• November 25, 2015

    Health, Enviro Orgs Seek To Join EPA Ozone Row In DC Circ.

    A group of environmental and health organizations told the D.C. Circuit on Tuesday that they want to help defend the U.S. Environmental Protection Agency from an energy company's suit seeking to block the agency's recent tightening of ground-level ozone standards.

  • November 25, 2015

    FTC Appeals Unfavorable LabMD Data Breach Decision

    The Federal Trade Commission has asked its own commissioners to review a recent decision by an administrative law judge that threw out the agency’s data breach suit against medical testing company LabMD, filing an appeal just days after the ruling was handed down.

  • November 25, 2015

    NLRB Tells DC Circ. To Let Director Authority Decision Stand

    The National Labor Relations Board urged the D.C. Circuit on Tuesday to let stand its ruling that the board's regional directors didn't lose their authority to conduct and certify employee union elections during a period when there was not a quorum on the board, saying a health clinic's call for a full court review should be turned aside.

  • November 24, 2015

    IRS Won't Challenge Loss Over $24M LifeCare Sale Tax Bill

    The federal government told the Third Circuit on Monday that it has decided not to pursue its challenge over LifeCare Holdings Inc.'s $320 million bankruptcy sale to Carlyle Group LP that purportedly stiffed the Internal Revenue Service for $24 million in capital gains taxes.

  • November 24, 2015

    NJ High Court To Consider Insurance Fraud Standard

    The New Jersey Supreme Court on Tuesday agreed to review an appellate court's decision reversing a nearly $4 million judgment for Allstate and two affiliates, in a dispute over whether a business partnership that submitted claims to the insurer was intentionally structured in violation of state insurance fraud law.

  • November 24, 2015

    UnitedHealth Plan Reaches Settlement In ERISA Suit

    A UnitedHealth Group insurance plan has reached a settlement with a woman who filed a putative class action claiming improper calculations of benefits for employees who participated in Medicare but were also covered by plans UnitedHealth helped run, court documents showed.

  • November 24, 2015

    LabMD Sues 3 FTC Lawyers Over Data Security Case

    Fresh off a decisive victory over the Federal Trade Commission’s suit accusing it of failing to protect customers’ data, LabMD Inc. said in Washington federal court on Friday that three agency attorneys behind the case destroyed its business by illegally and unethically prosecuting the company based on bogus evidence.

  • November 24, 2015

    Anthem Says Data Breach MDL Should Be Tossed

    Anthem urged a California federal court to toss multidistrict litigation over a health insurance data breach affecting 80 million people on Monday, saying the consumers suffered no harm from the breach and had shoehorned their proposed class claims into inapplicable state laws.

  • November 24, 2015

    Medco Says Ex-Worker Can’t Bring FCA Suit

    Medco Health Solutions Inc. asked a Delaware federal judge to throw out a former employee’s False Claims Act suit alleging the pharmacy benefit company defrauded state and federal insurance programs by hiding discounts it received on drugs, saying the employee lacks the firsthand knowledge of the discounts necessary to bring the suit.

  • November 24, 2015

    Spirit Tells 6th Circ. Arbitrator Steamrolled Health Row

    Spirit Airlines on Monday again urged the Sixth Circuit to invalidate an arbitrator’s ruling extending health care benefits to domestic partners of the airline’s flight attendants, saying the trial court and a flight attendants’ union ignored precedent that found the arbitrator exerted undue weight.

  • November 24, 2015

    Shearman Says Ex-Employee Faked Med Docs In FMLA Suit

    Shearman & Sterling LLP said the former employee suing them in New York federal court for allegedly wrongfully termination because of her medical condition provided the firm with falsified medical documents to exaggerate her disability.

  • November 23, 2015

    Blue Cross Entities Want Out Of Anthem Data Breach MDL

    Blue Cross and Blue Shield insurance entities from four separate states on Monday asked a California federal judge to remove them from multidistrict litigation over a massive Anthem Inc. data breach affecting 80 million people, saying they are not subject to the court’s personal or general jurisdiction.

  • November 23, 2015

    Texas Pol Gets 1 Year For Barratry In Kickbacks Plot

    A Texas jury sentenced a state politician to one year in prison Monday, after convicting him on five barratry charges for an alleged scheme in which he and attorneys paid kickbacks to the owner of several chiropractic clinics, a district attorney's office said Monday.

  • November 23, 2015

    Extortion Claims Against Calif. Union Tossed As Repetitive

    A California judge on Monday blocked hospital management company Prime Healthcare Services Inc. from filing another complaint against the Service Employees International Union and a local affiliate, saying that allegations the union extorted the company in its bid for unionization are the same ones the judge dismissed in a separate lawsuit two years ago.

  • November 23, 2015

    7th Circ. Affirms Illegality Of Wis. Abortion Law

    A split Seventh Circuit panel on Monday affirmed a permanent injunction against a Wisconsin law requiring abortion providers to have admitting privileges at local hospitals, saying that it appeared to be an effort without added health benefit to block a woman’s constitutional right to an abortion.

  • November 23, 2015

    Consumers Seek Cert. Again In Medical Records Fee Row

    A class of consumers accusing HealthPort Technologies of illegally overcharging for access to medical records renewed their bid for certification on Monday, paring down the class definition after a New York federal judge’s order earlier this month.

  • November 23, 2015

    Nursing Home Worker In OT Suit Says Arbitration Doc Forged

    A California woman representing a putative class of nursing home employees asked a federal judge Monday to let her overtime suit move forward, saying her signature on a document her former employer said requires her to resolve disputes via arbitration was forged.

  • November 23, 2015

    Planned Parenthood Sues Texas Over Cut Medicaid Contracts

    Several Planned Parenthood affiliates and patients on Monday asked a Texas federal judge to stop the state from ending its Medicaid reimbursements to the nonprofit, arguing in a putative class action that the state’s move to revoke its contracts is purely political.

  • November 23, 2015

    Ex-MedCap CEO Reaches Deal With SEC Over Ponzi Scheme

    A California federal judge has paused a suit brought by the U.S. Securities and Exchange Commission against former Medical Capital Holdings Inc. CEO Sidney M. Field over his role in an alleged $1.7 billion Ponzi scheme, after Field and the SEC said they had reached a settlement.

  • November 23, 2015

    Ex-TPG Employee, Cousin Settle SEC Insider Trading Case

    A former employee of private equity firm TPG and his cousin have agreed to settle a U.S. Securities and Exchange Commission insider trading suit in New York federal court stemming from two health care industry acquisitions, according to Friday court documents.

Expert Analysis

  • OPINION: In Search Of Our Best Law Firm Selves

    James Maiwurm.jpg

    Several developments over the past few months caught the eye of Jim Maiwurm, chairman emeritus of Squire Patton Boggs. Try as he might, he could not resist the temptation to comment on a few — such as the expansion of the Dentons “polycentric” empire, a confused verein controversy, and provocative suggestions that the law firm partnership model is a dinosaur.

  • Nursing Home Arbitration Agreements Attacked From All Sides

    Norman Tabler Jr.

    Arbitration agreements in all consumer areas appear to be under attack. But the most venomous attacks are reserved for those that accompany nursing home admission forms, says Norman Tabler Jr., counsel with Faegre Baker Daniels LLP and former general counsel of Indiana University Health.

  • New Federal Rules Acknowledge It’s Time To Drop The 'E'

    Gregory Leighton

    The amendments to the Federal Rules of Civil Procedure scheduled to take effect Dec. 1 are designed to usher in a new era in the U.S. litigation system, this time acknowledging that what was once known as “e-discovery” is now just discovery. The amendments are sweeping in scope, but none is more important than the revised Rule 37(e), say Gregory Leighton and Eric Choi of Neal Gerber & Eisenberg LLP.

  • A Lawyer's Guide To Analyzing Age Discrimination Claims

    Lauren Levine

    In her Ehrbar v. Forest Hills Hospital ruling, Eastern District of New York Judge Margo Brodie deconstructs a motion for summary judgment dismissal of a disparate treatment age discrimination claim, and in doing so, provides both plaintiff and defense lawyers with a useful compendium of arguments, defenses, and the current state of age discrimination case law in the Second Circuit, say attorneys with Garfunkel Wild PC.

  • More Regulators Eye Health Info Blocking

    Jodi Daniel

    Congress, the U.S. Department of Health and Human Services, and certain states have taken action to identify and prevent “information blocking” by health care providers, hospitals, technology developers and service providers. And there likely will be more guidance, statutory and regulatory changes, and enforcement by federal agencies and states in the coming year, say Crowell & Moring LLP attorneys Jodi Daniel and Roma Sharma.

  • Class Counsel Fees Getting 'Intense Judicial Scrutiny'

    Carolyn Cole

    Recognizing that defendants have no duty and little incentive to object to an inflated class counsel fee request, and that class counsel have every incentive to increase their fees, Judge Richard Posner and the Seventh Circuit have filled this void by directing “intense judicial scrutiny” of class counsel fee awards. In doing so, the court identified issues all counsel now should consider when crafting a class action settlement, sa... (continued)

  • LabMD Is Major Setback For FTC In Data Security Cases

    Rebecca S. Engrav

    Until now, there has been no definitive ruling from any court on what proof is required to establish that a company’s act or practice “causes or is likely to cause substantial injury” in the data security context. The administrative law judge’s recent decision in LabMD suggests a high bar, say attorneys with Perkins Coie LLP.

  • 3 Ways Technology Is Changing Law Office Designs


    A growing number of attorneys and firms are eschewing tradition by embracing technology to change not only the way we work, but also the way we organize our offices, says Anthony Johnson, founder and CEO of American Injury Attorney Group.

  • 13 Key Business Objectives For Corporate Legal Departments

    Joe Kanka

    Over the past 35 years, Joe Kanka has experienced the corporate legal department from many angles, including management positions at a major law firm litigation support center, two legal staffing companies, and inside AT&T and Bell Atlantic. Here, he shares his 13 key business objectives that corporate legal departments must strive for in today’s business environment.

  • A Little-Known Powerful Tool To Fight Calif. Insurance Fraud

    Shawn Hanson

    There is little case law interpreting the California Insurance Frauds Prevention Act, but several rulings issued over the last 18 months have confirmed the statute’s expansive reach and potential for significant recoveries, say Shawn Hanson and Maria Ellinikos at Akin Gump Strauss Hauer & Feld LLP.