Health

  • October 16, 2017

    Agents' Vague Answers Mixed Bag For Defense In $1B Fraud

    Counsel for a Florida businessman charged with orchestrating a $1 billion health care fraud drew some potentially helpful testimony from two federal agents Monday in his bid to disqualify the prosecution team for allegedly violating the suspect's attorney-client privilege, but also struggled to nail down key details.

  • October 16, 2017

    Self-Effacing Judge Asks For Road Map In UnitedHealth Trial

    A California federal magistrate judge overseeing claims that UnitedHealth Group improperly denied coverage for mental health and substance abuse treatment told class members at the start of their bench trial Monday that he’s “just some dumb judge” who would need expert testimony on coverage guidelines to give him “a road map” for their case.

  • October 16, 2017

    Theory Behind Menendez Charges Ruled OK Under McDonnell

    The New Jersey federal judge presiding over the bribery trial of Sen. Bob Menendez and a Florida ophthalmologist on Monday rejected their argument that the U.S. Supreme Court’s landmark McDonnell decision invalidated the stream of benefits theory behind most of the charges, sinking their bid for acquittals.

  • October 16, 2017

    HCA Healthcare Must Face Calif. Doctor’s Retaliation Suit

    A California appellate panel on Friday greenlighted a suit accusing an HCA Healthcare hospital of terminating a doctor’s contract because he refused to discharge patients early, saying the case was not subject to California's law barring lawsuits that infringe free speech rights.

  • October 16, 2017

    Excess Insurer Must Face $4M Data Breach Coverage Suit

    A California state judge on Friday ruled that Cottage Health System's excess insurance carrier must face the hospital network's suit seeking coverage for more than $4 million in data breach-related costs, rejecting the insurer's argument that the action is premature because Cottage's primary insurance policy hasn't been exhausted.

  • October 16, 2017

    High Court Rejects Trio Of Employment Cases

    The U.S. Supreme Court on Monday rejected three separate petitions that raised employment law questions, including whether claims brought under California’s Private Attorneys General Act can be waived in employment arbitration deals and how courts should assess certain claims under the Family and Medical Leave Act.

  • October 16, 2017

    Ex-Katten Atty Loses Bid To Nix Shkreli Conspiracy Charge

    Jury selection began Monday in the Brooklyn federal trial of former Katten Muchin Rosenman LLP attorney Ewan Greebel, accused of conspiring with "pharma-bro" Martin Shkreli to defraud the pharmaceutical company Retrophin Inc., three days after the judge shot down a defense motion to dismiss one of the conspiracy counts.

  • October 16, 2017

    BP Midstream, Four Others Launch IPOs Exceeding $1.3B

    BP Midstream Partners LP, a master limited partnership formed by BP to operate the energy giant's U.S. pipelines, set terms Monday for an estimated $850 million initial public offering, one of five companies to launch IPOs that could raise more than $1.3 billion.

  • October 16, 2017

    21st Century Oncology Cleared To Solicit Ch. 11 Plan Votes

    Cancer treatment center operator 21st Century Oncology got the go-ahead Monday to send its Chapter 11 restructuring proposals to creditors and begin tallying votes on its plan to cut its $1.1 billion debt load in half after making final modifications like estimating recoveries and addressing pending litigation.

  • October 16, 2017

    Gov't Scientists Tell Of Rare Outbreak As Trial Nears End

    Government scientists testifying in the final days of a murder trial for a former pharmacist at the center of a deadly meningitis outbreak on Monday described surprise at the extent of the fungal contamination and patients’ infections.

  • October 16, 2017

    Pa. Med Board Erred In Nixing License Reinstatement: Court

    A Pennsylvania appeals court on Monday overturned a state medical board's rejection of a physician assistant's bid to reinstate his license, saying the man had successfully completed a drug treatment program that effectively vacated his criminal drug conviction.

  • October 16, 2017

    Mo. High Court Pauses J&J Talc Cancer Trial Over Venue Row

    Johnson & Johnson has won a round in its bid to move a product liability case involving its now-infamous talcum powder products out of St. Louis city court and into county court, as the Missouri Supreme Court preliminarily granted the company’s request to overturn a lower court’s order that blocked the move, pausing the proceedings in the meantime.

  • October 16, 2017

    Class Seeks Final OK On $98.3M Bon Secours ERISA Deal

    Thousands of class members affected by seven Bon Secours Health System Inc. pension plans that were allegedly in violation of the Employee Retirement Income Security Act asked a Maryland federal court Friday to give final approval to a settlement that would require the health care organization to provide $98.3 million to bolster funding.

  • October 16, 2017

    Fresenius Can't Duck FCA Claims Over Hepatitis B Tests

    Fresenius Medical Care can’t scrap parts of the federal government’s complaint in a False Claims Act suit over allegedly unnecessary hepatitis B tests billed to Medicare, a Massachusetts federal magistrate judge said Friday, rejecting arguments that the government can’t add claims that weren’t in the whistleblower’s original filing.

  • October 16, 2017

    PharMerica Says FCA Whistleblowers Got Info Secondhand

    PharMerica Inc. and two whistleblowers accusing the company of accepting kickbacks from drugmaker Organon USA Inc. on Friday sparred in Massachusetts federal court over whether the relators are eligible to bring a False Claims Act lawsuit, as the company claims they didn't get their information firsthand.

  • October 13, 2017

    DOJ Drops Medicare Advantage Suit Against UnitedHealth

    The U.S. Department of Justice has dropped a closely watched False Claims Act suit accusing UnitedHealth Group Inc. of defrauding Medicare Advantage, apparently bowing to a California federal judge’s recent evisceration of the case.

  • October 13, 2017

    19 AGs Sue Trump Over Halted ACA Subsidies

    Eighteen states and the District of Columbia sued the Trump administration late Friday over its decision to halt billions of dollars in Affordable Care Act subsidies, saying the sudden move wasn’t explained properly and unconstitutionally disregarded mandatory spending.

  • October 13, 2017

    Cigna Tells 11th Circ. 'Interloper' Is 'Looting' $25M Deal

    Cigna Healthcare Inc. has pressed the Eleventh Circuit to address its concerns that a claims processor misappropriated at least part of $25 million it paid in a class action settlement with medical providers who claimed that it conspired to keep reimbursements low.

  • October 13, 2017

    Brand Battles: CVS, Adidas, Monster Energy, Amazon

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, CVS gets into another heart-shaped dispute, Adidas targets Turner Sports over the "three-stripe mark," Monster Energy files a whopping five new cases, and Amazon faces a fight from a venerable Texas brewery over its "wicked" new food brand.

  • October 13, 2017

    Patent Litigator Goes After Wearables For Seniors

    Frequent patent-litigation plaintiff SportBrain sued Reemo Health LLC in Illinois federal court on Friday over Reemo's wearable devices and smart tech for seniors, saying they infringe a SportBrain patent covering the capture of personal data in mobile devices.

Expert Analysis

  • Evolution Of A Crisis: Opioid Claims Pick Up Speed

    Adam Fleischer

    On Sunday, the results of a six-month joint investigation by "60 Minutes" and The Washington Post concluded that "the drug industry, with the help of Congress, turned the opioid epidemic into a full blown crisis." In the coming months, insurers and pharmacy benefit managers are expected to undertake new and innovative efforts to control and disincentivize the use and prescription of opioids, says Adam Fleischer of BatesCarey LLP.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • How Conduct Abroad Impacts Health Care Business In US

    Alison Fethke

    Given the uptick in global awareness and enforcement of anti-bribery and corruption laws, most U.S.-based health care companies are attuned to the risks associated with legal infractions caused by their operations and conduct abroad. However, such ex-U.S. activities may also impact health care companies’ ability to conduct business within the U.S., say attorneys with Ropes & Gray LLP.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • Insights On Protecting Referral Sources With Noncompetes

    Leonard Samuels

    The Florida Supreme Court's recent decision in White v. Mederi Caretenders Visiting Services of Southeast Florida and Americare Home Therapy v. Hiles recognizes that referral sources are the lifeblood of the home health care business and worthy of protection. The ruling should be viewed as a strong statement by the court that restrictive covenants will be enforced to prevent unfair competition, says Leonard Samuels of Berger Singerman LLP.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • Good And Bad News For Massachusetts Life Sci, Health Cos.

    Caroline Bullerjahn

    Life sciences and health care companies nationwide are being sued by shareholders far more frequently this year, but the good news for such companies in Massachusetts is that after several years of issuing no significant decisions in securities class actions, the First Circuit has now issued several favorable dismissals, say Caroline Bullerjahn and Deborah Birnbach of Goodwin Procter LLP.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • The New HHS Approach To HIPAA?

    David Saunders

    With respect to Health Insurance Portability and Accountability Act compliance, in the past five months, the U.S. Department of Health and Human Services has announced only one compliance agreement, and has been quiet save responses to the WannaCry attack and Hurricanes Harvey, Irma and Maria. So now, eight months into the Trump administration, we are left to wonder if this is the new HHS, says David Saunders of Jenner & Block LLP.