The Senate failed to reach a funding deal Sunday night, extending the government shutdown as both parties continued to clash over longstanding spending and immigration issues.
The New York federal judge overseeing consolidated actions over a 2015 data breach at Excellus BlueCross BlueShield on Friday reinstated claims brought by customers who claimed their data had been exposed but not misused, reversing her earlier decision that these plaintiffs hadn't alleged an injury sufficient to establish Article III standing.
The Seventh Circuit on Friday upheld the prison sentences of a man and a woman convicted in a $4.3 million scheme to defraud Medicare, finding the district judge used proper calculations and considerations to determine their sentences.
A Florida federal judge Friday ordered a $1.9 million sanction against a home health care staffing service in a U.S. Department of Labor overtime suit, saying the company has yet again failed to comply with an order to produce copies of nurses’ payroll records.
A Philadelphia County court “played into defendants’ hands” by ignoring a number of late filings and made other mistakes in deciding to transfer a medical malpractice suit over the death of a toddler to another court 60 miles away, a Pennsylvania appeals court said Thursday.
The U.S. Department of Health and Human Services on Friday said it will get more assertive about ensuring that doctors and nurses can refuse to participate in abortions, a move that will encourage hospitals to assess employee attitudes on the subject.
The Third Circuit ruled in a precedential decision Friday that a whistleblower suit alleging Medco Health Solutions Inc. flouted the False Claims Act by engaging in a kickback scheme could not proceed without establishing a link between the scheme and the Medicare and Medicaid patients whose claims the government reimbursed.
A D.C. federal judge who recently ordered the U.S. Equal Employment Opportunity Commission to start over on its rules for workplace wellness programs has walked back his requirement that the agency issue public notice by August for replacement regulations, but said Thursday the existing rules must still be vacated in 2019.
A Brooklyn federal judge has declined to reconsider his disqualification of a Thompson Hine LLP attorney from representing a broker charged with aiding an $86 million pump-and-dump scheme, ruling in an order entered Thursday that there’s no alternative but for the broker to find new counsel.
A Manhattan federal judge on Friday declined to sentence a former senior U.S. Food and Drug Administration official to prison for his role in an insider trading scheme in which he funneled nonpublic drug approval information to a portfolio manager for hedge fund Visium Asset Management LP.
Abbott Laboratories Inc. and AbbVie Inc., along with more than 200 plaintiffs, asked an Illinois federal judge Friday to pause dozens of cases over birth defects allegedly caused by a seizure medication, as the drugmakers participate in settlement negotiations.
King & Spalding LLP's health care group spent 2017 tangling with federal agencies, negotiating with the nation's largest health care plans and molding unique business deals, work that earned its lawyers a spot among Law360's Practice Groups of the Year.
Prosecutors said Friday that they plan to retry U.S. Sen. Bob Menendez and a Florida ophthalmologist on corruption charges in New Jersey federal court after a deadlocked jury led to a mistrial last fall.
The California Supreme Court on Thursday decided to review a suit over the suspension of a Cedars-Sinai Medical Center physician in connection with an allegedly botched spinal surgery, agreeing to review the hospital's appeal of a October decision that allowed the physician to continue the suit against the hospital over his suspension.
Former executives at Insys Therapeutics Inc. charged with plotting to bribe fentanyl prescribers notched a quick win on evidence access Thursday at a Boston hearing that grew tense after defense counsel surprised a leading federal prosecutor with last-minute motions.
A Wisconsin federal judge on Wednesday dissolved a Fair Labor Standards Act collective of hospital workers bringing wage and hour claims against ThedaCare Inc. and also refused to certify a proposed class in the same suit after finding that the workers’ situations weren’t similar enough.
The U.S. House of Representatives on Thursday approved a short-term spending bill to keep the government funded for several more weeks, but the threat of a government shutdown loomed as the bill moved to the Senate, where passage remains uncertain.
USA Gymnastics on Thursday said it has ended its relationship with the Karolyi Ranch training center, one of the locations where former team doctor Larry Nassar is alleged to have molested gymnasts, an announcement that came amid a sentencing hearing in which Nassar pled guilty to sexual abuse charges.
Outpatient surgical center Marion HealthCare LLC on Wednesday hit back at claims that it improperly filed confidential information in its Illinois antitrust suit against Southern Illinois Healthcare, blaming the hospital chain for the accidental disclosure of contract information.
A doctor admitted in New Jersey federal court Thursday to selling unlawful prescriptions for oxycodone to a government operative in exchange for cash or access to welfare benefits, and to defrauding Medicare and Medicaid programs out of $30,000 in billing for allergy tests, authorities said.
Federal courts across the country are handing down important rulings interpreting the U.S. Supreme Court’s landmark decision on False Claims Act liability in Universal Health Services v. Escobar. As the rulings keep pouring in, stay up to speed on Law360’s latest coverage and analysis of Escobar’s impact.
In both civil and criminal enforcement proceedings, 2017 was perhaps most notable for the cases brought against individual health care providers and small physician practice owners. Several factors may have influenced the uptick in these types of cases, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.
Over the last year, the existential risk posed by cyberattacks and data security vulnerabilities has become one of the top concerns for boards of directors, management, government agencies and the public. 2017 was punctuated by a series of headline-grabbing breaches, fast-moving regulatory developments around the globe, and record-breaking settlements by companies, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.
The U.S. Department of Justice’s "Fraud Section Year in Review" report provides a useful overview of what the Criminal Division’s largest litigating section accomplished in 2017, comparisons to years past, and important hints at what the future holds for individuals and entities whose activities come within the Fraud Section’s broad reach, say Kevin Muhlendorf and Madeline Cohen of Wiley Rein LLP.
As expected, the U.S. Supreme Court's Escobar decision triggered a spate of litigation over how to apply the materiality standard in False Claims Act cases. Throughout 2017, the lower courts built upon the standard, but we expect courts to continue to grapple with the issue through 2018, say Laurence Freedman and Jordan Cohen of Mintz Levin Cohn Ferris Glovsky and Popeo PC.
In a long-anticipated move, the Centers for Medicare & Medicaid Services recently announced that it will allow states to implement Medicaid work requirements, representing a major shift in the agency's policy. However, the move will only impact a small percentage of the Medicaid population, say Caroline Brown and Philip Peisch of Covington & Burling LLP.
Last year, courts issued numerous health care-related decisions interpreting the legal standards under the False Claims Act and assessing the viability of a multitude of FCA liability theories. These decisions will affect the prosecution and defense of FCA cases for years to come, says Brian Dunphy of Mintz Levin Cohn Ferris Glovsky and Popeo PC.
Although Attorney General Jeff Sessions' rescission of the Cole memo does not change federal law, negative response to the rescission across the cannabis sector and political landscape was strong, swift and bipartisan, which may lead to congressional action in the future, say Jonathan Robbins and Joshua Mandell of Akerman LLP.
The volume of health care-related qui tam litigation under the False Claims Act remained robust last year. In the first of four articles on health care enforcement in 2017, Kevin McGinty of Mintz Levin Cohn Ferris Glovsky and Popeo PC discusses the important takeaways from a number of trends.
Little attention has been paid to a provision of the new tax law that requires federal agencies to specify, at the time of settlement of government claims, the portion of the settlement that may be deductible as a business expense. This is sure to impact False Claims Act and other settlements involving the government going forward, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.
In an attempt to peek behind the corporate curtain and pick the brains of those with unrivaled access to their companies’ trade secrets, we surveyed 81 in-house attorneys who work on trade secret issues. We discovered many interesting findings — and one alarming trend, say attorneys with O’Melveny & Myers LLP.