• November 17, 2017

    Abortion Foes Tell 9th Circ. Free Speech Trumps Tape Suit

    Planned Parenthood failed to properly fight off a free speech challenge to its suit over secretly recorded videos purporting to show the improper sale of fetal tissue, anti-abortion activists told a Ninth Circuit panel Friday, saying a lower court erred in finding in favor of the health care provider.

  • November 17, 2017

    Orexigen Seeks Toss Of Suit Over Drug Trial Leaks

    A lawsuit seeking damages from Orexigen Therapeutics Inc.'s board for sharing confidential information about an unfinished obesity drug trial fails to connect the leaks to any improper intent, a directors' attorney said in arguing for dismissal of the case Friday in Delaware Chancery Court.

  • November 17, 2017

    DOJ Denies Claims Of Change To FCA Dismissal Policy

    The U.S. Department of Justice has not taken a more aggressive stance toward seeking to throw out of court whistleblower False Claims Act suits that it deems unmeritorious, it indicated Friday, as the author of a report highlighting the purported policy change stood by his view.

  • November 17, 2017

    Exonerated Doc Isn't Innocent In $200M Medicare Con: Feds

    Prosecutors told Florida federal court Thursday not to declare innocent a doctor whose conviction for participating in a $200 million Medicare fraud was overturned three years into a nine-year sentence, arguing that while not proven guilty she “is not actually innocent.”

  • November 17, 2017

    Alaska Tribal Health Org Sues For Land Cleanup, Transfer

    A tribe-run health care nonprofit in Alaska filed a complaint in federal court Thursday seeking to force the U.S. Department of the Interior and the Air Force to clean up and transfer oil-contaminated land the nonprofit says should have been in its hands more than two decades ago.

  • November 17, 2017

    Providers’ Challenge To La. Abortion Law Can Proceed

    A Louisiana federal judge has trimmed slightly a suit by abortion providers against seven new state laws designed to discourage the procedure, finding the plaintiffs can lodge equal protection and undue burden claims against most of the measures but lacked standing on one.

  • November 17, 2017

    Health Hires: Hogan Lovells, Jones Day, Morgan Lewis

    The last several weeks have seen the health and life sciences teams at Hogan Lovells, Jones Day, Morgan Lewis & Bockius LLP and Berkeley Research Group LLC grow, with newcomers from the ranks of Medtronic Inc., BakerHostetler, the U.S. Department of Health and Human Services Office of Inspector General and elsewhere.

  • November 17, 2017

    Feds Broker $1.25M Nursing Home Substandard-Care Deal

    The operators of a Mississippi nursing home have agreed to pay $1.25 million to settle claims they billed Medicare and Medicaid for substandard care, the U.S. Department of Justice said Thursday.

  • November 17, 2017

    Mainstreet Inks $425M Deal For 42 Health Care Centers

    Mainstreet Health Investments said Friday that it will snap up fellow real estate investment company Care Investment Trust LLC and its 42 health care facilities from diversified holding company Tiptree Inc. for $425 million, amid a bid to rebrand itself as Invesque Inc.

  • November 17, 2017

    EEOC Wins Sex Orientation Bias Suit Against Pa. Health Clinic

    The U.S. Equal Employment Opportunity Commission notched a win Thursday as a Pennsylvania federal judge slapped a Pittsburgh-area medical clinic with a statutory maximum fine after agreeing that a gay former employee was subjected to harassment and discriminatory treatment based on his sexual orientation.

  • November 17, 2017

    Children’s Health Org Backs Hospitals In 1st Circ. CMS Row

    The Children’s Hospital Association urged the First Circuit on Thursday to uphold several New Hampshire hospitals’ win in a dispute over the alteration of a Centers for Medicare & Medicaid Services reimbursement policy, saying a reversal would have “far-reaching and harmful impacts” to children’s health organizations.

  • November 17, 2017

    Scientists See No Solution As Talc Cases Test The System

    Cases alleging talcum powder causes ovarian cancer have exploded in recent years, with thousands of plaintiffs filing suit in hope of following the massive multimillion dollar verdicts against Johnson & Johnson in Missouri and California, but these claims carry no water in other courts, and experts researching the issue are divided on which side the science supports.

  • November 17, 2017

    Taxation With Representation: Andrews, Mayer, Jones, Delaby

    In this week’s Taxation With Representation, Marathon Petroleum dropped down $8.1 billion in assets to its master limited partnership, Caesars Entertainment acquired Centaur for $1.7 billion, Shanghai Pharma snapped up the China business of Cardinal Health for $557 million, and OMERS bought Trescal in a $788.6 million deal.

  • November 16, 2017

    Senate GOP’s Tax Plan Approved By Finance Committee

    The Senate GOP’s sweeping tax overhaul made it out of committee along a party-line vote Thursday, culminating a jam-packed week of markup that saw last-minute changes on pass-throughs, carried interest and a surprise repeal of the Affordable Care Act’s individual mandate.

  • November 16, 2017

    Feds Likely To Give Menendez Trial Another Shot, Attys Say

    The government will likely pursue a second bribery trial of Sen. Bob Menendez, D-N.J., and a Florida ophthalmologist in the wake of Thursday's mistrial, with prosecutors and defense lawyers expected to pore over the first trial's record to prepare for the battle ahead, attorneys say.

  • November 16, 2017

    Tech Co. Must Face Suit Over Patient Monitoring System

    Hospital technology company Draeger Inc. can't escape a suit brought by Chicago’s Rush University Medical Center that claims Draeger's patient monitoring system Rush purchased for $18 million in 2011 was ineffective and put patients at risk, an Illinois federal judge ruled Thursday.

  • November 16, 2017

    Shkreli Auditor Says Investor Settlements Seemed Legit

    An auditor who did work for Martin Shkreli-founded Retrophin Inc. on Thursday told jurors in the trial of the controversial pharmaceutical executive’s former Katten Muchin attorney that he didn’t believe there was anything wrong with a series of settlements with investors in Shkreli's MSMB hedge funds that prosecutors say were fraudulent.

  • November 16, 2017

    Transgender Inmate Sues For Transfer To Women's Prison

    A transgender woman sued the Massachusetts Department of Correction on Wednesday to seek a transfer out of a men's prison, saying that her gender dysphoria has been inadequately accommodated and she has been subjected to discrimination and harassment.

  • November 16, 2017

    Insys Founder Denies Plot To Bribe Doctors Over Opioid Spray

    Insys Therapeutics Inc. founder John N. Kapoor pled not guilty on Thursday to orchestrating a national scheme to bribe doctors to needlessly prescribe his company’s unique and powerful opioid painkiller that is sprayed under the tongue.

  • November 16, 2017

    3rd Circ. Won't Revive FCA Suit Against CVS Caremark

    In a precedential ruling Thursday, the Third Circuit affirmed a Pennsylvania federal judge’s dismissal of a False Claims Act lawsuit against CVS Caremark Corp., finding that although the lower court’s reasoning was wrong, the whistleblower failed to show the alleged misrepresentations were important to the government’s decision to pay claims under Medicare Part D.

Expert Analysis

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Hurdles To Consider When Securing A Personnel File

    Michael Errera

    Attorneys should follow seven key points to ensure that their discovery requests and pleadings are appropriately prepared to overcome common hurdles that may be encountered when requesting production of a personnel file, say Michael Errera and Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Calif.'s New Focus On Drug Pricing Transparency

    John Chelsey

    California Gov. Jerry Brown recently signed SB-17, a law intended to foster transparency in connection with drug pricing and its impact on insurance costs. The law imposes significant new reporting requirements on many drug manufacturers, pharmacy benefit managers, and health care service plans and health insurers operating in California, say attorneys with Ropes & Gray LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • Applying Privacy Laws To Health Info About Opioid Use

    Patricia Markus

    The U.S. Department of Health and Human Services recently released guidance explaining when health care providers may share protected health information with family or friends of a patient in crisis, such as following an opioid overdose. However, some may find the guidance less than clear, says Patricia Markus of Nelson Mullins Riley & Scarborough LLP.

  • Opioid Epidemic Brings Ramifications For Physicians

    Joseph Gorrell

    The opioid epidemic is putting a white-hot spotlight on physicians for the foreseeable future. Careful adherence to regulations in their roles as both practitioner and employer can help physicians avoid unwanted scrutiny and penalties that could, at their harshest, threaten their livelihoods, say Joseph Gorrell and Matthew Collins of Brach Eichler LLC.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Post-Escobar Guardrails And Policy-Setting Relators

    Rebecca Martin

    The Fifth Circuit's decision in U.S. v. Trinity is the most recent addition to a remarkable run of appellate decisions affirming dismissal of False Claims Act cases on materiality grounds. Trinity, however, stands apart from the crowd in a number of ways, says Rebecca Martin of McDermott Will and Emery LLP.

  • How Tax Reform Could Impact The Health Care Industry

    Peter Furci

    The U.S. House and Senate have now both detailed their tax reform plans, and both plans could have significant effects on the health care industry. Lower corporate tax rates could benefit companies in the health sector, but changes to the orphan drug tax credit and medical expense deduction would be damaging, say attorneys at Debevoise & Plimpton LLP.