Health

  • July 21, 2017

    Medidata Covered For $4.8M Computer Fraud, Judge Rules

    Medidata Solutions Inc. is entitled to coverage from a Chubb Ltd. unit for a $4.8 million loss it suffered when it was tricked into wiring the money overseas, a New York federal judge ruled on Friday, holding that the incident constituted covered computer fraud under Medidata's crime policy.

  • July 21, 2017

    Feds' Shkreli Case Nears End, Amid Testy Exchanges

    The government's case against "pharma bro" Martin Shkreli inched toward conclusion on Friday, with both sides engaged in heated sparring over the final pieces of evidence and testimony in the closely watched securities fraud trial.

  • July 21, 2017

    Hormone Clinic Chain Must Pay $18M Over Safety Claims

    A Tennessee state judge has ordered hormone therapy clinic chain HRC Medical Centers Inc. and three of its principals to pay $18 million after they misled patients about the safety of the hormones being injected, the state attorney general said Friday.

  • July 21, 2017

    Ky. Abortion Clinic Gets Buffer Zone Ahead Of Protests

    A Kentucky federal judge Friday ordered anti-abortion groups to steer clear from the state’s only abortion clinic as it braces for a wave of protests.

  • July 21, 2017

    Ky. Couples Win Fees In License Row Despite Magistrate

    Couples suing a Kentucky county clerk for refusing to give them marriage licenses as part of her protest against same-sex marriage are entitled to attorneys’ fees even though their case ended up getting dismissed, a Kentucky federal judge said Friday in shooting down a magistrate judge’s recommendation to deny fees.

  • July 21, 2017

    Key ACA Repeal Elements Need 60 Votes

    Important parts of Affordable Care Act repeal legislation cannot be approved in the U.S. Senate with a simple majority, dealing a fresh setback to the Republican repeal effort, according to procedural rulings Friday.

  • July 21, 2017

    Cherokee Nation Says Opioid Dispute Belongs In Tribal Court

    The Cherokee Nation fought Friday to continue pursuing in its tribal court a lawsuit seeking to hold Walgreens, McKesson and other companies accountable for an opioid crisis plaguing its citizens, saying the case is akin to ones brought by state governments in their own courts and an “expression of its sovereign right.”

  • July 21, 2017

    Nurse Properly Fired For HIPAA Violation, Ky. Court Rules

    A Kentucky appellate panel on Friday affirmed the dismissal of a suit accusing a hospital of unlawfully firing a nurse for violating the Health Insurance Portability and Accountability Act by disclosing a patient’s confidential health information, rejecting the nurse’s argument that the disclosure was incidental.

  • July 21, 2017

    Medical Malpractice Cases To Watch In The 2nd Half Of 2017

    A bid to have the U.S. Supreme Court review a Florida statute giving patients access to hospital incident reports and a looming California ruling affecting doctors on workers' compensation panels are among the medical malpractice cases attorneys will be following in the second half of 2017. Here, Law360 takes a look at four pending cases.

  • July 21, 2017

    Hogan Lovells Snags Veteran HHS, FDA Attorney

    After 25 years at the U.S. Department of Health and Human Services and U.S. Food and Drug Administration, David Horowitz has joined Hogan Lovells as a partner in Washington, D.C., focusing on regulatory compliance, the firm recently said.

  • July 21, 2017

    Chinese Students Ask To Join $89M EB-5 Scam Suit

    Three Chinese college students asked an Illinois federal judge on Thursday for permission to join the Securities and Exchange Commission’s suit against an immigration attorney accused of funneling money from the nearly $89 million he collected from EB-5 visa holders into his own pockets.

  • July 20, 2017

    Jurors Won't Hear Theory J&J Conspired To Hide Talc Danger

    A California judge ruled Thursday that a woman alleging Johnson & Johnson’s talcum powder products caused her ovarian cancer can’t claim during opening statements in next week’s much-anticipated bellwether trial that J&J conspired to keep warning labels off talc products, saying the evidence shows only legal lobbying.

  • July 20, 2017

    Shkreli, Gov't Embroiled In Investor Evidence Fight

    Attorneys for Martin Shkreli and prosecutors in his securities fraud trial on Thursday traded barbs over a government bid to admit a slew of investor documents into evidence without calling those investors to the witness stand, which the defense claims would violate Shkreli's Sixth Amendment rights.

  • July 20, 2017

    10th Sentence Handed Down In Fla. Health Care Fraud Case

    A federal judge in Miami has sentenced the last of 10 South Florida assisted living facility owners charged last year for conspiring with a local pharmacy to defraud Medicare and Medicaid, according to the U.S. Department of Justice and court records.

  • July 20, 2017

    Amphastar Asks Jury To Nix $1B Momenta Infringement Case

    Amphastar Pharmaceuticals on Thursday told a federal jury in Boston that generic competitor Momenta’s “outrageous” dishonesty in developing standards for a lucrative blood thinner should end the company’s patent infringement case.

  • July 20, 2017

    Study Says Some Antibiotics Up Risk Of Birth Defects

    A study published Wednesday found certain antibiotics taken during the first trimester of a pregnancy may be linked to major birth defects, including heart malformations, in newborns.

  • July 20, 2017

    Wis. Court Nixes Doctor’s Win Over Health Clinic Firing

    A Wisconsin appellate court on Thursday reversed a jury verdict in favor of a doctor claiming he was unlawfully fired following a health clinic operator’s internal probe of allegations of inappropriate touching of patients, saying his contract allows for termination without cause and therefore the suit should’ve been tossed.

  • July 20, 2017

    NJ Couple To Pay $2.1M Settlement Over Illegal Securities

    A New Jersey couple and the companies they own have agreed to pay $2.1 million to settle allegations by the state Bureau of Securities that they sold unregistered securities on a real estate investment that failed, Attorney General Christopher S. Porrino and the state Division of Consumer Affairs announced Thursday.

  • July 20, 2017

    Texas Inmates Need Relief From Summer Heat, Judge Rules

    A federal judge on Wednesday ruled that Texas must provide relief from high summer temperatures for inmates at a geriatric and medical prison, granting a preliminary injunction to a certified class of prisoners suing the state over exposure to sweltering indoor temperatures, which they say violates their constitutional rights.

  • July 20, 2017

    House Panel Approves 2018 Budget Bill

    The House Budget Committee on Wednesday approved a budget resolution for fiscal 2018 that would allow $1.132 trillion for discretionary spending, increasing funding for defense while making significant planned cuts to health care and other mandatory expenditures and pushing for a tax overhaul.

Expert Analysis

  • Improving Medicare With Expanded Telehealth Services

    Anthea Daniels

    The U.S. Senate Finance Committee recently approved a bill that would expand Medicare reimbursement of telehealth services. Anthea Daniels of Baker Donelson Bearman Caldwell & Berkowitz PC reviews the proposed changes and how they would loosen the current telehealth limitations.

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.

  • Enforcing Arbitration Clauses In Product Packaging

    Abby Sacunas

    Two recent U.S. Supreme Court decisions pertaining to the enforceability of arbitration clauses provide guidance to manufacturers looking to bind consumers through the use of product packaging. Under certain states’ laws, such clauses may be enforceable — so long as reasonable notice is provided, along with notice that failure to return the product constitutes assent, says Abby Sacunas of Cozen O'Connor.

  • Is Bankruptcy An Option For Ancillary Marijuana Businesses?

    Patricia Heer

    The director of the U.S. Trustee Program recently proclaimed before a congressional subcommittee that debtors with assets or income derived from marijuana may not proceed through the bankruptcy system. However, this limitation has not been addressed, let alone settled, with respect to businesses that are ancillary to marijuana cultivators and dispensaries, says Patricia Heer of Duane Morris LLP.

  • Health Republic’s Curious Liquidation: Part 12

    James Veach

    Health Republic's liquidator has stated that claimants will not be paid until Health Republic's disputed claims against and from the federal government are resolved. Policyholders and other creditors should not be told to wait through a claims adjudication process only to find that potentially barely any money may remain to pay even a small portion of approved claims, says James Veach of Mound Cotton Wollan & Greengrass LLP.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.