Health

  • October 19, 2021

    Hacker Gets 7 Years For Stealing Hospital Workers' Info

    A Michigan man was sentenced to seven years in prison for hacking the human resources department at the University of Pittsburgh Medical Center and stealing personnel records for more than 65,000 employees, spurring $1.7 million in false tax refunds and a major class action against UPMC.

  • October 19, 2021

    Sanctions Nixed For Atty Who Missed Med Mal Deadline

    A Pennsylvania appeals court on Tuesday vacated $85,000 in sanctions against an attorney who missed a deadline to provide documentation on a certificate of merit after the conclusion of a case, saying the trial court should still have performed an analysis to determine if sanctions were warranted even though the attorney did not file an opposition in time.

  • October 19, 2021

    UnitedHealth Unit Wants Out Of Surgical No-Poach Suits

    In a case alleging surgery centers conspired not to hire each other's senior employees, a UnitedHealth Group unit told an Illinois federal judge she shouldn't be the first to hold that a stand-alone nonsolicitation agreement is inherently anti-competitive under federal antitrust law.

  • October 19, 2021

    Taiwanese Pharma Co. Fights AOP Orphan's Sanctions Bid

    Taiwanese pharmaceutical company PharmaEssentia has told a Massachusetts federal judge that despite its immense cooperation with discovery requests, Austrian pharmaceutical company AOP Orphan has "aggressively" sought sanctions for a single document request in litigation over an arbitral award exceeding €142 million.

  • October 19, 2021

    Tower Health Bonuses Sink Hospital Tax Exemption Bid

    A Pennsylvania state court judge said the state's criteria for assessing whether a hospital should be tax-exempt were outdated and unsuited for an age of large health care companies with multiple facilities, as he denied exemptions for three Chester County hospitals over their apparent profit motive and executive bonuses.

  • October 19, 2021

    Teva Fights Eli Lilly's Bid To Toss Migraine Drug IP Case

    Teva Pharmaceuticals says that Eli Lilly shouldn't be able to dodge a suit alleging an Eli Lilly migraine drug infringes a pair of Teva patents, arguing that the complaint is adequately pled.

  • October 19, 2021

    Cleary-Led Chipmaker Leads Four IPO Launches Totaling $4B

    Cleary-led semiconductor company GlobalFoundries Inc. set a price range Tuesday for an estimated $2.4 billion initial public offering, one of four companies to launch plans on IPOs that could raise $4 billion combined next week.

  • October 19, 2021

    Haitian Advocates Assail 'Racialized Abuse' From DHS

    The U.S. Department of Homeland Security has been hit with another civil rights complaint letter over agents' treatment of Haitian migrants at the southern border, with a Boston-based advocacy group calling for a systemic investigation into alleged racial animus in the department.

  • October 19, 2021

    NJ Workers Sue State Over COVID-19 Testing Mandates

    New Jersey judiciary and education workers have launched a constitutional challenge to new COVID-19 mandates handed down as courts and schools began reopening for in-person operations, alleging the rules violate the right to be free of forced medical testing and surveillance.

  • October 19, 2021

    Katten Picks Up Ex-Holland & Knight Litigator In Dallas

    Katten Muchin Rosenman LLP recently hired a former Holland & Knight LLP litigator with experience representing insurers and employers in health care disputes to work as a partner on its commercial litigation team in Dallas.

  • October 19, 2021

    Baker Donelson Adds Volvo Unit GC In Flurry Of Oct. Hires

    Baker Donelson Bearman Caldwell & Berkowitz PC announced on Tuesday that the former general counsel for Volvo Financial Services USA is joining the firm as a shareholder in the financial services transactions group and its specialty finance team.

  • October 19, 2021

    Rutgers Students Want To Hide Names In COVID Vaccine Suit

    A group of Rutgers University students said they are worried about "social ostracism and retaliation" in urging a New Jersey federal court to let them remain anonymous in pursuing claims that the school's COVID-19 vaccine mandate for students is unlawful, citing the stigmatization of unvaccinated individuals amid the coronavirus outbreak.

  • October 19, 2021

    Tri-State Hospitals Lose Virus Coverage Fight With Zurich

    A tri-state area hospital system lost its bid for coverage from Zurich American Insurance Co. for pandemic losses, with a New Jersey state court finding the system failed to show physical damage to its properties that would qualify it for coverage.

  • October 18, 2021

    Del. Judge Puts Off Ruling On HHS Discount Pharmacy Fight

    A federal judge in Delaware said Monday he was not persuaded that AstraZeneca Pharmaceuticals LP urgently needs a quick ruling on its bid to scuttle federal enforcement actions accusing it of violating a nationwide program mandating discount drug prices for targeted groups.

  • October 18, 2021

    Arapaho Tribe Received Full Health Payments, 10th Circ. Told

    The federal government has told the Tenth Circuit it has no duty to reimburse the Northern Arapaho Tribe for third-party costs billed by Medicare, Medicaid and private insurers beyond what it has already paid under an annual agreement, saying the tribe has received all the money it's owed.

  • October 18, 2021

    J&J's Bankrupt Unit Says Ch. 11 Stay Extends To Parent Co.

    LTL Management LLC told a North Carolina bankruptcy judge on Monday that the automatic stay of litigation granted to Chapter 11 debtors should extend to its parent company, Johnson & Johnson, and that the thousands of talc personal injury lawsuits pending against the health care giant should be paused.

  • October 18, 2021

    Generic-Drug Group Wants Justices To Intervene Against FTC

    The trade group for the generic-drug industry has joined Impax Laboratories in asking the U.S. Supreme Court to overturn a Fifth Circuit decision upholding the Federal Trade Commission's claim that an agreement the generic maker cut with Endo Pharmaceuticals Inc. over the opioid pain medication Opana ER ran afoul of antitrust laws. 

  • October 18, 2021

    5th Circ. Won't Revive Defective Defibrillator Implant Suit

    The Fifth Circuit tossed a man's suit Monday over an allegedly defective defibrillator implant that was made by medical tech company Medtronic, finding that his claims under Louisiana state law are preempted by federal regulations.

  • October 18, 2021

    Feds, Migrants Say Texas Is Tardy To Title 42 Appeal

    The federal government and a class of migrant families excoriated Texas' 11th-hour attempts to intervene in litigation challenging the federal government's use of a public health law to expel migrant families, telling the D.C. Circuit that the motion comes months too late.

  • October 18, 2021

    Texas Has 'Nullified' Abortion Right, DOJ Tells Justices

    The U.S. Department of Justice asked the Supreme Court on Monday to block Texas' ban on most abortions after six weeks of pregnancy, teeing up the second round of the high court legal battle over one of the country's most restrictive abortion measures.

  • October 18, 2021

    Ga. Judges Find Daughter Can't Sue Over Father's Death

    A Georgia appeals court ruled on Monday that the daughter of a man who died after experiencing a stroke can't file a wrongful death lawsuit against a doctor and medical group, because only the surviving spouse has the exclusive right to bring such a claim under state law.

  • October 18, 2021

    FDA Clears 1st Drug Interchangeable With AbbVie's Humira

    The U.S. Food and Drug Administration has given Boehringer Ingelheim the green light to launch an interchangeable biosimilar to AbbVie Inc.'s blockbuster immunosuppressant Humira.

  • October 18, 2021

    FTC Says Shkreli Has No Good Reason To Delay Antitrust Trial

    The Federal Trade Commission is fighting back against disgraced former pharmaceutical executive Martin Shkreli's bid to have his mid-December civil trial pushed back to May, telling a New York federal judge that it is simply the latest in a line of attempts to delay trial.

  • October 18, 2021

    Walmart Blasts Ohio Counties' Sanctions Bid In Opioid Trial

    Walmart on Monday told the Ohio federal judge overseeing two counties' bellwether trial against pharmacies in the opioid multidistrict litigation that their request for sanctions is "ginned up" and based on documents already produced that have nothing to do with the counties.

  • October 18, 2021

    Cancer-Focused Biotech Xilio Joins Packed IPO Pipeline

    Cancer-focused biotechnology firm Xilio Therapeutics Inc. launched plans on Monday to conduct an estimated $125 million initial public offering, joining a packed pipeline of up to 13 operating companies planning to go public this week, potentially exceeding $2 billion in proceeds.

Expert Analysis

  • Preparing Remote Deposition Defenses For Corporate Entities

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    As remote depositions will remain common for the foreseeable future, attorneys defending a deposition notice or subpoena to a corporation should implement certain strategies to mitigate unique challenges, such as less planning time and increased difficulty of establishing rapport with witnesses, say attorneys at Sidley.

  • Mental Health Parity Act: A Compliance Wake-Up Call

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    Recent developments, including the U.S. Department of Labor’s settlement with UnitedHealth, suggest that the DOL is taking a renewed and more aggressive approach to enforcing the Mental Health Parity and Addiction Equity Act, say Tim Kennedy and Anne Hall at Hall Benefits Law.

  • How To Overcome Procedural Hurdles Of Texas Abortion Law

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    Charles Rhodes at South Texas College of Law and Howard Wasserman at Florida International University College of Law outline four strategies to challenge Texas’ new fetal heartbeat law in federal court, arguing that despite widespread alarm, the statute does not eliminate traditional mechanisms of judicial review.

  • OSHA Virus Citation Highlights Key Compliance Challenges

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    The Occupational Safety and Health Administration's recent citation to Fred Loya Insurance Agency for failing to report an employee’s COVID-19-related death shows the compliance hurdles employers face in determining if an exposure is work-related and when a death or inpatient hospitalization must be reported, says Patrick Bickford at Ausley McMullen.

  • Perspectives

    Why Law Schools Should Require Justice Reform Curriculum

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    Criminal defense attorney Donna Mulvihill Fehrmann argues that law schools have an obligation to address widespread racial and economic disparities in the U.S. legal system by mandating first-year coursework on criminal justice reform that educates on prosecutorial misconduct, wrongful convictions, defense 101 and more.

  • Compliance Tips For Marketing Health Benefits In Alcohol

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    When it comes to marketing alcohol products around health benefits, such as vitamin-fortified hard seltzer, accurately understanding product classification, along with regulators' stance on individual beverage claims, will make it easier to avoid regulatory risk, say attorneys at DLA Piper.

  • Tax-Exempt Orgs, Beware This 403(b) Plan Compliance Pitfall

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    A recent Internal Revenue Service publication puts 403(b) retirement plan sponsors on notice about a contribution aggregation compliance failure often identified in audits of government and tax-exempt entities, but risk can be minimized by ensuring plan documents and communications address the issue directly, say Greg Needles and Michael Gorman at Morgan Lewis.

  • Nursing Homes May See Litigation Spike After 7th Circ. Ruling

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    The Seventh Circuit’s recent Federal Nursing Home Reform Act ruling in Talevski v. Health and Hospital Corp. opens skilled nursing facilities to federal litigation from private plaintiffs and could require exhaustion of administrative remedies before invoking state or federal court jurisdiction, say Randall Fearnow and Edward Holloran at Quarles & Brady.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • How Health Care Cos. Can Untangle Web Of Vaccine Mandates

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    While health care companies anxiously await further guidance from various federal agencies on overlapping COVID-19 vaccine mandates, there are several steps industry employers can take to tackle the compliance conundrum and prepare for accommodation requests, staffing shortages and other likely challenges, say attorneys at K&L Gates.

  • Takeaways From DC Circ. Medicare Overpayment Ruling

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    The D.C. Circuit's recent decision in UnitedHealth v. Becerra, reinstating a rule that requires Medicare Advantage organizations to refund certain overpayments, is a near-complete victory for the Centers for Medicare & Medicaid Services, but arguably abandons the rule's negligence standard, say attorneys at Ropes & Gray.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • Corporate Boards' Role In Workplace Vaccine Mandates

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    Company boards may have a role to play in workplace COVID-19 vaccination mandates, given their duty to manage risks and the growing recognition of employees’ importance to the corporate mission — and effective oversight is key to ensuring a vaccine program doesn't introduce new issues, says Jen Rubin at Mintz.

  • Opinion

    Bankruptcy Venue Reform Bill Needs Amending

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    The Bankruptcy Venue Reform Act, currently pending in Congress, goes too far in limiting Chapter 11 filings to jurisdictions where a debtor's principal assets or headquarters are located; we propose a more targeted solution that considers the current reality of complex corporate structures, say Kenneth Rosen and Philip Gross at Lowenstein Sandler.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

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