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  • December 17, 2018

    Quest Can't Ditch TCPA Suit Over Debt Collection Call

    A New Jersey federal judge on Monday refused to toss a proposed class action accusing Quest Diagnostics of unlawfully making unsolicited phone calls to collect debts, ruling that the plaintiff had sufficiently alleged that the equipment used to place the offending call qualified as an "autodialer" under the Telephone Consumer Protection Act.

  • December 17, 2018

    The ACA's Been Ruled Invalid. What's Next?

    A Texas federal judge’s declaration that the entire Affordable Care Act is invalid left attorneys questioning why the judge didn’t actually halt the ACA’s operation and where the litigation is headed next.

  • December 17, 2018

    CMS Gets Backlash For Drug Prices In TV Ads Proposal

    A proposed Centers for Medicare & Medicaid Services rule requiring drugmakers to include the list price of their drugs in television advertisements exceeds the agency’s statutory authority and violates the First Amendment, several parties claimed as the comment period closed Monday.

  • December 17, 2018

    NJ Insurance Broker Charged In $10M BCBS Fraud

    A New Jersey insurance broker is accused of conspiring to bilk Blue Cross Blue Shield out of $10 million through a scheme in which he obtained employee health insurance plans for hundreds of individuals who weren’t eligible for them, federal prosecutors announced Monday.

  • December 17, 2018

    Anthem Nabs Fees To Sanction Insys In $19M Fentanyl Fight

    Insys Therapeutics Inc. has been sanctioned by an Arizona federal court for failing to prepare a witness who was supposed to answer questions about why employees replaced the word "cancer" with an exclamation point in emails, in Blue Cross Blue Shield's suit alleging that the embattled opioid maker bribed doctors to overprescribe its flagship painkiller, Subsys.

  • December 17, 2018

    Records In OxyContin Suit Are Public, Ky. Appeals Court Says

    The Boston Globe's health care publication STAT is entitled to access certain sealed documents leading up to Kentucky's $24 million settlement with Purdue Pharma LP over OxyContin's role in the opioid crisis, a Kentucky appeals court has affirmed.

  • December 17, 2018

    Health Care Co. Hid $1B Tax Debt Before Merger: Investors

    A pair of pension funds investing in health care company Centene sued the company Friday, claiming it concealed financial problems with its $6.8 billion acquisition of Health Net, including Health Net’s liability for over $1 billion in California taxes.

  • December 17, 2018

    Health Care-Focused Investment Firm Lands $700M In Funding

    Versant Ventures said Monday that it has raised a combined $700 million in two separate funds that the health care investment firm will use to invest in Canadian startups alongside its primary biotech fund.

  • December 17, 2018

    Reed Smith Adds Ex-Squire Corporate Pro As Partner In LA

    A former Squire Patton Boggs corporate specialist has joined Reed Smith LLP, bringing extensive experience handling complex M&A and transactional matters for Chinese clients with business in U.S. markets to the firm's Los Angeles office.

  • December 14, 2018

    Hearing Aid Co. Owner Gets 7 Years For Role In Opioid Ring

    The operator of a New Jersey hearing aid company was sentenced Friday to seven years in state prison for colluding with a doctor to supply tens of thousands of highly addictive opioid pain pills to a drug ring, state prosecutors announced.

  • December 14, 2018

    CNN Can’t Escape Libelous Hospital Stats Suit: 11th Circ.

    CNN must face a libel suit accusing the cable news network of publishing articles that misrepresented the mortality rate for pediatric surgery at a Florida hospital and cost the hospital’s CEO his job, after the 11th Circuit ruled Thursday that CNN cannot stand behind Georgia's anti-SLAPP law in federal court.

  • December 14, 2018

    Feds Fight To Keep Insys Grand Jury Instructions Secret

    Massachusetts federal prosecutors on Thursday fought a bid by Insys Therapeutics Inc. executives embroiled in an alleged conspiracy to bribe doctors into prescribing fentanyl-based drugs to disclose grand jury instructions, arguing the government did not wrongly explain the conspiracy charges.

  • December 14, 2018

    Texas Judge Strikes Down Entire ACA

    In a shocking decision, a Texas federal judge ruled late Friday that the entire Affordable Care Act must be invalidated because its individual mandate, a cornerstone of the landmark law, will soon become unconstitutional.

  • December 14, 2018

    Loeb & Loeb Leads Blank Check's $70M IPO To Buy Health Biz

    Chardan Healthcare Acquisition Corp., a blank check company formed by investment bank Chardan Capital Markets LLC for the purpose of acquiring a health care business, raised $70 million in an initial public offering that was guided by Loeb & Loeb LLP.

  • December 14, 2018

    Molina Escapes Investor's Suit Over Growth Misstatements

    A California federal court on Thursday dismissed an investor's proposed class action alleging shares of Molina Healthcare Inc. declined when it became apparent the health insurer wouldn’t achieve the growth executives had touted, saying the executives’ statements were forward-looking and inactionable.

  • December 14, 2018

    ‘No Need’ To Delay CVS-Aetna Merger, DOJ Says After Rebuke

    The U.S. Department of Justice urged a D.C. federal judge Friday not to keep CVS and Aetna apart while reviewing a proposed merger settlement the judge had blasted as having been pushed through without adequate judicial scrutiny, arguing that a delay is unnecessary and beyond the court’s authority.

  • December 14, 2018

    Fla. Court Delays Answering Privileged Hospital Comms Issue

    In a closely watched medical malpractice case, a Florida state appeals court on Friday declined to rule on whether a hospital’s privileged communications are discoverable under a 2004 state constitutional amendment, saying the judge’s order to produce the records wasn’t adequately explained.

  • December 14, 2018

    Pa.'s Challenge To Birth Control Rules Cleared To Proceed

    A Pennsylvania federal judge has given the state the go-ahead to seek a second injunction against Trump administration rules that weaken the Affordable Care Act’s birth control mandate, lifting a stay in the case Friday.

  • December 14, 2018

    Employee Of Mont. Tribe Program Pleads Guilty To Theft

    An employee of a Blackfeet Tribe early childhood health and education program overseen by the U.S. Department of Health and Human Services pled guilty to stealing money through a scheme where she and others falsely claimed thousands of overtime hours they did not work, the U.S. Department of Justice said Friday.

  • December 14, 2018

    Prison Contractors Can't Dodge Fla. Inmate's Amputation Suit

    A Florida federal court rejected bids by prison health contractors Corizon Health and Wexford Health Sources to toss a Florida inmate's suit alleging their inadequate and negligent treatment led to him suffering a heart attack and amputation of both legs, finding Thursday that he has sufficiently alleged a constitutional violation.

Expert Analysis

  • Insights On Right To Try Act And 'Expanded Access' Concerns

    Mark Barnes

    U.S. Food and Drug Administration Commissioner Scott Gottlieb recently provided some clarity on questions raised by both pharmaceutical manufacturers and health care providers about the interplay between the so-called expanded access pathway and the Right to Try Act, say attorneys with Ropes & Gray LLP.

  • How FIRRMA Changed National Security Reviews In 2018

    Farhad Jalinous

    The passage of the Foreign Investment Risk Review Modernization Act in August expanded the range of transactions that the Committee on Foreign Investment in the United States is able to review for national security concerns — especially transactions related to China, say attorneys at White & Case LLP.

  • Series

    Judging A Book: Mills Reviews 'Mississippi's Federal Courts'

    Judge Michael Mills

    ​​David M. Hargrove's​ new book​,​ "Mississippi’s Federal Courts: A History," is a remarkably candid portrait of the characters and courts serving the state's federal judiciary from 1798 on, and contributes new scholarship on how judges were nominated during the civil rights era, says U.S. District Judge Michael Mills of the Northern District of Mississippi.

  • State Net

    New Year, New Opportunities For State Governments

    Lou Cannon

    While gridlock may prevail between the Democratic House and GOP Senate in Washington next year, it will be another story at the state level. For the first time since 1914, a single political party will control both chambers of every legislature except one, says Lou Cannon of State Net Capitol Journal.

  • Opinion

    Copay Accumulator Plans Put Employers In Legal Jeopardy

    Stacey Worthy

    Health plans that prevent patients from applying any form of drug manufacturer copay assistance toward their deductible — known as copay accumulator programs — not only increase the cost of health care, but have the potential to put businesses in significant legal peril, says Stacey Worthy of Aimed Alliance.

  • Guest Feature

    The Subtle Art Of Fred Fielding

    Fred Fielding

    He was White House counsel to two presidents. When Reagan was shot, he explained the chain of command to a four-star general. And until a few years ago, many people still thought he was Deep Throat during the Watergate scandal. Fred Fielding of Morgan Lewis & Bockius may be the quintessential Washington insider. White and Williams attorney Randy Maniloff learned more.

  • Health Care Providers Should Note Recent Fraud Conviction

    Bart Daniel

    A federal judge in South Carolina recently sentenced a former speech therapist to 111 months in federal prison on convictions of criminal health care fraud. Practitioners should be aware of the implications as the sentence is an unrequested and unexpected upward departure, say Bart Daniel and Elle Klein of Nelson Mullins Riley & Scarborough LLP.

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.