Health

  • May 26, 2020

    Health-Focused Firms Flood IPO Market With Fresh Filings

    Five issues from the biotechnology and health care fields recently bolstered the initial public offerings pipeline with fresh filings, led by a potential $2 billion offering from a biopharmaceutical royalty owner, signaling a busier June for an IPO market rebounding from a coronavirus-related pause.

  • May 26, 2020

    Real Estate Rumors: FivePoint, Bank OZK, Ocean Bank

    FivePoint Holdings may scrap plans to build 750,000 square feet of office space in San Francisco and instead build health care-related space, Bank OZK has reportedly loaned $29 million for a Queens project, and Ocean Bank is said to be hoping to get $16.5 million with the sale of a Miami development site.

  • May 26, 2020

    DC Circ. Sides With HHS In Long-Running Hospital Pay Fight

    The D.C. Circuit on Tuesday sided with the U.S. Department of Health and Human Services in a long-running dispute with hospitals over reduced reimbursements for inpatient admissions, finding the hospitals weren't entitled to more relief than they'd already gotten.

  • May 26, 2020

    Slate Asset Management Providing Canada $363M In Relief

    Slate Asset Management is providing as much as CA$500 million ($362.9 million) in capital to the Canadian real estate industry as the firm seeks to help parties that have been hit hardest by the COVID-19 pandemic, the firm announced Tuesday.

  • May 26, 2020

    Pa. Panel Preserves Reinstated $2.4M Broken Leg Verdict

    After the Pennsylvania Supreme Court reinstated a $2.4 million jury verdict, a lower appeals court on Tuesday resolved the remaining appellate issues in the suit accusing a hospital of causing a knee surgery patient's fall and broken leg, saying the reinstated verdict should be left intact.

  • May 26, 2020

    Health Exec Says She Was Fired For Raising Virus Concerns

    A former executive for an Illinois nursing home has claimed in state court that she was abruptly fired from her job because she challenged the facility's COVID-19 response whenever it was inaccurate or disregarded regulatory guidance for safely navigating the pandemic.

  • May 26, 2020

    Man Charged With Conning NYC In $45M Face Mask Scheme

    A New Jersey used car salesman has been arrested and charged with running a $45 million scheme at the height of the fight against COVID-19, attempting to sell price-gouged N95 face masks to New York City, an order he had no way of fulfilling, prosecutors said Tuesday in New York federal court.

  • May 26, 2020

    Shkreli, Vyera Look To Duck Monopolization Claims

    Martin Shkreli and a company that the incarcerated former pharmaceutical executive founded have urged a New York federal court to toss allegations from state and federal enforcers that they monopolized the market for a drug used to treat potentially fatal parasitic infections.

  • May 26, 2020

    Suit Over 'Illegal' CBD Products Paused To Await FDA Rules

    A California federal court has paused a proposed class action accusing a CBD company of hawking products that aren't compliant with U.S. Food and Drug Administration guidelines, saying the case should wait until the agency unveils new cannabinoid regulations.

  • May 26, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    The COVID-19 pandemic found states monitoring scaled back Memorial Day weekend festivities that went off without a hitch in some places and resulted in crowd-limit violations in others, signaling challenges ahead as the beach season vies with continuing public health safety mandates.

  • May 26, 2020

    High Court Won't Review Nonconsensual Ch. 11 Releases

    The U.S. Supreme Court on Tuesday said it won't review a Third Circuit decision that allowed the 2015 confirmation of a troubled laboratory company's Chapter 11 plan over opposition from creditors that argued the plan unconstitutionally released key parties from damage claims without creditor consent.

  • May 26, 2020

    Mallinckrodt Wants More Cuts To Seizure Drug Price Suit

    Mallinckrodt asked a California federal judge to cut more antitrust claims from Humana's $700 million price-gouging lawsuit over an infant seizure syndrome treatment, claiming the insurer yet again defined the market too narrowly.

  • May 26, 2020

    Medical Co. To Buy Solara, ActivStyle Suppliers For $487M

    A U.S. home medical equipment company announced plans Tuesday to purchase the country's largest independent distributor of blood sugar monitors and another medical equipment business for a total of $487 million.

  • May 26, 2020

    Shearman Guides $80M Investment In Benefits Co.

    Employee benefits company Benefitfocus said Tuesday investment group BuildGroup was taking an $80 million stake in the business in a deal led by Shearman & Sterling LLP and North Carolina firm Wyrick Robbins Yates & Ponton LLP.

  • May 22, 2020

    Law360 Reveals Titans Of The Plaintiffs Bar

    They've represented consumers, companies, and government entities, taken on Goliaths in industries ranging from aerospace to health care to finance to technology to sports, and won landmark victories on behalf of clients across the country.

  • May 22, 2020

    Amerisource Hid 'Pillbillies' Email In Opioid MDL, Attys Say

    AmerisourceBergen Drug Corp. violated its discovery duties in multidistrict opioid litigation by not promptly producing key documents, including an internal email chain that joked about "pillbillies" abusing painkillers, plaintiffs attorneys told an Ohio federal judge.

  • May 22, 2020

    Calif. Nursing Home Slapped With COVID-19 Death Suit

    A Southern California nursing home where a 77-year-old man died of COVID-19 in April has been hit with a wrongful death and elder abuse suit alleging it prohibited staff members from wearing masks and gloves, which caused 10 patients to become infected and die.

  • May 22, 2020

    Treasury Says It's On Track To Send Tribes COVID-19 Funds

    Treasury Secretary Steven Mnuchin told a D.C. federal judge Friday that the department is following through on its plan to send out $3.2 billion in COVID-19-related funding to tribal governments, as tribes spent the week furnishing more data requested by the department.

  • May 22, 2020

    Law Dean Says DOJ Halting Whistleblowers Unconstitutional

    The dean of the University of California Berkeley School of Law said the federal government unconstitutionally deprived a whistleblower of his property interest in his lawsuit when it successfully petitioned a Pennsylvania federal court to toss the case against a UnitedHealth Inc. unit, according to an amicus brief filed with the Third Circuit Friday.

  • May 22, 2020

    Fla. Court Nixes $109M Verdict In Botched Surgery Suit

    A Florida state appellate panel on Friday vacated a $109 million verdict in a suit accusing a University of South Florida surgeon of causing a woman to lose all four limbs by botching a routine surgery, saying the school was unfairly denied the opportunity to blame a third party.

  • May 22, 2020

    CBD Trade Secret Suit Axed Over Hemp Co.'s Lack Of Counsel

    A Florida federal judge has thrown out a hemp company's trade secrets suit after it failed to hire new counsel, ending the company's claims that former collaborator Medterra CBD was profiting off a stolen formula for CBD body cream.

  • May 22, 2020

    FTC Attys Talk COVID-19's Impact On Hospital M&A Oversight

    Hospitals reeling from COVID-19's financial body blow might pursue consolidation to regain their balance, but pocketbook pain will need to be serious to have any chance of offsetting competition concerns, top Federal Trade Commission attorneys told Law360 in an exclusive interview.  

  • May 22, 2020

    Virus Exacerbates Long-Standing Water Difficulties For Navajo

    Darrell Begay estimates that he spends at least 12 hours each week hauling water to his mother's house in Oaksprings, New Mexico, on the Navajo Nation reservation. He has 20 five-gallon jugs for drinking and washing, and plastic tanks for the family's sheep and cattle.

  • May 22, 2020

    Philly Hospital Fights Bid To Quash Subpoena In Merger Case

    Albert Einstein Healthcare Network has told a Pennsylvania federal court that it needs documents from an area nursing home operator to show they compete against each other as it tries to fend off a merger challenge from the Federal Trade Commission and the state.

  • May 22, 2020

    FTC Tells 50 More Marketers To Stop Making COVID-19 Claims

    The Federal Trade Commission on Thursday said that it had sent another round of warning letters to 50 more marketers telling them to stop boosting unproven claims that their products, including freeze-dried horse milk, can treat or prevent the novel coronavirus.

Expert Analysis

  • COVID-19's Strain On Hospitals May Necessitate More Relief

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    As hospitals halt elective procedures and shift to servicing mostly COVID-19 patients, many may continue to depend on government funding to meet the financial challenges caused by the COVID-19 pandemic, despite payments from insurers and funding from the CARES Act, say analysts at Analysis Group.

  • Preparing For A Deluge Of COVID-19 Whistleblower Claims

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    Attorneys at Proskauer break down the kinds of COVID-19 whistleblower retaliation claims employers should anticipate, and explain key steps to minimize risks under the Occupational Safety and Health Act, National Labor Relations Act, Families First Coronavirus Response Act, and state laws.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • New Risk Of Whistleblower, Retaliation Claims In Health Care

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    Pandemic circumstances put health care facilities in a bind — they must continue to treat their patients, protect patient privacy, and ensure they have sufficient staff who are ready and willing to work, while also protecting themselves from the heightened threat of whistleblower and retaliation lawsuits, say attorneys at Pepper Hamilton.

  • Opinion

    COVID-19 Relief Should Fund A Federal Infrastructure Bill

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    To create jobs and address the country's $4.5 trillion infrastructure backlog, the federal government should enact coronavirus relief directed at infrastructure investment, leveraged by the allocation of funds for public-private partnerships, say Andrej Micovic and Eric Singer at Bilzin Sumberg.

  • NY Ruling Highlights Limits To Employee Noncompetes

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    Following a New York federal court’s recent decision in Flatiron Health v. Carson, employers should limit restrictive covenants to client relationships developed at the company's expense, and reject the expectation that overreaching agreements may be partially enforced, says Ihsan Dogramaci at Pavia & Harcourt.

  • The Current Barriers To International Health Cooperation

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    Although governments continue to construct direct barriers to international health collaboration by restricting foreign direct investment, the COVID-19 pandemic has highlighted the necessity of borderless health care goods and services, say attorneys at Mayer Brown.

  • Federal Program Bribery Law May Reach PPP Loan Recipients

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    Public and private entities receiving funds under the Paycheck Protection Program, and others engaged in business transactions with them, should be aware of potential criminal liability under the federal program theft and bribery statute — as the U.S. Supreme Court ruled in 2000 regarding Medicare, say attorneys at Winston & Strawn.

  • CCPA Is 1 Of Many Retailer Data Privacy Class Action Worries

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    As class actions targeting the sale of consumer data pose an increasing threat to retailers under the California Consumer Privacy Act and other states’ consumer protection laws, companies must ensure compliance with each statute and assess their vulnerability to deceptive conduct allegations, say Stephanie Sheridan and Meegan Brooks at Steptoe & Johnson.

  • The Regulatory Pathway To A Vaccine For COVID-19

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    Attorneys at Crowell & Moring discuss the many phases involved in developing and getting regulatory approval for a vaccine, and the U.S. Food and Drug Administration's efforts to expedite the process for COVID-19 vaccine candidates.

  • 5 Things To Expect In Vertical Merger Reviews

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    Based on their experience working on the CVS Health-Aetna merger, Rani Habash at Dechert and Steven Tenn and Omar Farooque at Charles River Associates provide insight into how the antitrust agencies are likely to assess vertical issues in proposed transactions.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Key Tax Factors To Consider Before Accepting PPP Loans

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    Taxpayers should weigh the costs and benefits of Paycheck Protection Program loans, as they affect the deductibility of certain costs of doing business and invalidate employee retention tax credits, also available under the Coronavirus Aid, Relief, and Economic Security Act, say Libin Zhang and Xenia Garofalo at Fried Frank.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • Contingent Fees A Great Option For Cos. During Downturn

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    In-house counsel may assume that "elite" law firms will turn up their noses at the idea of contingent fees, but such arrangements, whether pure or hybrid, are offered by many firms — even to defendants — and may be the answer to tight litigation budgets, say attorneys at Fish & Richardson.

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