• March 24, 2017

    Heart Apps Revise Ad, Privacy Practices In Deal With NY AG

    A trio of mobile health app developers have agreed to pay $30,000 and revise their advertising and privacy policies to resolve the New York attorney general's claims that they falsely touted their apps' ability to measure key vital signs and were unclear about what data the apps scooped up, the regulator said Thursday. 

  • March 24, 2017

    Atty At Center Of $550M Social Security Fraud Pleads Guilty

    A Kentucky attorney who conspired with an administrative law judge and a psychologist to defraud Social Security of $550 million in disability payments pled guilty in federal court Friday for his role in the scheme, according to a U.S. Department of Justice announcement.

  • March 24, 2017

    After Repeal Fails, GOP Faces Pressure To Make ACA Work

    The collapse of Republican efforts to repeal and replace the Affordable Care Act leaves GOP lawmakers and President Donald Trump facing strong pressure to help implement a law they have bitterly opposed for years, experts say.

  • March 24, 2017

    Nursing Home Co. Escapes Pa. Gov’t Suit Over Patient Care

    A Pennsylvania appeals court tossed a suit brought by the state attorney general’s office accusing a nursing home chain of misrepresenting the level of care it provides patients, saying certain statements the company made in advertising materials were “puffery” rather than false advertising.

  • March 24, 2017

    Texas Jury Convicts Doc For Role In $40M Medicare Scheme

    A Texas doctor was convicted by a federal jury on multiple counts of health care fraud Friday after federal prosecutors alleged he had participated in a scheme that bilked Medicare out of $40 million for home health services by filing false claims for services that were either unneeded or were never provided.

  • March 24, 2017

    Sales Rep To Serve 70 Months For $13M Oxycodone Scheme

    A Florida federal judge on Friday sentenced a former pharmaceutical salesman to nearly six years in prison for participating in a $13 million money laundering scheme involving more than 2 million oxycodone pills, helping to secure a steady supply for pain clinics by falsely telling wholesalers that they weren’t pill mills.

  • March 24, 2017

    VA Gets Tribe's Suit Over Health Care Reimbursements Nixed

    An Arizona federal judge on Thursday tossed a suit by the Gila River Indian Community accusing the U.S. Department of Veterans Affairs of failing to reimburse the tribe for health care the community provided to veterans, saying the tribe can’t bring those claims in federal district court.

  • March 24, 2017

    Janssen Beats Untimely Calif. Appeal Over Risperdal Death

    A mother whose son died during a clinical study of Janssen Pharmaceuticals’ antipsychotic medication Risperdal waited too long to appeal certain claims that had been dismissed in her wrongful death suit against the company — which on different claims won her $5.6 million — a California appeals court said Thursday.

  • March 24, 2017

    2 Express Scripts Claims Tossed In Anthem Contract Dispute

    A New York federal judge on Thursday dismissed two of six counterclaims brought by Express Scripts against Anthem Inc. in a dispute over negotiations tied to a pharmacy benefit management services contract between the two companies, finding that they were too similar to another of Express Script’s allegations.

  • March 24, 2017

    Federal Tort Reform Bill Could Save $50B, CBO Says

    The Congressional Budget Office said a tort reform bill that proposes to put a nationwide cap on noneconomic damages in medical malpractice cases arising out of federally funded health care programs could save up to $50 billion in health care costs over the next 10 years.

  • March 24, 2017

    Feds Drop Money Laundering Count In $45M Medicare Case

    Federal prosecutors have dropped a money laundering conspiracy charge from the trial against alleged ringleaders of a $45 million Medicare fraud scheme, they told an Illinois federal judge on Thursday.

  • March 24, 2017

    DC Circ. Nixes Confidentiality Agreement As Too Broad

    A D.C. Circuit panel on Friday backed the National Labor Relations Board’s invalidation of a Banner Health System confidentiality agreement that barred workers from sharing information about salaries and employee discipline, saying the measure was overly broad.

  • March 24, 2017

    Subscribers Want Blue Cross Antitrust MDL Trims Rethought

    Insurance subscribers in multidistrict litigation accusing Blue Cross Blue Shield of a massive price-fixing conspiracy asked an Alabama federal judge to reconsider some of his summary judgment ruling, arguing Thursday that the company’s out-of-state plans don't qualify for antitrust immunity.

  • March 24, 2017

    ACA Repeal Bill Collapses In House

    House Republicans on Friday called off a vote to repeal and replace much of the Affordable Care Act, a dramatic setback after President Donald Trump shut down negotiations and tried to force the legislation ahead.

  • March 24, 2017

    Online Arbitration Policy Needs Explicit Notice: Texas Court

    An unnamed hospital tech suing her former employer for sexual harassment is not bound by an arbitration policy she was never explicitly informed about, even if it was available online and accessible to her, a Texas appeals court ruled Thursday.

  • March 24, 2017

    Tax Court Upholds IRS Reg Against Nursing Home's Challenge

    A U.S. Tax Court judge upheld an IRS distinction between individual and corporate taxpayers experiencing economic hardship in a Thursday ruling, rebuffing an oft-noncompliant Oklahoma nursing home seeking relief by challenging the rule as illegal.

  • March 24, 2017

    3 Sentenced In Fla. For $175M Health Care Fraud Scheme

    Three participants in a scheme that used call centers and kickbacks to generate bogus prescriptions and bilk government and private insurers for $175 million were sentenced on Thursday in Florida federal court, with several more defendants set to be sentenced in the next week.

  • March 24, 2017

    Anthem Battles To Save $54B Cigna Deal At DC Circ. Hearing

    Anthem Inc. fought to salvage its thwarted $54 billion merger with Cigna Corp. during oral arguments before a D.C. Circuit panel on Friday, claiming that a trial judge ignored the deal’s massive medical cost savings when she blocked it for being anti-competitive.

  • March 23, 2017

    4 Tax Changes Delaying GOP Health Plan Vote

    As President Donald Trump and House Republicans struggle to get backers for their health care plan to replace the Affordable Care Act, Law360 looks at some of the controversial tax changes that are holding up a House vote.

  • March 23, 2017

    Verdict Form Reveals Close Call In Meningitis Murder Case

    An unprecedented case ended in a most unusual way: Jurors considering a sweeping indictment against a Massachusetts pharmacist who shipped mold-infested drugs that caused a deadly fungal meningitis outbreak declared him not guilty of murder on Wednesday, but appeared to indicate that the majority wanted to convict him.

Expert Analysis

  • In Congress: Light Floor Schedule, Heavy On Committees

    Richard Hertling

    Republican leadership in the House and Senate will need to refocus their efforts this week, after a failed attempt to repeal and replace the Affordable Care Act. The lead-up to the canceled vote last week highlighted the divisions within the Republican conference, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • Reducing Administrative Burden Under New 'Common Rule'

    Lisa Rooney

    The U.S. Department of Health and Human Services' recent revisions to the “Common Rule” aim to reduce administrative and regulatory burden on the informed consent process. However, the revised rule will simply add to or shift such burden to other individuals and entities, say Lisa Rooney and Scott Lipkin of FTI Consulting.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Why Patient Experience Data Provisions Face Elimination

    Jamie Kendall

    Under Trump's administration, the 21st Century Cures Act will continue to face scrutiny. Some may argue that the act's patient experience data provisions are unnecessary or ineffective due to their limited application and expansive required government resources, say Jamie Kendall and Alexandra Schulz of The Kendall Law Firm PC.

  • Is The End Of Individual Health Insurance Near?

    Corinne Smith

    The American Health Care Act proposes to eliminate the mandate for individuals to carry health insurance by removing the tax penalty. Eliminating the mandate, but continuing to require insurers to cover preexisting conditions, means that only sick individuals will purchase insurance, premiums will go up and far more millennials will opt out of the private health insurance market, says Corinne Smith of Strasburger & Price LLP.

  • The Latest On Statistical Sampling In FCA Cases

    Demme Doufekias

    Although the Fourth Circuit's recent Agape decision failed to provide the more definitive guidance about statistical sampling that False Claims Act practitioners on both sides were hoping for, it does offer an opportunity to look at trends emerging from recent settlements and court decisions involving sampling, say Demme Doufekias and Catherine Chapple of Morrison & Foerster LLP.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Opinion

    MWI Case Shows The False Claims Act Needs A Change

    William E. Bucknam

    While the U.S. Supreme Court recently ended the 18-year MWI False Claims Act case, the company has absolutely no hope of ever recouping the millions of dollars in lost business or the significant legal fees it spent fighting what was deemed a meritless case brought by the government. The time has come for Congress to amend the FCA, say William Bucknam of MWI Corp. and Robert Rhoad of Sheppard Mullin Richter & Hampton LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)