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Health

  • June 22, 2018

    House Passes Sweeping Opioid Treatment, Medicare Bill

    The U.S. House of Representatives passed a sweeping anti-opioid abuse bill Friday with broad bipartisan support, rolling together dozens of other pieces of legislation passed over the last two weeks.

  • June 22, 2018

    Health Co. Can't Get Insurer To Cover $1.4M Arbitration Award

    An Illinois federal judge on Thursday ruled that CorVel Corp. can’t force its insurer to cover a nearly $1.4 million arbitration award it was ordered to pay to Hartford Fire Insurance Co. in a dispute over alleged flaws in CorVel’s medical bill review system, finding that a policy exclusion for claims arising from software problems bars coverage.

  • June 22, 2018

    In His Own Words: How Texas Judge Is Mulling ACA Case

    A once-obscure Texas federal judge who rocketed to prominence after being handpicked to hear lawsuits against the Obama administration is now overseeing his biggest case yet: an existential challenge to the Affordable Care Act. In an interview with Law360, U.S. District Judge Reed O'Connor explained how he's approaching the momentous legal battle.

  • June 22, 2018

    Calif. OSHA Employee Charged With Bribery Scheme

    A district manager with California's Division of Occupational Safety & Health has been charged in state court with accepting bribes in exchange for lowering workspace safety violation penalties faced by a construction company, according to the California attorney general's office.

  • June 22, 2018

    Health Care Cos. Raise $228M To Cap 10-IPO Week

    Cancer-focused biotechnology firm Autolus Therapeutics PLC and medical technology company Electrocore LLC made strong debuts in public markets on Friday after raising $228 million through initial public offerings, concluding a 10-IPO week dominated by the biotechnology sector.

  • June 22, 2018

    ERISA Plan Accused Of Skirting $6.5M In Medical Claims

    Dockworkers and a medical facility in California hit the providers of a health and welfare plan on Thursday with a suit claiming it owes nearly $6.5 million in unpaid claims that were preapproved, telling a federal judge the plan has violated the Employee Retirement Income Security Act in failing to pay the claims.

  • June 22, 2018

    Taxation With Representation: Latham, Davis Polk, Stikeman

    In this week’s Taxation with Representation, Veritas-backed Verscend Technologies bought Cotiviti Holdings for $4.9 billion, Roche took over Foundation Medicine in a $2.4 billion deal, Baytex bought Raging River Exploration for $2.1 billion, and William Scotsman took over Modspace in a $1.1 billion deal.

  • June 22, 2018

    Fed. Circ. Says No Extra Fees For 'Egregious' HHS Behavior

    Extra attorneys’ fees can’t be used to address the U.S. Department of Health and Human Services' “egregious” misconduct during a support contract procurement, the Federal Circuit ruled Friday.

  • June 22, 2018

    Real Estate Rumors: Morguard, Starwood REIT, Aetna

    Morguard Management has reportedly bought 125 Florida condos for $19 million, real estate investment trust Starwood Property is said to have loaned $213 million for a Los Angeles project that includes hotel and retail components, and Aetna has reportedly leased 85,000 square feet in Florida.

  • June 22, 2018

    Plastic Surgeon Loses Appeal In Bid To Restore License

    A Florida appeals court on Friday affirmed the license revocation of a plastic surgeon who punctured two patients' organs while performing liposuction, finding that it was acceptable for an administrative law judge and the state medical board to partially base their decisions on his refusal to testify.

  • June 22, 2018

    Native American Cases To Watch In The 2nd Half Of 2018

    Native American law practitioners will be closely tracking a U.S. Supreme Court case that could shake the foundations of tribal, federal and state jurisdiction in Oklahoma, as well as watching a Federal Circuit decision on a New York tribe’s ability to assert sovereign immunity to block a challenge to several patents' validity and keeping an eye on tribes' role in multidistrict opioid litigation in the second half of 2018.

  • June 22, 2018

    SuperValu Destroyed Pricing Evidence, Whistleblowers Say

    Whistleblowers in a lawsuit accusing grocery store conglomerate SuperValu Inc. of overcharging the federal government for medication asked an Illinois federal judge to sanction the chain, saying it destroyed material evidence that would have helped prove their claims.

  • June 22, 2018

    Deals Rumor Mill: Centurium Capital, Tronox, BlackRock

    A private equity firm led by an ex-Warburg Pincus executive is seeking $1.5 billion for a fund that will invest in Chinese health care and consumer companies, the European Commission will approve the $2.4 billion Tronox-Cristal deal with conditions, and BlackRock wants to buy into an Italian asset manager.

  • June 22, 2018

    New Native Americans Head OK'd By Senate

    President Donald Trump’s choice to head the Administration for Native Americans at the U.S. Department of Health and Human Services has been cleared by the full U.S. Senate, the chair of the U.S. Senate Committee on Indian Affairs has announced.

  • June 22, 2018

    Xerox Can't Blame Doctors In $1B Texas Medicaid Fraud Row

    Xerox Corp. can’t try to share the blame for what Texas claims is a $1 billion civil Medicaid fraud with orthodontists who allegedly provided unnecessary services to poor children, and the orthodontists can’t pursue claims against the state, the Texas Supreme Court held in a pair of opinions Friday.

  • June 21, 2018

    Split 9th Circ. Ditches Own Precedent In Nu Image Union Row

    A divided Ninth Circuit ruled Wednesday that film producer Nu Image Inc. can't sue in federal court over a union contract provision requiring it to pay into health and pension funds, in a decision that pitted a U.S. Supreme Court ruling against the appeals court’s own precedent.

  • June 21, 2018

    NYU Hospital Can't Prove Rivals Used Antitrust Tactics

    NYU Hospitals Center has made no showing of an illegal conspiracy between rival hospitals, a union and a former collective labor contracts negotiator, a New York federal judge ruled Wednesday, dismissing the hospital’s antitrust claim while allowing it to pursue allegations that it overpaid into an employee benefit fund.

  • June 21, 2018

    HCR ManorCare Presents New Ch. 11 Plan with Better Deal

    Assisted living company HCR ManorCare Inc. returned to Delaware bankruptcy court Thursday to receive approval for an updated Chapter 11 plan that will increase recoveries for equity holders if the acquirer of the debtor’s assets closes a merger of its own.

  • June 21, 2018

    TransCare Trustee Pressed On $10M Suit Against Lynn Tilton

    Asked on Thursday to explain the gist of a $10 million clawback suit against Lynn Tilton and her private equity firm, Patriarch Partners LLC, counsel for the liquidating trustee of TransCare Corp. said the distressed-debt maven breached a legal duty to protect the ambulance operator from ruin.

  • June 21, 2018

    PBMs, Insurers Back Anthem, Express Scripts In Pricing Suit

    Two trade associations for pharmaceutical benefits managers and health insurers have thrown their support behind Anthem Inc. and Express Scripts Inc. in a dispute at the Second Circuit over the companies’ drug pricing, arguing that the companies weren’t acting as fiduciaries when they contracted together.

Expert Analysis

  • Cheers To 80 Years Of The Food, Drug, And Cosmetic Act

    Ebunola Aniyikaiye

    Eighty years ago, President Franklin D. Roosevelt signed the Federal Food, Drug, and Cosmetic Act. In recognition of this anniversary, attorneys at Epstein Becker Green review how the act came to be, how it has evolved, and how the U.S. Food and Drug Administration is enforcing its authority under the act to address the demands of rapidly evolving technology.

  • FDA Clarifies Communication Rules For Medical Product Cos.

    Douglas Hallward-Driemeier

    The U.S. Food and Drug Administration recently provided drug and device manufacturers additional flexibility to convey certain types of truthful, nonmisleading product information. These guidance documents address FDA regulation of manufacturer communications, but the FDA still has work to do to complete its comprehensive review of policies in this area, say attorneys at Ropes & Gray LLP.

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • Life Sciences Cos. Should Assess Charitable Donations Programs

    Gary Giampetruzzi

    This year, the U.S. Attorney's Office for the District of Massachusetts has investigated several life sciences companies for their donations to independent copay assistance charities. As the list of investigations grows longer, life sciences companies should reassess their policies, procedures and monitoring regarding donations, say attorneys at Paul Hastings LLP.

  • 10 Steps To Modernizing Corporate Integrity Agreements

    John Bentivoglio

    A recent report by the U.S. Government Accountability Office highlights the important role corporate integrity agreements play in protecting federal health care programs when federal laws are violated. Given their central role in promoting compliance, it is time for the U.S. Department of Health and Human Services’ Office of Inspector General to update its templates and approach, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Rebuttal

    Physician Observation Billing Concerns Are Unwarranted

    Sheree Kanner

    A recent Expert Analysis article titled “Challenges In Billing Physician Observation Services” needlessly raises concern among hospitals and physicians about proper billing by physicians for Medicare observation services, says Sheree Kanner of Hogan Lovells.

  • New Frontier Of US Health Info Regulation Comes From EU

    Nancy Libin

    While the U.S. Department of Health and Human Services Office of Civil Rights has been quiet recently with respect to Health Insurance Portability and Accountability Act enforcement actions, the newly empowered EU data protection authorities will be eager to flex their muscles and show that the General Data Protection Regulation’s extraterritorial reach is not only real, but that noncompliance can be painful, say Nancy Libin and David Saunders of Jenner & Block LLP.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • An Anti-SLAPP Motion In Name Only

    Joseph Gjonola

    The Ninth Circuit’s decision last month in Planned Parenthood v. Center for Medical Progress has effectively turned the anti-SLAPP motion into a hybrid of typical motions to dismiss and motions for summary judgment. As a result, defendants have lost the primary benefit of the anti-SLAPP process, says Joseph Gjonola of Roxborough Pomerance Nye & Adreani LLP.