• January 20, 2017

    Insurer's Baseless Denial Is Bad Faith, Pa. Justices Told

    The estate of a woman who sued Conseco Health Insurance Co. over its handling of her cancer insurance claim told Pennsylvania's high court Thursday that its unreasonable denial of policy benefits sufficiently supports a bad faith claim, saying a separate finding of ill will or self-interest on the carrier's part is not required.

  • January 20, 2017

    Head Of Meningitis-Linked Pharmacy Called Regulators Inept

    The head of a compounding pharmacy whose mold-tainted drugs killed dozens of people in 2012 bragged in training videos about state regulators who didn't have a clue about the company's business, according to exhibits entered into evidence Thursday in the man's murder trial.

  • January 20, 2017

    Anthem Agrees To Lift Extra Step In Opioid Rehab Coverage

    Insurer Anthem Inc. has agreed to stop requiring that doctors answer questions about specific patients to obtain coverage for medication-assisted treatment for opioid abuse, removing an impediment to the therapy, New York Attorney General Eric T. Schneiderman said Thursday.

  • January 20, 2017

    Cohen Milstein Pushes For Class Counsel Nod In ERISA Suit

    Two law firms on Thursday continued their push to be appointed co-lead counsel in a putative class action accusing New Jersey’s St. Joseph’s Healthcare System of ERISA violations, telling a federal judge that four other courts have deemed them worthy of the role in similar suits.

  • January 20, 2017

    Taxation With Representation: Cravath, Weil, Jones Day, Davis

    In this week's Taxation With Representation, British American Tobacco is taking over Reynolds American for $49 billion, Exxon Mobil says it will pay up to $6.6 billion for companies with drilling properties in the Permian Basin, and Eli Lilly is set to purchase a migraine treatment developer for roughly $960 million.

  • January 20, 2017

    SEC Claims Assisted-Living Owners Mixed Bond Accounts

    The Securities and Exchange Commission on Friday told a New Jersey federal court that a pair of assisted living facility operators misappropriated million of dollars in investors funds to prop up failing facilities for their own benefit, saying one partner went so far as to say he had picked out his prison clothes.

  • January 20, 2017

    GAO Says It Saved $63B For Gov't In 2016

    The U.S. Government Accountability Office on Wednesday said it had helped save the federal government more than $63 billion in fiscal 2016, pointing to efforts such as helping to stem improper Medicare payments, cut procurement costs, and streamline tax collection.

  • January 20, 2017

    Sanction Bid in Dismissed IP Case Still Valid, Sloan Says

    A lawyer representing the Sloan Kettering Institute on Friday urged a New York federal judge to keep alive a sanction bid against counsel for a gene therapy company that sued the cancer researcher, despite the recent dismissal of the underlying lawsuit.

  • January 20, 2017

    Planned Parenthood Texas Contracts Upheld Through Feb.

    A Texas federal judge on Thursday banned the state from ending its Medicaid contract with its Planned Parenthood affiliates in an attempt to preserve the status quo while he reviews a “mountain of evidence” in the case.

  • January 19, 2017

    Alleged Ringleader Pleads Guilty In $175M Health Fraud

    The alleged ringleader of a scheme that used call centers and kickbacks to generate bogus prescriptions and bilk government and private insurers for $175 million pled guilty Thursday in Florida federal court.

  • January 19, 2017

    Most Influential Judges On Trump’s Supreme Court Short List

    A new look at the potential U.S. Supreme Court nominees’ rulings reveals a ranking of judicial influence with some surprises at the top — and at the bottom.

  • January 19, 2017

    The Lawyer Who Will Shape Trump’s Presidency

    Jones Day’s Donald McGahn is stepping into the role of White House counsel, a powerful but little-understood position that has a strong history of impacting the president’s authority.

  • January 19, 2017

    In The Polarized Era Of Trump, BigLaw Searches For Balance

    The alignment of law firms with or against the new administration in legal battles to come could open rifts among attorneys and clients. But the publicity earned for taking on a potentially unpopular case could ultimately be worth any public fallout.

  • January 19, 2017

    Rolling Back Regulation In The Age Of Trump

    The incoming president’s plans to rein in the power of federal agencies will lead to uncertainty for lawyers and their clients as pending investigations and rulemaking are stopped in their tracks.

  • January 19, 2017

    Walgreens To Pay $50M To Settle Feds' Kickback Claims

    Walgreen Co. will pay $50 million to settle allegations that it gave kickbacks to government health care beneficiaries who it enrolled in its Prescription Savings Club discount and incentives program, the U.S. Department of Justice said Thursday.

  • January 19, 2017

    IT Exec, Consultant Charged With $3.4M Fake Invoice Scam

    Manhattan federal prosecutors on Thursday charged an information technology executive for health and retirement benefit funds and a consultant with conspiracy and wire fraud for a purported $3.4 million scheme to bilk the funds for bogus IT services.

  • January 19, 2017

    House, SEC End Health Care Insider Trading Subpoena Row

    The House Ways and Means Committee and the U.S. Securities and Exchange Commission have officially ended their battle over the latter’s bid to subpoena an erstwhile committee staffer in a health care insider trading probe, just two months after the committee dropped its appeal.

  • January 19, 2017

    BioScrip Investors Try To Save Suit After Targeting New Board

    BioScrip Inc. stockholder attorneys worked to rescue their corporate wrongdoing lawsuit against company directors in a hearing Thursday in the wake of an earlier, groundbreaking Chancery Court ruling that obliged them to amend their original action and target a different slate of directors.

  • January 19, 2017

    CVS Loses 275 Legal Hours In EEOC’s Failed Title VII Row

    An Illinois federal judge on Wednesday cut 275 legal work hours CVS Pharmacy Inc. is billing the Equal Opportunity Employment Commission for over its failed claims that a separation agreement is discriminatory, finding that the hours currently put forward are excessive when compared to what was produced during litigation.

  • January 19, 2017

    Costco To Pay $11.75M Over Lax Pharmacy Oversight

    Costco Wholesale will pay $11.75 million to settle allegations it failed to properly oversee its pharmacies, which filled improper or incomplete prescriptions in violation of the Controlled Substances Act, the U.S. Department of Justice said Thursday.

Expert Analysis

  • Escobar's FCA Compliance Lessons For Health Care Cos.

    Steve Sorett

    The recent U.S. Supreme Court decision in Escobar is by now well known to public contract law practitioners for adopting a more expansive view of the False Claims Act. But for the health care industry, Escobar is yet another reminder of the dire consequences that can result from failing to set up effective compliance programs, say Steve Sorett and Joseph Fuller of Kutak Rock LLP.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Obama's Pro-Union Impact On NLRB Won't Retire Quickly

    Adam C. Abrahms

    In recent years the National Labor Relations Board has extended its reach into employer operations with controversial decisions that have departed from long-standing precedent. However, while employers may hope the new administration might stop this expansion, with current board members and the general counsel still in office for some time, relief may be slow to come, say Adam Abrahms and Christina Rentz of Epstein Becker & Green PC.

  • Health Care Enforcement Review And 2017 Outlook: Part 4

     Brian P. Dunphy

    In this final installment of our review and outlook series, we analyze health care enforcement trends gathered from 2016 civil settlements and criminal resolutions of health care fraud and abuse cases. Behind the headlines covering enormous recoveries in 2016, several themes are apparent, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Health Care Enforcement Review And 2017 Outlook: Part 3

    Jordan T. Cohen

    While 2016 marked one of the least productive years in the history of Congress, the same cannot be said of health care enforcement and regulatory agencies. Perhaps motivated by the impending change in administration, these agencies promulgated a number of notable regulations in 2016, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Telemedicine: The Link To New Value-Based Payment Models

    Sabrina R. Gallo

    In the health care industry, both governmental and private payers are trying to move away from traditional fee-for-service payment models in favor of models based on quality or value. Telemedicine is one of the simplest and most cost-efficient methods by which to meet the objectives of the evolving payment model landscape, says Sabrina R. Gallo of Greenberg Traurig LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Health Care Enforcement Review And 2017 Outlook: Part 2

    Karen S. Lovitch

    In 2016, courts around the country heard cases involving a variety of False Claims Act and other enforcement-related matters. Going forward these case law developments are expected to have an impact on both the scope of FCA liability and the means by which FCA liability can be proven at trial, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.