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Health

  • October 19, 2018

    Deals Rumor Mill: Swiss Re, CPPIB, Nestle

    Swiss Re discussed investing in Anbang Insurance Group Co., Bloomberg reported on Friday. According to the report, although the insurer talked to Chinese officials, it hasn’t made a final decision about making an investment. The report comes after the outlet reported that Singapore’s state-run investment firm Temasek held discussions about buying a stake in the Beijing-based company. That report detailed, however, that Temasek is not in any active negotiations with Anbang.

  • October 19, 2018

    Gov't Asks 9th Circ. To Revive New Birth Control Rules

    The Trump administration asked the Ninth Circuit on Friday to lift a nationwide ban on new rules that exempt employers with moral or religious objections from providing birth control coverage otherwise required by the Affordable Care Act, saying employers’ First Amendment rights should trounce procedural requirements for passing the new regulations.

  • October 19, 2018

    Dental Supplier Calls FTC Case Textbook 'Regulatory Hubris'

    A major U.S. dental supply company has accused the Federal Trade Commission of "severe hindsight bias" in the commission's suit alleging three suppliers conspired to spurn buying groups, asking an administrative law judge to toss the agency's action.

  • October 19, 2018

    NY Top Court Nixes 'Soft Cap' On Contractor Health Exec Pay

    A majority of New York state’s highest court has agreed that a portion of the state Department of Health's restriction on how much certain health care executives of providers contracting with the state can get paid went beyond the state’s authority.

  • October 19, 2018

    Fake Patient Names Take Center Stage At 3rd NECC Trial

    In the first week of a trial in Massachusetts federal court for six former employees of the New England Compounding Center, whose contaminated drugs sparked a deadly meningitis outbreak in 2012, the question of who bears responsibility for fake patient names used on prescription order forms has been a daily point of contention.

  • October 19, 2018

    Medical Device Maker Sued Over 'Dangerous' Walking Boot

    DJO Global Inc.'s medical walking boots cause additional injuries by effectively lengthening one leg, giving wearers an uneven gait and throwing their bodies out of alignment, according to a proposed class action filed in California federal court.

  • October 19, 2018

    USC Inks $215M Deal To End Sex Abuse Class Suit

    The University of Southern California announced Friday it reached a $215 million deal in principle to resolve a proposed class action accusing a former staff gynecologist of sexually abusing potentially thousands of women.

  • October 18, 2018

    EBSA Regulatory Agenda Tackles Fiduciary Rule, Birth Control

    Within the next year, the Employee Benefits Security Administration hopes to make association retirement plans a reality, clarify what comes after the fiduciary rule and allow employers to stop covering workers’ birth control by claiming a moral or religious objection to its use.

  • October 18, 2018

    Eisai Downplayed Drug's 'Homicidal' Side Effects, FDA Says

    An Eisai Inc. sales representative downplayed the potential for epilepsy drug Fycompa to make patients think about killing people and promoted the product for off-label uses, the U.S. Food and Drug Administration said in a disciplinary letter released Wednesday.

  • October 18, 2018

    Pharmacy's Damages Are Actually Reparable, Pa. Court Rules

    A Pittsburgh-area pharmacy services provider that lost two executives to a rival was rightly denied a preliminary injunction against its competitor because the “irreparable harm” it sought to stop could be quantified and covered by damages, a Pennsylvania Superior Court panel ruled Thursday.

  • October 18, 2018

    Ark. Supreme Court Scraps Tort Reform Ballot Measure

    An Arkansas ballot issue aiming to institute sweeping tort reforms in personal injury lawsuits, including caps on certain damages and attorneys’ fees, will not be presented to voters next month after the Arkansas Supreme Court ruled Thursday that the measure was unconstitutional.

  • October 18, 2018

    McMillan Steers IAnthus, MPX In $683M Cannabis Co. Merger

    MPX Bioceutical Corp. and iAnthus Capital Holdings Inc. said Thursday they have agreed to the terms of a merger that will see the cannabis firms combine in an all-stock transaction with an offered equity consideration to MPX shareholders valued at CA$835 million ($638.3 million), a deal guided by McMillan LLP.

  • October 18, 2018

    Horizon, Hospital Settle Claims In NJ Suit Over Tiered Plan

    Horizon Healthcare Services Inc. and CentraState Medical Center Inc. on Thursday announced that they have resolved CentraState's claims in a New Jersey state lawsuit alleging that the insurer's tiered health coverage plan left certain hospitals competitively disadvantaged, leaving only one hospital taking the company to trial next week.

  • October 18, 2018

    Jury Told Of Seized Drugs, Unsafe Workplace At NECC Trial

    A prosecutor wearing purple protective gloves in Massachusetts federal court on Thursday presented a series of apparently expired drugs seized from the New England Compounding Center in 2012 as the government tried to build its case that the facility's operations were sloppy and unsafe before a deadly meningitis outbreak that killed dozens of people.

  • October 18, 2018

    Hinshaw Targets Fla. Health Prowess With Wilson Elser Hire

    Hinshaw & Culbertson LLP has added a former Wilson Elser Moskowitz Edelman & Dicker LLP attorney as a health care partner in its Miami office, with the aim of helping its national practice group offer clients support in the state and expanding its work in a number of growth areas in the industry.

  • October 18, 2018

    Horizon Wants DLA Piper DQ'd In Hemophilia Treatment Row

    Horizon Healthcare Services Inc. has sought to disqualify DLA Piper LLP from representing a group of specialty pharmaceutical companies who sued Horizon for allegedly refusing to pay for health plan members' hemophilia treatments, arguing that the law firm was still representing Horizon when it decided to take the case.

  • October 18, 2018

    BCBS Shielded By Old Deals In Antitrust MDL, Judge Rules

    Blue Cross Blue Shield insurers facing long-running multidistrict litigation over an alleged conspiracy to divvy up the market are protected by prior settlement agreements that free them from the claims, even though they never signed the deals, an Alabama federal judge ruled Wednesday.

  • October 17, 2018

    United Healthcare Sued For 'Arbitrary' Therapy Payment Policy

    A proposed class of American workers who received psychotherapy through their employers’ health care plans sued United Healthcare Insurance Co. and United Behavioral Health in California federal court Tuesday, accusing them of flouting the Employee Retirement Income Security Act by imposing unfair reimbursement limits on psychotherapy services.

  • October 17, 2018

    A High Court Milestone Stirs Hope Of Gender Parity

    After an emotionally fraught confirmation process with sexual misconduct allegations front and center, a new justice joins the Supreme Court bench and brings four female clerks with him. The hires bring gender parity to the court's clerkship ranks for the first time, but will the shift be long-lasting?

  • October 17, 2018

    11th Circ. Says FCA Relator Barred From Forfeiture Case

    Criminal forfeiture law prevents False Claims Act whistleblowers from intervening in related forfeiture proceedings when the government chooses prosecution over intervening in a related FCA case, the Eleventh Circuit ruled Wednesday.

Expert Analysis

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • Class Arbitration Goes To The Supreme Court

    Jay Bogan

    A U.S. Supreme Court ruling in Varela v. Lamps Plus that the Federal Arbitration Act displaces contractual interpretation rules likely would vacate the Eleventh Circuit's recent JPay decision, says James Bogan of Kilpatrick Townsend & Stockton LLP.

  • To What Extent Can CMS Informally Issue Interpretive Rules?

    Robert Wanerman

    The U.S. Supreme Court recently agreed to review the D.C. Circuit's decision in Allina Health Services v. Azar, which has the potential to resolve the issue of whether or not the Medicare Act requires notice-and-comment rule-making in more situations than are required by the Administrative Procedure Act, says Robert Wanerman of Epstein Becker Green.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Can Blockchain Deliver Secure IT Solutions For Health Care?

    Jonathan Gordon

    Blockchain-powered tools may revolutionize health care by allowing providers to easily exchange medical and health records while still protecting patients' information, but entrepreneurs must carefully consider novel legal challenges and questions, say Jonathan Gordon and Jesse Welsh-Keyser of Alston & Bird LLP.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Looking Past The Issue Of Price Transparency In Health Care

    Mark Waxman

    Many describe "price transparency" as the solution to what is wrong with health care, but the reality may well be that transparency is only a stepping stone to actual price controls. Recent events illustrate the range of avenues being pursued as legislators address the cost of health care, say Mark Waxman and Kristin Jenkins of Foley & Lardner LLP​​​​​​​.