• September 20, 2017

    Pathogen-Killer Claims Unfair, Medical Co. CEO Testifies

    Medical garment maker Vestagen Protective Technologies has gained an unfair market advantage by making false and unlawful claims that its products kill 99 percent of all pathogens, the CEO for rival Strategic Partners testified Wednesday in a California federal trial where his company is defending against theft of trade secret claims.

  • September 20, 2017

    Fla. Pulls License From Nursing Home Where 9 Died After Irma

    The state of Florida on Wednesday shut down nursing home operations at a Broward County facility under investigation after nine of its residents died during the aftermath of Hurricane Irma, while accusations and litigation continued to build up over the incident.

  • September 20, 2017

    FBI Agent Says Menendez Did Not Disclose Doctor's Gifts

    Sen. Bob Menendez did not report the private jet rides and other gifts provided to him by a Florida ophthalmologist on annual financial disclosure forms as part of what prosecutors say was an effort to conceal their bribery scheme, according to testimony Wednesday at the senator's and doctor's trial.

  • September 20, 2017

    Xarelto Bellwether Loser Says New Study Merits Retrial

    A woman who lost a federal bellwether trial on claims that Janssen Pharmaceuticals’ and Bayer’s blood thinner Xarelto caused her hospitalization for internal bleeding has moved for a new trial, arguing jurors should see a recent study by Bayer scientists that contradicts the companies’ trial testimony.

  • September 20, 2017

    Why A Rare Tie Vote Doesn't Foretell Roadblocks At FTC

    Tuesday's decision to let Walgreens forge ahead with its $4.4 billion acquisition of nearly 2,000 Rite Aid stores highlights the inherent risk of leaving the Federal Trade Commission with just two top decision makers, but the split's rarity underscores how well the agency has continued to function even with a historically high number of vacancies.

  • September 20, 2017

    J&J Blocking Remicade Biosimilar Sales, Pfizer Says

    Pfizer Inc. can't break into the market with its biosimilar version of Johnson & Johnson's blockbuster biologic Remicade, as J&J and its subsidiary Janssen Biotech Inc. have been holding on to a monopoly through a multifaceted anti-competitive campaign, Pfizer told a Pennsylvania federal court Wednesday.

  • September 20, 2017

    Senate To Vote On ACA Repeal As Insurers Balk

    The Senate is set to vote next week on the contentious Affordable Care Act repeal measure, a leadership aide said Wednesday, as more groups came out against the embattled legislation.

  • September 20, 2017

    Miami Woman Gets 4 Years For Spa Silicone Injection Scheme

    A Florida federal judge Tuesday sentenced a local woman to more than four years in prison for her part in a conspiracy to inject illicit silicone smuggled from Colombia into the buttocks of hundreds of spa customers.

  • September 20, 2017

    Fla. Doctor Gets 8 Years For Role In $4.8M Medicare Fraud

    A Florida doctor was sentenced Wednesday to eight years and one month behind bars for his role in a six-year, $4.8 million health care fraud scheme that involved the submission of false Medicare claims and illegal prescriptions of drugs including addictive opioids, the U.S. Department of Justice said.

  • September 20, 2017

    Meningitis Murder Trial Dogged By Accusations Jurors Misled

    Prosecutors and defense attorneys accused one another of misleading a jury in opening statements of the second meningitis murder trial Tuesday, with both sides asking the judge to tell jurors the other lawyers were wrong.

  • September 20, 2017

    Caution In Mixing Methadone, Benzos Can Reduce Risk: FDA

    The U.S. Food and Drug Administration on Wednesday said that doctors shouldn’t withhold opioid addiction medications from patients taking drugs that depress the central nervous system, such as sleep aids and muscle relaxers, saying that while the combined use of these drugs is risky, opioid addiction is even worse.

  • September 20, 2017

    Dallas Woman Pleads Guilty In $5.1M Medicare Fraud

    The administrator of a company that provided hearing-related services to Medicare beneficiaries in nursing homes pled guilty in Texas federal court on Tuesday to taking part in a $5.1 million scheme to defraud Medicare.

  • September 20, 2017

    VA Fires DC Center Chief For 2nd Time, Using New Powers

    The U.S. Department of Veterans Affairs has used newly granted powers to fire for the second time the former director of the department's Washington, D.C., VA Medical Center, initially removed after a watchdog report alleging mismanagement but reinstated after challenging his removal, it announced Wednesday.

  • September 20, 2017

    Gov't Fights Sanctions Bid In Ex-Nurse's Privacy Suit

    The federal government urged a New Mexico federal judge Tuesday to deny a request for discovery sanctions from a former nurse who accuses it of spreading detailed information about her physical and sexual assault, claiming it has made every effort to comply with the requests.

  • September 19, 2017

    Caffeine Expert Details Coffee Craving In Prop 65 Trial

    A nonprofit suing Starbucks, Keurig and other big-name coffee retailers to force them to warn consumers about carcinogens in their products called an addiction expert to testify in California court on Tuesday about the negative withdrawal effects that keep hooked coffee drinkers coming back for more.

  • September 19, 2017

    'Smears' Evidence Not Allowed In Menendez Trial, Judge Says

    The New Jersey federal judge presiding over the bribery trial of Sen. Bob Menendez and a Florida ophthalmologist denied a defense bid Tuesday to let jurors see parts of public statements where the senator denied allegations that he had engaged with prostitutes, saying such material is irrelevant.

  • September 19, 2017

    Trump Administration Backs 'Last Chance' ACA Repeal Bill

    The White House started a public push for the latest Affordable Care Act repeal bill Tuesday as the Senate dropped bipartisan reform efforts.

  • September 19, 2017

    Pa. AG Touts Efforts Regarding Trump, Equifax, Opioid Makers

    Pennsylvania Attorney General Josh Shapiro on Tuesday outlined the broad activist agenda he has been pursuing since taking over the scandal-plagued office in January, touting his readiness to confront the Trump administration and the state’s role at the lead of several multistate investigations into corporate malfeasance.

  • September 19, 2017

    Pharmacy Solely Liable For Meningitis Outbreak, Clinic Says

    A Maryland surgical center’s role in a deadly 2012 meningitis outbreak is superseded by that of the pharmacy that made the tainted products, Box Hill Surgery Center LLC told a Massachusetts federal judge overseeing multidistrict litigation Monday.

  • September 19, 2017

    Facebook Users Urge 9th Circ. To Revive Privacy Claims

    Facebook users told the Ninth Circuit on Monday that a California district court erred in tossing their proposed class action, because they did not consent to the social media giant’s gathering of their browsing data from several health websites.

Expert Analysis

  • Considerations For Competitors Collaborating Post-Hurricane

    Meytal McCoy

    Despite the unique and critical need for collaboration among competitors following Hurricanes Harvey and Irma and other natural disasters, these events are not an invitation for businesses to ignore antitrust laws, say Meytal McCoy and Jessica Michaels of Mayer Brown LLP.

  • Blurring The Line Between Health Care Provider And Payor

    John Chesley

    Since the passage of the Affordable Care Act, health care providers in markets around the country have started exploring the payor side of the business by sponsoring health plans. Attorneys with Ropes & Gray LLP examine some of the factors giving rise to this trend and what it might (and might not) mean for health insurance exchanges, smaller providers and the insurance markets generally.

  • 'Per-Doc' Pricing Can Improve Document Review

    file folder

    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • Opinion

    We Must Protect Consumers From Illegal Debt Collectors

    Maura Healey

    Companies are allowed to collect the money they are owed, but they cannot break the law or cheat people in the process. Some of the biggest players in the debt collection industry are not focused on getting it right, says Massachusetts Attorney General Maura Healey.

  • Physician Practice Acquisitions And Antitrust Scrutiny

    Bruce Sokler

    The Washington state attorney general’s recent lawsuit to thwart and unwind the most recent expansion efforts of Franciscan Health System serves as a reminder that health care providers’ growth-through-acquisition strategies can be subject to antitrust scrutiny, regardless of the size of individual transactions, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Large And Small Cyberrisk Solutions For Health Care Cos.

    John Gilligan

    Following the radical changes brought by advances in internet of things technology, the health care industry must take both immediate micro steps and larger macro steps to protect its patients from cyberrisks, say John Gilligan and Kimberly Metzger of Ice Miller LLP.

  • Joint Commission Hesitates On New Telehealth Standards

    Nathaniel Lacktman

    While the Joint Commission recently stated that it will not move forward with its proposed update to its ambulatory telemedicine standards to account for direct-to-patient telehealth services, potential changes may still be on the horizon, says Nathaniel Lacktman of Foley & Lardner LLP.

  • Are Opioids The New Tobacco?

    Richard Scruggs

    Is the rising spate of opioid litigation comparable to the litigation that led to the mega-billion dollar settlement with Big Tobacco? According to ex-trial lawyer Richard Scruggs, who helped engineer the $248 billion tobacco settlement in the 1990s, the answer is "sort of."

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • East Coast Medical Marijuana Lessons For Nev. Employers

    Laura Jacobsen

    Recent court decisions from the East Coast have held that medical patients terminated for positive medical marijuana test results have valid causes of action against their employers for disability discrimination. Because Nevada law provides some protection for employees who engage in off-duty medical marijuana use, Nevada employers should take important lessons from these cases, says Laura Jacobsen of McDonald Carano LLP.