• May 24, 2017

    4 Key Takeaways As CBO Scores Revised ACA Repeal Bill

    The Congressional Budget Office on Wednesday predicted that Republican legislation largely repealing the Affordable Care Act would destabilize many insurance markets and put comprehensive health insurance out of reach for many Americans. Here are four takeaways from the CBO’s eagerly awaited forecast.

  • May 24, 2017

    Theranos Dodges Investors’ ‘Boundless’ Docs Bid, For Now

    A California magistrate judge refused Wednesday to order Theranos to provide a putative shareholder class with all documents the beleaguered startup produced in similar, recently settled suits over claims it lied about the accuracy of its blood tests, saying he opened discovery, but “that doesn’t mean discovery is boundless.”

  • May 24, 2017

    Scripts Unit Awarded $4.6M Refund Withheld By Co. Suing It

    The Delaware Court of Chancery on Tuesday ordered a health company to turn over to an Express Scripts unit that it’s suing for fraud a $4.6 million tax refund it owes based on the sale of a subsidiary, as the chancellor ruled that the lawsuit from the sale had nothing to do with the tax owed.

  • May 24, 2017

    Thompson & Knight Adds Trial Partner From Jones Day

    Thompson & Knight LLP added a trial partner with a focus on high-stakes litigation, particularly in the health care and oil and gas industries, to its Austin, Texas, office from Jones Day, the firm announced Wednesday.

  • May 24, 2017

    Doc Looks To Stop Forfeiture During $11M Fraud Appeal

    A Florida ophthalmologist, who was sentenced to more than 10 years in prison for defrauding Medicare and private insurers of $11 million, asked a Florida federal court Tuesday to pause forfeiture proceedings while he appeals the decision.

  • May 24, 2017

    Part Of Mom’s Suit Over Gender Bias Against Son Revived

    The Eighth Circuit on Wednesday said a Minnesota nurse can’t pursue gender bias claims under Title VII against her employer Essentia Health over its refusal to cover her son's gender reassignment surgery, but she can pursue discrimination claims under the Affordable Care Act against insurer HealthPartners Inc.

  • May 24, 2017

    Judge Expresses Dismay Over Ill.'s Unpaid Medicaid Bills

    A federal judge on Wednesday said “it doesn’t seem right” that Illinois isn’t paying its Medicaid bills but wasn’t sure what she could do to force the state to pay providers while it sorts through a $14 billion backlog without a budget.

  • May 24, 2017

    NY Hospital To Pay $387K Over Patient Data Disclosure

    A New York hospital will pay more than $387,000 to settle a dispute with U.S. health regulators over allegations that it provided federally protected health information to a patient's employer.

  • May 24, 2017

    Trump Budget Chief Defends Domestic Cuts At House Panel

    President Donald Trump's top budget official pushed back Wednesday on bipartisan criticisms of billions of dollars in domestic spending cuts as he sought support for the president's $4.1 trillion spending plan.

  • May 24, 2017

    5 Charged With Securities Fraud In CMS Reimbursement Leak

    Three partners at hedge fund Deerfield Management Corp., a consultant and an employee at the Centers for Medicare & Medicaid Services were accused by New York federal prosecutors on Wednesday of sharing and profiting from the government’s confidential plans to lower what it would pay for certain health care treatments.

  • May 24, 2017

    Cardiac Tech Investors Hit NEA Funds With Del. Class Suit

    Investors in medical technology developer Advanced Cardiac Therapeutics Inc. opened a class suit against venture capital giant New Enterprise Associates Inc. and affiliates late Tuesday, accusing NEA of using its control for deals that hobbled ACT’s prospects in a $3 billion industry.

  • May 24, 2017

    Plaintiffs Bar Perspective: Ratzan Law Group's Stuart Ratzan

    Some people think it's a good thing that jury trials are less common today, but I think it's another example of a society where the common man is removed from the democratic process, says Stuart Ratzan, shareholder with Ratzan Law Group.

  • May 23, 2017

    Takeaways For Tribes In Reduced DOI Budget Proposal

    The 2018 budget proposal for the U.S. Department of the Interior unveiled Tuesday by the Trump administration would trim over $300 million from federal programs serving Native Americans, cutting education, social services, tribal courts and other items. Here, Law360 looks at how the proposed budget would impact Indian Country.

  • May 23, 2017

    NY, Calif. AGs Blast Bid To Keep Delaying ACA Subsidy Suit

    The attorneys general of California and New York on Monday slammed the U.S. House and the Trump administration’s joint request to continue delaying D.C. Circuit proceedings regarding the House’s challenge of Affordable Care Act subsidies, saying that such a move further destabilizes the health insurance market.

  • May 23, 2017

    $30M Rx Service Investor Double-Crossed, Suit Says

    A hedge fund veteran accused two brothers in New York federal court Tuesday of duping him out of his $30 million stake in a booming prescription service, saying the pair exploited his venture capital reputation while fraudulently reselling the promised shares behind his back.

  • May 23, 2017

    Mass. High Court Limits Anti-SLAPP Law

    In a win for defamation plaintiffs, the Massachusetts Supreme Judicial Court on Tuesday outlined new ways to get around the state’s law that protects people from anti-First Amendment lawsuits.

  • May 23, 2017

    HealthMarkets Escapes FCA Suit Over 'Junk' Insurance

    A Florida federal judge on Monday tossed a False Claims Act suit over alleged “junk” supplemental insurance sold by HealthMarkets Inc. after the federal government declined to intervene and the relator dropped the suit.

  • May 23, 2017

    EB-5 Investors Defend Hospital Investment, Win Visas

    Six Chinese investors have won visa approval through the EB-5 program, ending litigation in which they said the Department of Homeland Security failed to acknowledge that their investments in a hospital helped a troubled business.

  • May 23, 2017

    Feds Want 3 Years For Fla. Man Who Sold Expired Lap-Bands

    A Florida man should spend three years in prison after pleading guilty to selling expired gastric banding systems to doctors, federal prosecutors said Monday, calling for six months less than the sentencing guidelines given his help with their investigation into the fraud.

  • May 22, 2017

    Ill. Appeals Court OKs Medical Marijuana For Post-Op Pain

    An Illinois appeals court on Monday affirmed a trial court’s finding that the director of the state’s Department of Public Health broke the department’s own rules when he unilaterally denied an unnamed man’s petition to add chronic postoperative pain to the list of diseases the state’s medical marijuana law covers.

Expert Analysis

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • Pretax Premiums May Have Employees Singing Post-Tax Blues

    Matt Gerard

    A recent IRS memo states that payments made to participants under certain fixed indemnity health plans must be included in employees’ gross income, unless the premiums for such plans are paid on an after-tax basis. However, the memo does not address how employers should administer these taxable fixed indemnity payments, says Matt Gerard, in-house legal counsel at National Benefits Services.

  • Protecting Privilege In FCA Cases From Start To Finish

    Daniel Chudd

    Companies cannot risk failing to thoroughly investigate False Claims Act allegations. In doing so, however, companies should be wary of unintentionally waiving or failing to establish privilege. There are six common privilege pitfalls to avoid, say Daniel Chudd and Rachael Plymale of Morrison & Foerster LLP.

  • 3 Tips For Using Forensic Firms In Data Breach Response

    Patrick Haggerty

    A company’s ability to quickly and efficiently conduct a forensic investigation is critical to limiting the impact of a data security incident and determining the scope of the incident, says Patrick Haggerty of BakerHostetler.

  • Time For Accountability On Rape Treatment In War Zones

    Bernice Leber

    Sexual violence during armed conflict in places like the Democratic Republic of the Congo has led to donations of some $1 billion for emergency medical care. But almost none of the money or the victims it supports have been accounted for, nor has the efficacy of these efforts been clearly determined, say Bernice Leber and Abigail Lowin of Arent Fox LLP.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • Why Hively Offers Limited Protection To LGBT Employees

    Phillis Rambsy

    Does discrimination based on gender include sexual orientation? With its decision in Hively v. Ivy Tech Community College, the Seventh Circuit recently said yes. But this answer won’t help everyone, says Phillis Rambsy of the Spiggle Law Firm.

  • The Efficiencies Defense: What Would High Court Do?

    Joe Miller

    Anthem's decision to call off its proposed acquisition of Cigna — effectively mooting its appeal to the U.S. Supreme Court — leaves unanswered several important questions regarding the appropriate treatment of efficiencies in a merger challenge, say attorneys with Crowell & Moring LLP.

  • In Congress: Budget, Health Care, Comey

    Richard Hertling

    As we approach the Memorial Day recess, President Trump’s firing of FBI Director James Comey and allegations that the president sought to stop the FBI from investigating former National Security Advisor Michael Flynn’s potential ties to Russia remain at the top of the news cycle and threaten to derail Republican efforts to pursue health care and tax reform, among other priorities, say Richard Hertling and Kaitlyn McClure of Covingt... (continued)

  • Sanctions ​And Export Control Risks For Health Care Cos.

    Zachary Brez

    Recent settlements suggest an emerging trend in which the U.S. government is bringing enforcement actions against health care companies for violating economic sanctions and export control laws. Many health care companies are large organizations with expansive international operations, distributors and end users, making them natural targets due to the laws' broad extraterritorial applications, say attorneys with Ropes & Gray LLP.