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Health

  • February 15, 2019

    TCPA Challengers Can't Go Around Gov't, High Court Told

    The federal government has jumped into a U.S. Supreme Court fight over the proper channel for challenging the Federal Communications Commission's reading of the Telephone Consumer Protection Act, arguing that private litigants aren't allowed to go around the government to launch collateral attacks on the validity of agency orders. 

  • February 15, 2019

    Witness Details Kickback Deals At Nursing Home Mogul's Trial

    A convicted health care fraudster testified Friday for the federal government in its $1 billion fraud trial against Miami businessman Philip Esformes about how he brokered deals in which medical providers paid illegal kickbacks for access to Esformes' extensive network of nursing facilities.

  • February 15, 2019

    Optum Can't Get 1st Circ. To Block Ex-Exec From Startup

    The First Circuit on Friday rejected Optum’s bid to block a former executive from working at a health care startup created by Amazon, Berkshire Hathaway and JPMorgan Chase, instead kicking the issue back to the lower court.

  • February 15, 2019

    Ex-FDA Atty Joins McDermott Will & Emery's DC Office

    McDermott Will & Emery LLP has hired a former U.S. Food and Drug Administration attorney as an addition to the firm’s practice in Washington, D.C., saying she will help expand the firm's life sciences breadth.

  • February 15, 2019

    LabCorp Escapes Claims It Conspired To Block Smaller Lab

    A Delaware federal judge has dismissed a $50 million suit alleging LabCorp conspired with a Medicaid service management organization to impede a smaller laboratory services company from offering services in the state market, ruling the lab's antitrust claims lack standing and a relevant market.

  • February 15, 2019

    Trump's Drug Rebate Ban Faces Fraught Legal Path

    One of the Trump administration’s boldest moves to ease drug prices — a ban on billions of dollars in rebates negotiated by middlemen for health insurers — will need to traverse a legal minefield to become reality, experts say.

  • February 15, 2019

    'We're All Going To Jail,' Ex-Insys CEO Says He Heard At Work

    The former CEO of Insys Therapeutics Inc. on Friday described a messy internal battle after the government started investigating a speaker program allegedly used to bribe doctors to prescribe opioids, saying before jurors in Massachusetts federal court that he once heard another executive shout "we are all going to jail."

  • February 15, 2019

    Ballard Spahr Adds 2 'Silicon Slopes' Attys In Salt Lake City

    Two business lawyers with longtime ties to Utah’s “Silicon Slopes” network of technology startups and emerging companies have joined Ballard Spahr LLP’s business and finance practice in the law firm’s Salt Lake City office, the firm has announced.

  • February 14, 2019

    Defense Uses Feds' Covert Video In $1B Health Fraud Trial

    The defense team for Miami businessman Philip Esformes showed jurors undercover FBI video Thursday in an attempt to discredit a key witness in the government's $1 billion health care fraud case against him, but prosecutors may have landed a bigger counterpunch.

  • February 14, 2019

    AbbVie Execs Hit By Another Suit Over Drug, Stock Schemes

    Several AbbVie Inc. executives on Wednesday got hit with another Illinois federal lawsuit over claims that they allowed the company to make misstatements and misrepresentations surrounding a stock buyback and drug kickback scheme that, once exposed, caused company stock prices to tumble.

  • February 14, 2019

    Skeptical 7th Circ. Keeps Chicago Abortion Protester Rule

    A Seventh Circuit panel has upheld a Chicago ordinance that sets boundaries around certain types of advocacy outside of abortion clinics, saying its hands were tied by U.S. Supreme Court precedent, but several recent rulings have undermined the rule's legal foundation.

  • February 14, 2019

    Retailer Shopko Seeks To Investigate McKesson In Ch. 11

    Midwestern big box retailer Specialty Retail Shops Holding Corp., better known as Shopko, has asked a Nebraska bankruptcy court to allow it to investigate its claims that pharmaceutical distributor McKesson Corp. has overcharged it millions of dollars for drugs.

  • February 14, 2019

    Promise Healthcare's $35M Ch. 11 Sale Of 2 Hospitals OK'd

    A Delaware judge on Thursday gave his nod to Promise Healthcare Group LLC's roughly $35 million sale of two hospitals in Louisiana and plans to move forward with the sale of a Los Angeles hospital with a $7 million cash offer from a stalking horse bidder in place.

  • February 14, 2019

    NJ Doctor Keeps Trial Win In Suit Over Patient's Consent

    A New Jersey state appeals court affirmed a defense verdict in a suit alleging a doctor failed to obtain a patient's informed consent before removing his appendix and a portion of his colon, finding that the trial judge did not give improper jury instructions on the issue.

  • February 14, 2019

    2 VC-Backed Health Care Cos. Price IPOs Totaling $145M

    Two venture-backed health care-related companies saw shares begin trading to mixed results on Thursday after pricing initial public offerings that raised a combined $145 million, marking the latest companies to go public amid a sluggish start for IPOs this year.

  • February 14, 2019

    LA Hospital's Late Notice Sinks $42M FCA Deal Coverage

    A California federal judge has ruled that an AIG unit is not obligated to cover a Los Angeles hospital’s $42 million settlement of a False Claims Act suit or its costs to respond to a related Department of Justice investigation, holding that coverage is barred because the hospital provided untimely notice of the two claims to the insurer.

  • February 14, 2019

    Fed. Circ. Revives Hospital Equipment-Tracking Patent Suit

    The Federal Circuit gave new life Thursday to CenTrak Inc.’s patent suit against rival Sonitor Technologies Inc. over hospital equipment-tracking systems, saying a Delaware federal judge wrongly held that Sonitor did not infringe and that CenTrak’s patent is invalid.

  • February 14, 2019

    Trans Nurse Wins Bias Suit Against Iowa Corrections Dept.

    An Iowa state jury has handed a transgender former state correctional nurse a win in his discrimination suit claiming he was wrongly denied the chance to use the men’s locker rooms and bathrooms at his former job.

  • February 14, 2019

    After Input, DOJ Says CVS-Aetna Merger Fix In Public Interest

    The U.S. Department of Justice responded Wednesday to public comments filed about the deal allowing CVS Health Corp. to proceed with its $69 billion purchase of Aetna Inc., saying it still believes the fix being offered will cure any competitive concerns raised by the merger.

  • February 14, 2019

    Reps Challenge FDA On Foreign Drug Monitoring After Recalls

    Lawmakers on both sides of the aisle are questioning the U.S. Food and Drug Administration's ability to inspect foreign drug manufacturers after a series of recalls of foreign-made blood pressure drugs that possibly contained carcinogens, according to a Wednesday letter.

Expert Analysis

  • State Net

    States May Take The Lead On Regulating AI

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    While artificial intelligence promises to revolutionize the way we live and work, there has been relatively little government regulation targeting it specifically. But legislation referring to AI is currently pending in at least 13 states, and more may be on the way, says Korey Clark of State Net Capitol Journal.

  • Take Care Defining Health Services Under IRC Section 199A

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    Examples in the new final regulations under Internal Revenue Code Section 199A confirm that health-related businesses can be allowed a qualified business income deduction. But businesses operating with facts that differ even slightly from those in the regulations' examples should proceed with caution, says Marc Finer of Murtha Cullina LLP.

  • Disputes Heating Up Over Gov't Qui Tam Dismissal Authority

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    The government is increasingly exercising its authority to dismiss qui tam False Claims Act cases, and relators have mounted at least a dozen district court challenges in the past six months. Fundamental issues about control over qui tam litigation are now up for decision, says Jonathan Cederbaum of WilmerHale.

  • Austin's Blockchain For The Homeless Faces Challenges

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    The city of Austin, Texas, has proposed a program using blockchain technology to connect homeless residents with their health and identity records. Creating the infrastructure for the project will not be difficult, but key questions include whether the homeless will participate and how they can access their information, says Edward Block of Foley & Lardner LLP.

  • A First Look At New HHS Prescription Drug Safe Harbors

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    The U.S. Department of Health and Human Services' recent proposal to update the prescription drug discount safe harbor does not directly affect the price-setting activities of pharmaceutical manufacturers, but instead appears designed to affect prices indirectly by increasing transparency, say attorneys with Ropes & Gray LLP.

  • Class Cert. Is Next Frontier Of Data Breach Litigation

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    Much has been written about establishing Article III standing in data breach cases, but the obstacles plaintiffs must overcome to win class certification are less explored. So far, one case — Smith v. Triad of Alabama — offers insight into this somewhat uncharted territory, say Nicole Rekant and Stevan Pardo of Pardo Jackson Gainsburg PL.

  • Where Calif. Privacy Law And Employee Benefits Data Collide

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    For covered businesses, the California Consumer Privacy Act's broad use of the term “consumer” means that the new law could apply to data collected about California residents under health, retirement and other employee benefit plans, say attorneys with Hunton Andrews Kurth LLP.

  • Recent Trends In FTC Consumer Protection Enforcement

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    The Federal Trade Commission is focusing its enforcement efforts on financial services, web services and emerging technologies, data security and consumer privacy, telecommunications, and health care — these five areas represented 88 percent of consumer protection actions in 2017 and 2018, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • The Many Elements Of Protection For Pre-Existing Conditions

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    As discussion and debate about health coverage continues following the recent Affordable Care Act decision in Texas v. U.S., it is useful to appreciate that what may be referenced in the singular as protection for pre-existing conditions is in fact a collection of multiple provisions working in concert, say Catherine Livingston and Elena Kaplan of Jones Day.

  • Fresh Takes On Seeking Costs And Fees Under Rule 45

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    Recent case law reveals that courts vary widely in their approaches to shifting the costs and fees incurred in responding to a Federal Rule of Civil Procedure 45 subpoena. Nonparties responding to such requests should consider certain district court trends, say attorneys at Pepper Hamilton LLP.