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  • January 23, 2019

    Health Recruitment Faxes Are Ads Under TCPA, Judge Says

    A New York federal judge refused Wednesday to toss a putative class action accusing fitness and wellness program provider Tivity Health of disseminating unauthorized and unwanted faxes about a new program, finding the disputed communications "commercial in nature," thus counting as "unsolicited advertisements" prohibited by the Telephone Consumer Protection Act.

  • January 23, 2019

    FCA Co. Torches DOJ Effort To Scuttle Suits

    A company that specializes in bringing False Claims Act cases has launched a scorched-earth attack on the U.S. Department of Justice for seeking dismissal of nearly a dozen suits it filed, accusing the DOJ of trying to “legalize certain kickbacks” to doctors from drugmakers.

  • January 23, 2019

    Juror Bias Claim Can't Undo Pa. Docs' Med Mal Trial Win

    A Pennsylvania appeals court on Wednesday affirmed a defense verdict in a suit accusing two doctors and others of causing a newborn's birth injury, rejecting an argument that several prospective jurors who were previously treated by the health care providers should've been excused for bias.

  • January 23, 2019

    Dexcom Defective Device Suit Sent Back To State Court

    A Tennessee federal judge on Wednesday sent back to state court a suit alleging that a defective blood glucose monitoring system led to the death of a young man in his sleep, saying that the claims aren't based on a failure to comply with federal regulations.

  • January 23, 2019

    Merck Can't Arbitrate Antitrust Suit Over Vaccine Bundles

    Merck Sharp & Dohme Corp. cannot force each individual in a proposed class action to arbitrate claims that its pediatric vaccine bundles with alleged artificially inflated price tags are anti-competitive, a Pennsylvania federal judge ruled Tuesday, finding that the plaintiffs never signed arbitration agreements.

  • January 23, 2019

    Boston Scientific's Del. Merger Trial Still A Go For April

    A Delaware Chancery Court judge said Wednesday that a trial over the collapse of a planned merger between medical device makers Boston Scientific Corp. and Channel MedSystems Inc. will stay on course for April, pending an update in late March regarding federal approval for Channel’s Cerene device.

  • January 23, 2019

    Trump Administration Appeals Birth Control Rule Block

    The Trump administration on Wednesday sought Third Circuit review of a Pennsylvania federal court’s nationwide preliminary injunction barring moral- or religious-based employer exclusions from the Affordable Care Act’s birth control coverage mandate.

  • January 23, 2019

    3rd Circ. Sinks Pa.'s Fee Bid In Hospital Merger Fight

    The Third Circuit on Wednesday refused to award the Commonwealth of Pennsylvania $1.2 million in attorneys' fees over its successful attempt to block a hospital merger it claimed would harm competition in the region, ruling that the applicable antitrust law didn’t allow for fee shifting.

  • January 23, 2019

    5 Key Changes In Final IRS Pass-Through Deduction Rules

    The Internal Revenue Service’s final regulations for claiming the new 20 percent deduction for pass-through income introduced a few surprises. Here, Law360 looks at the five main differences between the final regulations and the rules proposed last summer.

  • January 23, 2019

    Texas Nurses Lose Cert. Bid In Wage Info Antitrust Row

    A Texas federal judge on Tuesday refused to certify a class of San Antonio nurses who allege three area hospital systems violated antitrust laws in a bid to suppress salaries by exchanging private information concerning wages with other hospitals across the nation.

  • January 23, 2019

    Paternity Test Ordered In Doc-Patient Insemination Suit

    An Idaho federal judge on Tuesday ordered a paternity test be taken by a doctor accused of using his own sperm to artificially inseminate a patient nearly 40 years ago, saying online genetic testing results can’t properly confirm the doctor’s paternity.

  • January 23, 2019

    Deals Rumor Mill: J&J, Union Life, Edcon

    Johnson & Johnson is reportedly vying for Auris Health Inc., Union Life Insurance Co. wants to sell a majority stake, and retailer Edcon Ltd. is discussing a deal for as much as 3 billion South African rand ($217 million) in funding.

  • January 23, 2019

    5 NY Doctors Denounce DOJ Charges Of Insys Kickbacks

    Five New York doctors on Tuesday assailed a U.S. Department of Justice indictment accusing them of pocketing kickbacks to prescribe a fentanyl painkiller sold by Insys Therapeutics Inc., saying there are no concrete signs of an illicit quid pro quo.

  • January 23, 2019

    Endo Slams DQ Bid For BakerHostetler Atty In Opioid MDL

    Endo Pharmaceuticals Inc. on Wednesday hit back at a motion to disqualify a BakerHostetler partner— and former U.S. attorney who worked on the opioid crisis— from bellwether cases in the opioid multidistrict litigation, saying she hasn’t violated any ethical rule.

  • January 23, 2019

    Hospital Opposes 8th Circ. Redo In EEOC Religious Bias Suit

    A Minnesota hospital accused by the U.S. Equal Employment Opportunity Commission of rescinding a job offer because the applicant asked for time off on her Sabbath urged the full Eighth Circuit on Wednesday not to review a split panel ruling that she didn’t have a claim under Title VII’s so-called opposition clause.

  • January 23, 2019

    Sheppard Mullin Nabs FDA Pro From Sidley Austin

    Sheppard Mullin Richter & Hampton LLP has brought in a former Sidley Austin LLP partner with years of experience advising life science companies on a variety of U.S. Food and Drug Administration matters, ranging from preparing for inspections to product safety.

  • January 23, 2019

    Ex-Hospital Director Pleads Guilty In $1B Health Fraud Case

    A former Miami-area hospital director pled guilty Wednesday in Florida federal court to conspiring to defraud the United States and paying and receiving health care kickbacks as part of a $1 billion health care fraud scheme.

  • January 22, 2019

    Walgreens Pays $269M In Milestone FCA Deals

    Walgreens Boots Alliance Inc. has inked settlements worth $269 million to end False Claims Act allegations of egregious overbilling for various drugs, the U.S. Department of Justice said Tuesday, marking some of the largest FCA payouts ever by a retail pharmacy.

  • January 22, 2019

    Univ. Of Md. Hospital Beats Suit Over Negligent MRSA Care

    A Maryland appellate court on Friday upheld the dismissal of a suit accusing the University of Maryland Medical Center of negligently treating a man’s MRSA infection that led to a total knee replacement, saying the suit was untimely filed.

  • January 22, 2019

    Nurse Can't Revive Age, Gender Bias Suit At 1st Circ.

    The First Circuit on Tuesday affirmed a lower court’s toss of a suit that alleged a Massachusetts hospital worker was wrongly terminated for his age and gender, finding there was “extensive support” for the unbiased reason the hospital gave for his dismissal.

Expert Analysis

  • 4 Privacy Law Predictions For 2019

    Liisa Thomas

    What can you do to prepare your company for all that is to come on the privacy front this year? First, keep your eyes open for developments in California and the EU, says Liisa Thomas, leader of Sheppard Mullin Richter & Hampton LLP's privacy practice.

  • Opinion

    Courts Are Getting It Right On Litigation Funding Discovery

    Matthew Harrison

    Earlier this month, a California federal court denied discovery into the identification of third-party funders with a financial interest in the outcome of an underlying patent infringement action. This decision in MLC v. Micron follows a long line of well-reasoned precedent across U.S. federal courts, say Matthew Harrison and Sarah Jacobson of Bentham IMF.

  • Settlement Counsel Key For Efficient Mass Tort Resolution

    J. Stephen Bennett

    Team-based specialization in mass tort litigation defense allows each member to draw on individual strengths, maximizing their contribution. A core tenet of this approach is using settlement counsel to focus on strategic initiatives and end-game resolution efforts, separate from the heated battle lines of the litigation, say attorneys at Faegre Baker Daniels.

  • Hospitals Have Hope As Justices Mull Medicare Case

    Mark Polston

    U.S. Supreme Court oral arguments in Azar v. Allina Health Services seemed to favor a ruling that could mean billions of dollars in additional Medicare payments to many hospitals. But the case also could significantly affect Centers for Medicare & Medicaid Services operations, say Mark Polston and Matthew Horton of King & Spalding LLP.

  • Diversity's Next Step: Developing Minority Partners

    Chris King.jpg

    The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

  • Takeaways From NJ Bulletin On Out-Of-Network Health Care

    Cynthia Borrelli

    The New Jersey Department of Banking and Insurance has released a bulletin clarifying its law designed to protect consumers from "hidden" out-of-network health providers, but many questions still remain, say Cynthia Borrelli and Michael Morris of Bressler Amery & Ross PC.

  • A 2019 Field Guide To Calif. Class Actions

    William Stern

    For those navigating the California class action landscape in 2019, it pays to know what happened in 2018. William Stern of Covington & Burling LLP looks back at the most important developments and discusses what to expect going forward.

  • 2018 Trends In HHS Corporate Integrity Agreements

    John Bentivoglio

    The Office of Inspector General at the U.S. Department of Health and Human Services entered into only 37 new corporate integrity agreements last year — the lowest number since 2012 — but it was an important year on the policy front, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.