• May 24, 2016

    FTC Says Chicago-Area Hospital Merger Would Raise Costs

    The Federal Trade Commission told an Illinois federal court Tuesday that evidence in a hearing over a bid to block a proposed merger of two Chicago-area hospitals shows the combination would hurt competition and raise prices for services.

  • May 24, 2016

    Fla. Clinic, Medical Device Co. Settle Row Over Award

    The owner of a physical therapy clinic specializing in treating Parkinson’s disease and a Swiss medical device manufacturer he had partnered with told a Florida federal court Monday they settled a dispute over the confirmation of an arbitral award arising out of their failed venture.

  • May 24, 2016

    Ringleader In $2M Medicare Fraud Gets 15 Months

    The former owner of a home health care business will spend 15-months in prison for running a $1.8 million scheme to send inflated patient bills to Medicaid, according to a judgment entered Monday in Illinois federal court.

  • May 24, 2016

    ACLU Seeks Docs On Catholic Hospitals' Pregnancy Care

    The American Civil Liberties Union on Tuesday accused the federal government of violating the Freedom of Information Act by failing to produce complaints against Catholic hospitals that allegedly withheld appropriate care from pregnant women. 

  • May 24, 2016

    US Backs Mass. Sick Time Law In Row With CSX And Amtrak

    The federal government told a Massachusetts federal court on Monday that the commonwealth’s new paid sick leave law is not preempted by a federal law that provides wage replacement for sick railroad workers, a boost for the state as it faces a lawsuit from CSX Transportation Inc. and Amtrak.

  • May 24, 2016

    Medtronic Can't Shake FCA Kickback Claims

    A Massachusetts federal judge said Monday he would let most of a False Claims Act suit against Medtronic Inc. go through, including allegations of kickbacks and whistleblower retaliation, but dismissed claims regarding improper off-label promotion.

  • 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

    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

    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

    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

    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 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

    NFL Alumni Org Can’t Escape $1M Breach Of Contract Suit

    A federal judge in Florida on Thursday denied the National Football League Alumni Association’s request to shoot down claims in a suit accusing it of cutting a retired player out of a $1.1 million annual payout related to an assisted living facility development. 

  • May 20, 2016

    Insurer Can Push Bad Faith Claim Over $31M Deal, Court Says

    A Rhode Island federal judge on Friday allowed Ironshore Specialty Insurance Co. to proceed with a claim that Columbia Casualty acted in bad faith by failing to settle a medical malpractice action against a hospital within its policy limits, which ultimately led the insurers to resolve the case for $31.5 million following a hefty jury verdict.

Expert Analysis

  • An FCA Update As We Await High Court's Escobar Decision

    Brad Robertson

    The federal False Claims Act may soon be reshaped. With a case pending before the U.S. Supreme Court on the controversial theory of implied false certification, a pair of interesting cases in the Second Circuit and a recent House Judiciary Subcommittee raising issues of FCA reform, the law may face changes in text or interpretation, say attorneys with Bradley Arant Boult Cummings LLP.

  • Unclaimed Property Auditors Move Beyond Life Insurers

    Wilson G. Barmeyer

    The same contingency-fee unclaimed property auditors that targeted life insurance companies are now turning their focus to other types of insurance, like health insurance and property and casualty insurance, raising a host of unique issues, say Wilson Barmeyer and Mary Jane Wilson-Bilik at Sutherland Asbill & Brennan LLP.

  • Panama Papers: Reminders About Law Firm Cybersecurity

    Sean Doherty

    Nowhere is the attractiveness of law firms as cybercrime targets more evident than the recent Mossack Fonseca hack, believed to be the most significant data theft event in history. Firms represent a treasure trove of information and historically have had dreadful cybersecurity practices. There has been some progress, but firms can also commit to better defending their information by taking a simple, three-step approach, says Sean D... (continued)

  • 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.