• January 21, 2018

    Immigration Standoff Keeps Government Shuttered

    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. 

  • January 19, 2018

    NY Judge Reverses Standing Ax In Excellus Breach Row

    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. 

  • January 19, 2018

    7th Circ. Upholds Sentences In $4.3M Health Care Fraud

    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. 

  • January 19, 2018

    DOL Gets $1.9M Sanction Against Health Care Co. In OT Case

    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.

  • January 19, 2018

    Pa. Appeals Court Slams Trial Court Over Transfer Order

    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.

  • January 19, 2018

    HHS' Anti-Abortion Protections Put Hospitals On Notice

    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.

  • January 19, 2018

    3rd Circ. Affirms Medco's Win In FCA Kickback Suit

    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.

  • January 19, 2018

    Judge Won't Set EEOC Schedule On Wellness Program Rules

    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.

  • January 19, 2018

    Thompson Hine Atty Still DQ’d In $86M Pump-And-Dump Case

    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.

  • January 19, 2018

    Ex-FDA Honcho Ducks Prison For Visium Insider Trading Plot

    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.

  • January 19, 2018

    Abbott, Plaintiffs Seek Stay Of Depakote Suits, Pending Talks

    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.

  • January 19, 2018

    Health Practice Group Of The Year: King & Spalding

    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.

  • January 19, 2018

    Feds Will Retry Menendez On Corruption Charges

    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.

  • January 18, 2018

    Calif. High Court To Review Cedars-Sinai Anti-SLAPP Dispute

    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.

  • January 18, 2018

    Prosecutor Flustered By Surprise Motions At Insys Hearing

    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.

  • January 18, 2018

    Class Decertified In Wage Suit Against Hospital Chain

    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.

  • January 18, 2018

    House OKs Spending Bill To Head Off Gov't Shutdown

    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.

  • January 18, 2018

    USA Gymnastics Ends Deal With Karolyi Ranch Center

    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.

  • January 18, 2018

    Surgery Center Fights Sanctions Bid In Antitrust Row

    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.

  • January 18, 2018

    NJ Doc Cops To Bogus Opioid Prescriptions, Medicare Billing

    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.

Expert Analysis

  • 2017 Health Care Enforcement Review: Final Thoughts

    Eoin Beirne

    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.

  • How The Cybersecurity Legal Landscape Changed In 2017

    Jonathan Kolodner

    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.

  • Fraud Section Under New Management: Takeaways From 2017

    Kevin Muhlendorf

    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.

  • 2017 Health Care Enforcement Review: Materiality Under FCA

    Laurence Freedman

    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.

  • What It Means If States Can Set Medicaid Work Requirements

    Caroline Brown

    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.

  • 2017 Health Care Enforcement Review: FCA Case Law

    Brian Dunphy

    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.

  • America's Shifting Views On Marijuana Post-Cole Memo

    Jonathan Robbins

    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.

  • 2017 Health Care Enforcement Review: Trends In FCA Cases

    Kevin McGinty

    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.

  • How Tax Reform Will Change FCA Settlements

    Douglas Baruch

    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.

  • A Survey Of In-House Attorney Views On Trade Secrets

    David Almeling

    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.