McDermott Will & Emery LLP.

  • Key Data Privacy And Security Concerns For Investment Firms

    Deborah Gersh

    While the security of personal and financial information has garnered most of the attention over the last 10 years, investment firms should also focus their attention on the protection of nonpublic information of potential transactions. In addition, firms that invest in the health care industry must also be aware of their obligations relating to the protection of health care data, say attorneys with Ropes & Gray LLP.

  • What Nonprofits Need To Know About Nonexempt Employees

    Benjamin E. Stockman

    The challenge for nonprofits of properly paying for "compensable time" will only get greater when the upcoming changes to the Fair Labor Standards Act's "white-collar" exemptions reclassify millions of employees nationwide as nonexempt — and thus overtime-eligible, say attorneys at Venable LLP.

  • Reflecting On The 20th Anniversary Of BMW V. Gore

    Andrew Frey

    On May 20, 1996, the U.S. Supreme Court held that a $2 million punitive damages award imposed for a tort that caused $4,000 in economic harm was unconstitutionally excessive. In the ensuing 20 years, BMW v. Gore has proved to be a foundational case in punitive damages jurisprudence. We were fortunate enough to have played a role in this historic decision, say Mayer Brown LLP partners Andrew Frey and Evan Tager and Maserati North Am... (continued)

  • Corporate Counsel: Consumer Becomes Provider (The Sequel)

    Mark A. Cohen

    Last week, we discussed why corporate legal departments are taking on so much more work themselves instead of outsourcing it to law firms. This is, of course, an ominous sign for law firms and the traditional partnership structure. So too is disaggregation and the emergence of legal service providers as well as others — notably the Big Four — poised to enter the gargantuan legal services market, says Mark A. Cohen of Legal Mosaic LLC.

  • How The House GOP Won Its Challenge Against The ACA

    Nicole M. Elliott

    The Obama administration suffered a key Affordable Care Act defeat when a D.C. district court enjoined any further reimbursements to health insurers for the ACA's cost-sharing reduction program, with the court noting that the U.S. House of Representatives' complaint was not about how the administration implemented the law, but how the administration funded the law, says Nicole Elliott at Holland & Knight LLP.