• February 17, 2017

    ACA Program Isn't An Improper Tax On States, 6th Circ. Says

    The Affordable Care Act’s reinsurance program doesn’t amount to an improper tax on states or violation of the Tenth Amendment, the Sixth Circuit ruled Friday, affirming an Ohio federal judge’s dismissal of the state’s lawsuit challenging the program.

  • February 17, 2017

    Anthem Wins Rush On Cigna Merger Appeal

    The D.C. Circuit on Friday granted Anthem Inc.’s bid to speed up its appeal of a lower court’s ruling blocking its proposed $54 billion acquisition of Cigna Corp. in a short order Friday, setting oral arguments for the case for March 24.

  • February 17, 2017

    Dentists Say Small Supplier Joined Price-Fixing Conspiracy

    A potential class of dentists on Friday shot back against arguments from a dental supplies company that it was too small to join three large suppliers in a nationwide price-fixing conspiracy, arguing in New York federal court that the allegations against the smaller company are the “core of the overarching conspiracy.”

  • February 17, 2017

    Class Cert. Granted For Overcharged Stericycle Customers

    An Illinois judge Thursday granted class certification in a $608 million multidistrict litigation against medical waste disposal company Stericycle Inc., saying the class members had common ground in their complaints of fraudulent overcharges.

  • February 17, 2017

    Ex-JPMorgan Banker Gets 3 Years For Leaking Tips To Dad

    A former investment banker for JPMorgan Chase & Co. and Perella Weinberg Partners convicted of insider trading after he was accused of leaking confidential information about health care company mergers to his father was sentenced to three years in prison on Friday.

  • February 17, 2017

    Privacy Profs. Get Behind FTC In LabMD Fight At 11th Circ.

    A group of eight privacy and security law professors on Thursday threw their support behind the Federal Trade Commission in its Eleventh Circuit battle with LabMD to keep intact a ruling that an alleged data leak harmed consumers, saying the agency’s approach to regulating privacy spurs better protection practices.

  • February 17, 2017

    Feds Join FCA Suit Targeting UnitedHealth Billing

    The federal government has intervened in a whistleblower’s False Claims Act suit that accuses UnitedHealth Group Inc. and 12 other health plans of pretending their members were sicker than they were in an effort to overcharge Medicare by hundreds of millions of dollars.

  • February 17, 2017

    Kimberly-Clark Wants Investor Suit Over Gowns Tossed

    A short stock drop that occurred after the airing of an episode of "60 Minutes" that delved into a two-year old lawsuit against Kimberly-Clark Corp. over the effectiveness of its gowns during the 2014 Ebola virus breakout can’t serve as the backbone of a securities fraud suit, the company told a New York federal court Thursday.

  • February 17, 2017

    Pharmacist Rebuts Key Testimony In Meningitis Murder Trial

    A defense attorney for a pharmacist accused of murder and health care fraud in the 2012 meningitis outbreak meticulously scrutinized testimony by the pharmacy’s quality control officer during cross-examination on Friday, suggesting inconsistencies about issues she brought to her boss and exaggerations about mold findings.

  • February 17, 2017

    FCA Decision Tracker: Continued Interpretations Of Escobar

    The U.S. Supreme Court’s ruling in Universal Health Services v. Escobar continues to affect a range of False Claims Act cases. In the third installment of an ongoing series, Law360 looks at the latest court rulings to interpret the blockbuster decision.

  • February 17, 2017

    Taxation With Representation: Weil, Skadden, Kirkland

    In this week’s Taxation With Representation, Japanese telecommunications giant SoftBank Group acquires a private equity firm for $3.3 billion in cash, Hologic buys medical aesthetics company Cynosure for $1.65 billion, and a Texas oil and gas company purchases new assets in North Louisiana for $465 million.

  • February 17, 2017

    NJ Product Liability Suit Revived Against Smith & Nephew

    A New Jersey state appeals court has revived a product liability lawsuit against Smith & Nephew Inc. over allegedly defective medical wipes, finding Thursday that consumers were allowed under the statute of limitations to pursue claims related to one product recall notice but not an earlier notice.

  • February 17, 2017

    Horizon, NJ Reach $1.1M Settlement Over Privacy Lapse

    Horizon Blue Cross Blue Shield of New Jersey has agreed to pay $1.1 million to settle allegations it failed to properly protect the privacy of nearly 690,000 Garden State policyholders whose personal information was contained on two laptops stolen from the insurer’s Newark headquarters, the state announced Friday.

  • February 16, 2017

    Punitives Phase Begins In Engle Trial Against PM, RJR

    The family of a smoker who died in 1995 began a trial for punitive damages on Thursday against Philip Morris USA and R.J. Reynolds after being awarded millions of dollars in compensatory damages on Wednesday.

  • February 16, 2017

    Nursing Home Operators Face Over $115M For Medicare Fraud

    A Florida federal jury on Wednesday found the operators of 53 skilled nursing facilities liable for more than $115 million in damages stemming from false claims they submitted to Medicare and Medicaid after pretending patients needed and received more care than they did.

  • February 16, 2017

    Fla. High Court Blocks Enforcement Of Abortion Delay Law

    The Florida Supreme Court reinstated a temporary injunction blocking a state law requiring women to wait 24 hours after an initial doctor's visit before obtaining an abortion, ruling Thursday that the abortion rights groups had shown they would likely succeed on the merits.

  • February 16, 2017

    Anthem Says TRO Backs Fast Appeal In $54B Cigna Deal

    Anthem Inc. doubled down Thursday on its bid for the D.C. Circuit to hasten its appeal of a ruling against a $54 billion merger with Cigna Corp., arguing that a temporary restraining order stopping Cigna from breaking up the deal bolsters its case for an expedited decision.

  • February 16, 2017

    Trump's CMS Pick Says Medicaid 'Doesn't Work Well'

    The Trump administration’s likely leader of the Centers for Medicare and Medicaid Services on Thursday sharply criticized Medicaid as rigid and underperforming, signaling that states will get more leeway to overhaul their programs.

  • February 16, 2017

    Chamber Backs CareFirst In Data Breach Battle At DC Circ.

    The U.S. Chamber of Commerce on Thursday asked the D.C. Circuit to uphold the dismissal of a putative class action against CareFirst BlueCross BlueShield over a 2014 data breach, saying the policyholders suing the insurer can't meet the standing requirements set forth in the U.S. Supreme Court's landmark Spokeo decision and another seminal high court ruling.

  • February 16, 2017

    Real Estate Rumors: Hampshire, Western Beef, Mount Sinai

    Hampshire Properties has reportedly scored $70 million in financing for a Brooklyn rental project, a Western Beef affiliate is said to have sold a Florida grocery store for $11.7 million, and Mount Sinai Health System has reportedly leased 26,100 square feet in New York from Empire State Realty.

Expert Analysis

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • Health Republic's Curious Liquidation: Part 8

    James Veach

    Although Health Republic's liquidation is a matter of considerable public interest, the process has been far from transparent. Last fall, the National Association of Insurance Commissioners' discussion of consumer operated and oriented plans was closed to the public, in potential violation of the NAIC's policy statement on open meetings, says James Veach of Mound Cotton Wollan & Greengrass LLP.

  • What A Justice Gorsuch Might Portend For FCA Enforcement

    Scott Stein

    While U.S. Supreme Court nominee Judge Neil Gorsuch has participated in only a few appeals of False Claims Act cases, his views suggest that companies and individuals subjected to FCA litigation based on disputed interpretations of agency regulations may find a sympathetic ear, say Scott Stein and Meredith Toole Reiter of Sidley Austin LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • New Legal Challenges To Public Union Agency Fees

    Shannon D. Farmer

    Recent years have seen a surge of constitutional challenges to public unions’ right to require nonmembers to pay agency fees as a condition of continued employment. An evenly divided U.S. Supreme Court failed to resolve the issue in Friedrichs v. California Teachers Association, but new lawsuits are working their way through the federal courts and could reach the Supreme Court as early as next term, say attorneys with Ballard Spahr LLP.

  • Health Republic's Curious Liquidation: Part 7

    James Veach

    In the seventh part of this series on Health Republic's liquidation process, James Veach of Mound Cotton Wollan & Greengrass LLP summarizes his recent attempt to appear as a friend of the court overseeing the liquidation.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Gorsuch May Further Tip Balance Against Deference To EPA

    Kathryn M. Schroeder

    From an environmental law perspective, Judge Neil Gorsuch has shown a willingness to reassess Chevron deference to an agency’s interpretation of the statutes it implements. If confirmed to the U.S. Supreme Court, he could fan further interest in revisiting Chevron deference at a time when the court is actively considering what deference is due an agency when it interprets its own regulations, say attorneys with Bracewell LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.

  • What To Know About HHS Revised 'Common Rule'

    Abram S. Barth

    Although the U.S. Department of Health and Human Services' final rule modernizing the federal "Policy for the Protection of Human Subjects" does not modify any regulations administered by the U.S. Food and Drug Administration, the rule’s preamble and the recently passed 21st Century Cures Act will compel HHS to revise FDA human subject regulations to be consistent with the final rule, say attorneys with Ropes & Gray LLP.