Health

  • September 21, 2020

    Justice Ginsburg: Who She Was, How She Shaped The Law

    Justice Ruth Bader Ginsburg died on Friday at age 87. Here, Law360 looks at the feminist icon's legacy and the battle brewing over her seat.

  • September 21, 2020

    Law360's The Term: The Life And Legacy Of Justice Ginsburg

    Justice Ruth Bader Ginsburg is among the few on the U.S. Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Law360's The Term dives into her legacy as a pioneering women's rights advocate with two guests who worked by her side. 

  • September 21, 2020

    Judge Must Explain Facebook Friendship In Patient Death Suit

    A Kentucky appeals court has stopped short of affirming a jury verdict clearing a doctor and hospital in a suit accusing them of causing a patient's death, saying further proceedings are necessary to determine whether the judge's Facebook friendship with the doctor warranted a recusal.

  • September 21, 2020

    Budding Textualist Star Barbara Lagoa Eyed For High Court

    Known as a budding superstar in Florida conservative legal circles, committed textualist Judge Barbara Lagoa could continue her lightning-quick ascent through the appellate ranks if President Donald Trump taps her for the now-vacant U.S. Supreme Court seat, where she would become the first Cuban-American, and first Floridian, to sit on the high court.

  • September 21, 2020

    McConnell Defends Election-Year Plan To Replace Ginsburg

    The Senate majority leader on Monday defended his plan to replace Justice Ruth Bader Ginsburg this year, while the House speaker said the late jurist will become the first woman to lie in state at the Capitol.

  • September 21, 2020

    House Passes Bill Allowing FDA To Seize Counterfeits

    The U.S. House of Representatives on Monday evening passed a bipartisan bill that would give the U.S. Food and Drug Administration the authority to seize counterfeit medical devices and products, including vaccines.

  • September 21, 2020

    Labor Unions Appeal Akorn's Ch. 11 Plan Confirmation In Del.

    A group of labor unions on Friday appealed biopharmaceutical firm Akorn Inc.'s Delaware Chapter 11 confirmation, arguing the debtors failed to properly evaluate a Chapter 7 liquidation and measures that could potentially lead to monetary recovery for them.

  • September 21, 2020

    Mass. Pot Co. Says Regulator Sat On Application For Months

    A Massachusetts marijuana dispensary says the state's cannabis regulator has failed to take action on its latest license application for more than half a year and is asking a state judge to step in.

  • September 21, 2020

    3 Key Developments As US Coronavirus Deaths Near 200,000

    The Centers for Disease Control and Prevention withdrew guidance on COVID-19 spread, the Trump administration's blueprint for distributing the coronavirus vaccine faced swift criticism, and litigation related to the pandemic continued to mount just as the number of confirmed U.S. virus-linked deaths neared 200,000. Here are three key developments to know.

  • September 21, 2020

    Cruise Lines Propose COVID-19 Safety Practices To CDC

    Frequent temperature checks, face mask requirements, and limited itineraries and activities may be features of cruise ship travel when U.S. trips resume during the COVID-19 pandemic, based on a list of recommendations released Monday from a panel convened by Norwegian Cruise Line and Royal Caribbean.

  • September 21, 2020

    Claims Court Ends Protest Over VA Health Distribution Deal

    The U.S. Court of Federal Claims has tossed allegations that the U.S. Department of Veterans Affairs was maintaining a noncompetitive "status quo" by offering bridge contracts for expired agreements that gave four distributors control of the VA's medical and surgical supplies.

  • September 21, 2020

    Philly Bolsters Paid Sick Leave Requirements Amid Pandemic

    Thousands of Philadelphia workers are now eligible for two weeks of paid sick leave under the Public Health Emergency Leave bill adopted last week, a measure city council members said was necessary to fill gaps left by federal leave laws in the midst of COVID-19.

  • September 21, 2020

    Budget Office Says Virus Stimulus May Dull Economic Output

    Various federal laws meant to mitigate the effects of the COVID-19 pandemic will likely cause about $2.9 trillion collectively to be added to the federal deficit this year and in 2021, according to the Congressional Budget Office.

  • September 21, 2020

    Downing Venture Capital Head Cops To $8M Ponzi Scheme

    The head of purported Boston venture capital firm Downing Partners LLC pled guilty on Monday to securities and wire fraud charges in connection with what prosecutors called a "Ponzi-like" scheme to bilk dozens of Downing employee investors out of millions of dollars.

  • September 21, 2020

    Ill. Panel Rules Workers' Comp Law Doesn't Bar BIPA Claims

    An Illinois state appeals court has ruled that the state Workers' Compensation Act doesn't bar claims for statutory damages under Illinois' landmark biometric privacy law, dealing a blow to companies and employers that have sought to argue the act preempted those kinds of claims.

  • September 21, 2020

    House Votes To Repeal Health Insurers' Antitrust Immunity

    The U.S. House of Representatives on Monday approved bipartisan legislation that would restore the government's ability to charge health insurers under federal antitrust laws and could save Americans billions in health insurance costs.

  • September 21, 2020

    Buyers Fight CVS, Walgreens' Bid To Exit Blood Pressure MDL

    A class of consumers urged a New Jersey federal court to reject attempts by Walgreens, CVS and Rite Aid to escape multidistrict litigation alleging they misrepresented a generic high blood pressure drug, saying the pharmacies are shirking obligations by calling themselves drug testers instead of sellers.

  • September 21, 2020

    Quest Unit Beats Med Screeners' Cert. In OT Collective Action

    A New York federal judge has allowed a Quest Diagnostics subsidiary to dodge an overtime collective action from nearly 3,000 medical screeners, finding differences in their responsibilities and how they recorded their hours bar them from litigating the claims as a group.

  • September 21, 2020

    Insurer Beats Dental Clinic's COVID-19 Coverage Suit

    Cincinnati Insurance Co. won't need to cover a dental office's loss from COVID-19 closures after an Illinois federal judge sided with the insurer's position that the clinic failed to show any direct physical loss during the pandemic.

  • September 21, 2020

    Health Experts Detail COVID-19 Vaccine Trial For Navajo

    The Navajo Nation and Johns Hopkins University are seeking a "few hundred" qualifying Navajo adults to participate in a recently announced trial for a COVID-19 vaccine candidate created by Pfizer/BioNTech, according to the Johns Hopkins Center for American Indian Health.

  • September 21, 2020

    Queens Hospital Escapes Nurse Manager's Race Bias Suit

    A New York federal judge has dismissed a lawsuit by a Haitian former nurse manager at a Queens hospital who said she was unappreciated and paid less than her colleagues, ruling that she brought her race and national origin bias claims too late.

  • September 21, 2020

    Insurer Wants Dentists' COVID-19 Claims Pulled From Court

    The Dentists Insurance Co. is asking a Washington federal judge for a win in a suit alleging it wrongfully denied business interruption claims by a proposed class of dental offices, saying the COVID-19 pandemic hasn't caused physical damage that would trigger the policies.

  • September 21, 2020

    Cravath, Latham Craft $8B Deal For Cancer Detection Biz

    Biotechnology firm Illumina Inc. has agreed to buy Grail, a publicly traded cancer detection company it founded back in 2016, for roughly $8 billion, the two California-based companies said Monday, in a deal stitched together by Cravath and Latham & Watkins.

  • September 20, 2020

    Birthdays, Weddings And In Between: RBG And Her Clerks

    Justice Ruth Bader Ginsburg’s law clerks say that she brought the same level of care and dedication to her relationships with them as she did to the rest of her life. Here are some stories they shared, demonstrating how those qualities seeped into her relationships and interactions.

  • September 20, 2020

    Our 'North Star': What RBG Means To Women In Law

    Female attorneys around the country say they're devastated by the death of Justice Ruth Bader Ginsburg, a woman they looked to as a role model for candidly speaking out about the struggles she faced as a female lawyer integrating her work and family life, which made her a relatable icon.

Expert Analysis

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Comparing Recent State Data Breach Law Updates

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    Public and private entities should revisit their incident response plans to ensure compliance with and understand the differences among heightened data breach notification requirements that five states and Washington, D.C., added or amended this year, says Jane Petoskey at Polsinelli.

  • 5 Info Blocking Compliance Challenges For Health Providers

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    With the compliance deadline for the U.S. Department of Health and Human Services' new information blocking regulations approaching, health providers should identify and address processes that are particularly likely to constitute information blocking, including those concerning patient access to minors' and other providers' records, say attorneys at Davis Wright.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • Opinion

    State AG Enforcement Is Important For Workers' Rights

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    A recent increase in state attorney general labor and employment enforcement — including a challenge that prompted a New York federal judge to strike down the U.S. Department of Labor’s joint employer rule last week — sends an important message that worker protections are not easily revoked, says Catherine Ruckelshaus at the National Employment Law Project.

  • Best Practices For Health Care Mergers In The COVID-19 Era

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    Health providers considering consolidation as a result of the pandemic's impact should attempt to mitigate antitrust enforcers' concerns by substantiating a merger with evidence of cost and quality efficiencies and making efforts to seek competition-friendly alternatives, say attorneys at Shook Hardy.

  • HHS Proposal May Simplify Guidance For Regulated Entities

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    A new proposed rule regarding good guidance practices from the U.S. Department of Health and Human Services may provide the health industry with transparency and public engagement opportunities by cracking down on subregulatory guidance that often spurs uncertainty and litigation, say attorneys at Akin Gump.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • What To Know About DOL's Revamped Virus Paid Leave Rule

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    While the U.S. Department of Labor’s recent revisions to its Families First Coronavirus Response Act paid leave rule reaffirm the agency’s commonsense application of the work availability requirement and carefully balance employer operational needs with worker requests for intermittent time off, legal and practical questions remain, say attorneys at Littler.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

  • Series

    AGs In A Pandemic: James Talks NY Response

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    New York Attorney General Letitia James highlights her office's efforts to ease financial burdens for New York residents and businesses struggling during the pandemic by fighting fraud, policing employers, assisting with debt relief and more.

  • Cos. Should Brace For Workers' Vaccine Safety Concerns

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    As apprehension regarding the safety of an eventual COVID-19 vaccine grows, employers should carefully consider the legal impediments to across-the-board vaccination requirements, and watch for new guidance from the U.S. Equal Employment Opportunity Commission and Occupational Safety and Health Administration, say Robert Nichols and Rebecca Baker at Bracewell.

  • 4 Inventorship Lessons From Fed. Circ.'s Dana-Farber Ruling

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    The Federal Circuit's recent decision in Dana-Farber v. Ono Pharmaceutical demonstrates how inventorship issues can play out over the course of discovery, development and litigation, and also provides strategic considerations for patentees, investors and challengers, say Siegmund Gutman and Sarah Cork at Proskauer.

  • The Unique Challenges Of Protecting A Law Firm Brand

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    Recent law firm trademark disputes highlight how the tension between legal ethics rules and trademark law can make it difficult for firms to select brands that are distinctive and entitled to protection, say Kimberly Maynard and Tyler Maulsby at Frankfurt Kurnit.

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