Health

  • July 14, 2020

    In Their Words: Why Diversity At The Bar Is Still A Problem

    SEP SUMM --- READY FOR GRAPHICS --- Three prominent U.S. Supreme Court litigators speak on why the court’s bar continues to have a diversity problem – and how it might be fixed.

  • July 14, 2020

    The Year's Top High Court Moments From Law360's The Term

    Remote arguments. Gorsuch siding with liberals on LGBTQ rights. A mysterious flush. It's been a surprising year at the high court, and Law360's The Term podcast team shares four big takeaways.

  • July 14, 2020

    9th Circ. Revives Kaiser Hearing Loss Benefits Coverage Fight

    The Ninth Circuit on Tuesday partially resurrected a proposed class action claiming Kaiser wrongly refuses to cover any hearing loss treatment except cochlear implants, ruling that the policyholders had failed to show that Kaiser's plans are discriminatory but that it may be possible for them to amend their complaint to do so.

  • July 14, 2020

    Surprising Alliances Shape The Supreme Court Term

    The U.S. Supreme Court saw a drop in narrowly divided rulings and more than a few unusual alliances among the justices in a term packed with contentious cases on abortion, immigration, LGBTQ rights and agency authority.

  • July 14, 2020

    Fla. High Court Orders More Arguments On Pot License Law

    The Florida Supreme Court on Tuesday asked a would-be medical marijuana company and the state's Department of Health to return to court for a second round of oral arguments over whether the law governing the licensing process is an unconstitutional "special law."

  • July 14, 2020

    States' Case To Be Bellwether In Generic Drug Price-Fix MDL

    The Pennsylvania federal judge overseeing multidistrict litigation for price-fixing allegations in the generic drug industry has selected a case from state attorneys general to serve as a bellwether along with three private cases centered on individual drugs.

  • July 14, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    As regional spikes in COVID-19 cases continued to temper reopening efforts over the past week, California officials ordered the closure of a wide swath of businesses and unveiled plans to bolster firefighting reserves, while Florida Gov. Ron DeSantis held a roundtable with mayors following record-high positive test results over the weekend and New York launched a quarantine compliance initiative in airports.

  • July 14, 2020

    Ariz. Nursing Home Must Face Trial In Patient Death Suit

    An Arizona appellate panel revived a suit accusing a nursing home of causing a patient's fall and subsequent hip fracture that led to death, saying Tuesday it should be up to a jury to decide whether the patient's widow's claims are timely.

  • July 14, 2020

    Insurer Says Policy Isn't Triggered In COVID-19 Coverage Suit

    Society Insurance Inc. on Monday told an Illinois federal judge that a group of theaters and restaurants can't get coverage for their COVID-19-related business interruption claims because the policy provisions they cited haven't been triggered.

  • July 14, 2020

    Why Can't Female Lawyers Make Headway At The High Court?

    The number of female lawyers arguing before the U.S. Supreme Court hit a new low this year. Can the pipeline to these coveted oral argument slots be fixed?

  • July 14, 2020

    Law360's Supreme Court Pop Quiz

    Test how closely you were paying attention to the explosive 2019-2020 Supreme Court term.

  • July 13, 2020

    Pot Tracking Service Says It Can Charge Mo. Stores Fees

    Cannabis track-and-trace company Metrc LLC has asked a Missouri appellate court to overturn a trial judge's decision saying it does not have the right to charge businesses "tag fees" for its services to state medical marijuana shops.

  • July 13, 2020

    CDC Employees Demand Racism Be Labeled A Health Crisis

    A group of employees at the Centers for Disease Control and Prevention are demanding the agency reform a culture that they say has marginalized Black employees for years, sending Director Robert Redfield a letter that calls for specific changes in the workplace.

  • July 13, 2020

    'Unfounded Attacks' On Opioid Judge Must Fail, 6th Circ. Told

    CVS Pharmacy Inc., Walgreen Co. and other national pharmacy chains are making phony bias allegations against the Ohio federal judge overseeing multidistrict opioid litigation because they're upset about having lost several legal arguments, local governments have told the Sixth Circuit.

  • July 13, 2020

    DOJ Shuts Down Websites Shilling 'False' COVID-19 Vaccines

    A Kentucky federal judge on Monday ordered the shutdown of a series of related websites and a Facebook page offering preregistration for a nonexistent COVID-19 vaccine in exchange for $100 worth of bitcoin after the Louisville man prosecutors claim is behind the scam agreed to a preliminary injunction.

  • July 13, 2020

    6th Circ. Won't Overturn Pill Mill Operator's Conviction

    The Sixth Circuit on Friday upheld the conviction of a Michigan man for running an opioid pill mill, saying a jury instruction did not wrongly lead jurors to think that the standard required by "reasonable doubt" was lower than it actually is.

  • July 13, 2020

    The Sharpest Dissents From The Supreme Court Term

    The majority of this term’s dissents came from the court’s right-leaning justices, and many of their sharpest critiques stemmed from suits over Trump administration policies. Here, Law360 looks at some of the fieriest.

  • July 13, 2020

    9th Circ. Says Vietnam War Claims Didn't Need Exact Review

    The Ninth Circuit has thrown out a whistleblower's allegations that a former Lockheed Martin unit insufficiently reviewed Vietnam War veterans' claims for exposure to the toxic Agent Orange herbicide, ruling the company wasn't required to check every page of claims files.

  • July 13, 2020

    8th Circ. Backs Wellmark's Win In Suit Over Lactation Services

    The Eighth Circuit on Monday affirmed a lower court's toss of two women's proposed class suit claiming that Wellmark's handling of lactation support and counseling services ran afoul of the Affordable Care Act, saying their arguments in the case ran counter to the plain language of the law.

  • July 13, 2020

    SmileDirect Likely To Lose Calif. Dental Antitrust Suit

    A California federal judge said last week that he'll likely toss SmileDirectClub's antitrust suit against the members of the state dental board, concluding that what the teledentistry company calls anti-competitive harassment could really just be the regulator doing its job.

  • July 13, 2020

    Real Estate Rumors: Prestige, G4 Capital, Levine Investments

    Developer Prestige Cos. is reportedly hoping to build two apartment buildings in South Florida, G4 Capital is said to have loaned $75 million for a New York project, and Levine Investments has reportedly paid $11.63 million for a Walgreens-anchored property in Florida.

  • July 13, 2020

    Feds And Eye Product Co. Sanctioned In Kickback Suit

    An eye product supplier, the federal government and a whistleblower are all being sanctioned in a suit accusing the company of paying kickbacks to doctors, after a Minnesota federal magistrate judge found a series of issues relating to the case's scope and evidence.

  • July 13, 2020

    Remote Depositions 'New Normal,' Judge Says, Denying Delay

    A New York magistrate judge has told a couple suing over a defective hip implant that they can't force a medical company's officers to meet in person for deposition, saying it presents too much risk in the age of COVID-19, when remote depositions are the "new normal."

  • July 13, 2020

    The Funniest Moments Of The Supreme Court's Term

    Justice Stephen Breyer conjured up a baffling hypothetical involving a Roman emperor, Chief Justice John Roberts stepped up his game on popular slang, and a toilet flushed loudly as a Latham & Watkins lawyer discussed constitutional rights. Here, Law360 highlights the most mirthful moments from this past term's U.S. Supreme Court arguments.

  • July 13, 2020

    The Chattiest Justice Of The Term Is ...

    One justice again stood out as the chattiest member of the Supreme Court this term. But that jurist's talk was tempered when the coronavirus pandemic forced the court to close its doors and conduct remote oral arguments, which were livestreamed for the first time in history.

Expert Analysis

  • COVID-19 May Accelerate Retailization Of Health Care

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    Fallout from the COVID-19 crisis may present a strategic opportunity for health care providers to expand their real estate footprint into the retail space, speeding up a decade-long trend, says Sandi Krul at Hooper Lundy.

  • 6 Recent Insurance Decisions You May Have Overlooked

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    Several insurance coverage decisions from the first half of the year, in addition to those discussed in a recent Law360 article, hold important lessons regarding courts' current stance toward commonly litigated insurance principles, arguments and strategies, say attorneys at Anderson Kill.

  • HHS Discrimination Rule Conflicts With LGBTQ Bias Ruling

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    A new rule from the U.S. Department of Health and Human Services' Office for Civil Rights and the Centers for Medicare & Medicaid Services scaling back nondiscrimination regulations raises compliance questions for health providers, especially in light of the U.S. Supreme Court's recent broad interpretation of "on the basis of sex," say attorneys at Reed Smith.

  • FinCEN Guidance A Positive Step For Hemp Businesses

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    The recent Bank Secrecy Act guidance from the U.S. Department of the Treasury's Financial Crimes Enforcement Network represents a major shift that should enable certain hemp-related businesses to receive better access to financial services, say Gregory Kaufman and Ben Marzouk at Eversheds Sutherland.

  • NY High Court Case Could Upend Litigation Finance Industry

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    A ruling in favor of the defendant in Fast Trak Investment v. Sax, a case recently accepted by the New York Court of Appeals, could enable borrowers to avoid repaying litigation funders by claiming state usury law violations, say attorneys at MoloLamken.

  • 5 Compliance Lessons From Novartis' FCPA Settlement

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    Novartis' parallel settlements with the U.S. Department of Justice and U.S. Securities and Exchange Commission to resolve criminal Foreign Corrupt Practices Act allegations emphasize risk points for life sciences companies, especially for repeat offenders, say attorneys at Paul Hastings.

  • Associates Can Prioritize Biz Development Despite Pandemic

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    Although many traditional business development activities are on hold due to the COVID-19 pandemic, associates should seize the unique opportunities of this time to cultivate business by strengthening their personal and professional relationships, and developing new ones, says Jeremy Schneider at Jackson Lewis.

  • DACA Ruling Raises Bar For Assertions Of Agency Deference

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    The U.S. Supreme Court's decision in U.S. Department of Homeland Security v. Regents of the University of California, blocking termination of the Deferred Action for Childhood Arrivals program, is the latest in a line of rulings that refuse deference where an agency fails to follow Administrative Procedure Act rulemaking procedures, say Robert Wanerman and Stuart Gerson at Epstein Becker.

  • Opinion

    Attys Should Stop Using 2 Common Cannabis Industry Terms

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    Adopting the industry-preferred alternatives to the terms "marijuana" and "black market" will help lawyers show that they are sensitive to the historical and systemic harm done by the war on drugs to people of color, say Joshua Mandell at Akerman, Nicole Phillis at Davis Wright and consultant Yvette McDowell.

  • Tips For Providing Mental Health Care Remotely

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    Most health providers are prepared for behavioral and mental health warning signs in a physical setting, but as the industry adapts to COVID-19, they must be properly equipped for the challenges of remote treatment as well, say attorneys at Winstead.

  • How Health Info Interoperability Rule Affects Providers

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    The Centers for Medicare and Medicaid Services' new rule implementing interoperability requirements of the 21st Century Cures Act creates new compliance challenges for health care providers and will ultimately require investments in information technology, say Elizabeth Hein and Cynthia Haines at Post & Schell.

  • Opinion

    Let's Create An Ethical Obligation For Attys To Fight Racism

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    In this moment of national recognition of historical institutional racism, the American Bar Association must implement a model rule that explicitly declares efforts to fight racism and advance equality to be a matter of attorneys' ethics and professional conduct, say Marc Firestone at Philip Morris International and David Douglass at Sheppard Mullin.

  • A Look At CMS' Proposed Medicaid Drug Rebate Changes

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    A recently proposed rule from the Centers for Medicare & Medicaid Services would modify significantly the Medicaid Drug Rebate Program regulations and may achieve its goal of encouraging value-based purchasing arrangements, but some of the rule's regulatory language is vague, say attorneys at Ropes & Gray.

  • 6 Considerations When Shopping For Legal Tech Software

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    When evaluating the vast range of legal technology options available today, law firms will want to make sure that firm intellectual property and client data stored in the software are encrypted, isolated, protected through backups and in compliance with the ever-growing list of data regulations, say Eric Tucker and Dorna Moini at Documate.

  • 11th Circ. FCA Ruling Takes Practical Approach To Materiality

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    The Eleventh Circuit’s recent Ruckh v. Salus decision addresses False Claims Act materiality in a holistic, commonsense way, echoing U.S. Supreme Court guidance and benefiting whistleblowers, the government and taxpayers in the fight against fraud, say Linda Severin and Alex Maulden at the Whistleblower Law Collaborative.

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