• 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

    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

    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

    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

    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 the insurer disregarded the Employee Retirement Income Security Act while administering an employee health benefit plan.

  • October 20, 2016

    CVS To Pay $600,000 To Settle Controlled Substance Claims

    CVS Pharmacy Inc. will pay $600,000 to settle federal prosecutors’ claims the retailer violated the Controlled Substances Act by failing to file certain paper prescription records properly at stores in Connecticut, the U.S. Department of Justice said Thursday.

  • October 20, 2016

    Escobar Dooms Doc-Switching Suit, Mt. Sinai Hospital Says

    Mount Sinai Hospital on Wednesday attacked a False Claims act suit targeting its switching of physician names on Medicare and Medicaid billing forms, telling a New York federal judge that misidentification wasn’t material under the U.S. Supreme Court’s Escobar decision.

  • October 20, 2016

    Staffing Pros Tell 9th Circ. The Job Is Menial, Merits OT

    A putative class of staffing coordinators asked the Ninth Circuit Thursday to reverse a ruling that found the work of matching nurses with hospitals for Arizona-based Concentric Healthcare Solutions doesn’t qualify for overtime pay under federal law, arguing they don't exercise enough discretion to count as overtime-exempt managers.

  • October 20, 2016

    Chancery 'Unlikely' To OK Nutrisystem Director Removal Rule

    A Delaware Chancery judge said Thursday that it would be “extremely unlikely” he’d rule that a Nutrisystem Inc. bylaw requiring a supermajority shareholder vote to remove a director squares with First State corporate law, but that it was “doubtful” company brass breached their fiduciary duties by adopting the rule.

  • October 20, 2016

    Omnicare Pays $2.24M To End FCA Suit Over Improper Billing

    CVS Health’s Omnicare Inc. subsidiary will pay $2.24 million to settle allegations that it violated the False Claims Act by improperly billing government health care programs for prescription drugs prior to its acquisition by CVS last year, the U.S. Department of Justice announced Thursday.

  • October 20, 2016

    Ohio School Can't Stay Trans Student's Bathroom Case

    An Ohio school district must continue to let a transgender student use the bathroom that matches her gender identity while the district appeals the ruling, a federal judge said Thursday, affirming his decision that the girl will likely succeed on her Title IX and Equal Protection Clause claims.

  • October 20, 2016

    AT&T Tells Texas Court To Drop ERISA Insurance Dispute

    AT&T on Wednesday told a federal judge in Texas to dismiss a complaint brought by RedOak Hospital LLC alleging that it violated the Employee Retirement Income Security Act, because the “elaborate scheme” it alleges exists — whereby the hospital was stiffed on patient bills — is nothing more than an accounting dispute. 

  • October 20, 2016

    EEOC Urges Judge To Uphold 'Onionhead' Religion Decision

    There is no basis for a New York federal judge to reconsider her decision that a belief system called "Onionhead" is a religion, the U.S. Equal Employment Opportunity Commission argued Wednesday, saying a health network's bid to challenge the ruling was futile.

  • October 20, 2016

    Whistleblower Drops Multimillion-Dollar Lincare FCA Suit

    A former Lincare Inc. employee has voluntarily dropped her False Claims Act case against the medical equipment supplier for allegedly defrauding the federal government out of "tens, if not hundreds, of millions" of dollars by billing Medicare for unreimbursable equipment and not providing obligatory repair services, a Florida federal judge said on Wednesday.

  • October 20, 2016

    Aetna-Humana Row Survives ACA Exchange Exits, DOJ Says

    With trial nearing, competition officials urged a D.C. federal judge on Thursday not to toss allegations the Aetna-Humana merger would stifle competition in Affordable Care Act markets after the companies pulled out of several exchanges, likening such dismissal to closing the blinds on an otherwise functioning factory.

  • October 20, 2016

    Kan. AG Takes Back Dred Scott Cite In Abortion Case

    Kansas Attorney General Derek Schmidt apologized Wednesday for defending a law banning the most common method of second-trimester abortions by affirmatively citing Dred Scott v. Sandford, the 1856 U.S. Supreme Court case that upheld slavery as constitutional and declared African Americans can’t be citizens.

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.