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  • December 13, 2018

    NJ Health Care Co. Execs Indicted In $300M Investment Fraud

    Four former executives of the bankrupt Constellation Healthcare Technologies Inc. have been indicted for bilking investors out of $300 million in connection with a merger designed to take their publicly traded company private, New Jersey federal prosecutors said Thursday.

  • December 13, 2018

    China's Wuxi Apptec Raises $1B In Hong Kong IPO

    Medical technology platform Wuxi Apptec Co. Ltd. said Thursday it raised more than $1 billion in an initial public offering on the Hong Kong Stock Exchange, marking the latest Chinese company to access Hong Kong’s international markets through a massive IPO in 2018.

  • December 13, 2018

    Allstate Underpaid Auto Crash Injury Benefits, Suit Says

    A putative class of auto insurance customers and a putative class of health care providers are jointly suing Allstate over allegedly failing to properly reimburse health costs over car accidents that happened in Pennsylvania but occasioned treatment outside Pennsylvania, according to a suit removed to New Jersey federal court Wednesday.

  • December 13, 2018

    Biotech Biz Zymergen Lands $400M Series C Funding

    Molecular manufacturing technology company Zymergen said on Thursday that it has raised over $400 million in its latest round of funding that it will use to accelerate product development and commercialization.

  • December 13, 2018

    The Biggest Benefit Policy Changes Of 2018

    President Donald Trump's cabinet and federal courts from red states chipped away at two key Obama-era benefit policies this year, authorizing the expansion of Affordable Care Act-eschewing health care plans and torpedoing a 2016 regulation intended to protect retirees from self-interested investment advisers.

  • December 13, 2018

    FDA Nixes Proposed Rule On Generic-Drug Warning Labels

    The U.S. Food and Drug Administration on Thursday said that it was withdrawing a proposed rule that would have allowed generic-drug makers to independently update drug labeling to include new safety information, saying it could have increased industry costs that might have been shifted to patients.

  • December 13, 2018

    Top Product Liability Cases Of 2018

    A since-slashed $289 million jury verdict in the first case to go to trial over claims that Monsanto's Roundup weedkiller causes cancer and a mix of verdicts in Johnson & Johnson topped the list of significant product liability cases of 2018.

  • December 13, 2018

    Locke Lord Accused Of Missing Health Plan's ERISA Liability

    The independent fiduciary for a failed health benefits plan accused Locke Lord LLP in a complaint filed in Illinois federal court of providing faulty legal advice that ultimately helped to spell the plan’s doom.

  • December 13, 2018

    CVS-Only HIV, AIDS Drugs Aren't Discriminatory, Judge Says

    A potential class of Amtrak, Lowe’s Companies Inc. and Warner Media LLC employees with HIV and AIDS aren't being discriminated against just because their health plan will only cover medications from CVS Health Corp., a California federal judge ruled in dismissing the workers' suit against the companies.

  • December 13, 2018

    Pa. Whistleblower Claim Not Barred By Older Law, Court Says

    A manager’s retaliation claim against the Lehigh Valley Health Network Inc. was revived by the Superior Court of Pennsylvania Wednesday when an appellate panel ruled she could bring a claim under the state’s whistleblower law without first going through the Pennsylvania Human Relations Act.

  • December 13, 2018

    Insys Slams BCBS Privilege Claim In $19M Fentanyl Suit

    Fentanyl maker Insys Therapeutics Inc. has filed a blistering request in Arizona federal court to wrest documents from Blue Cross Blue Shield over the insurer's allegations that Insys conjured up $19 million worth of bogus prescriptions for the powerful opiate, calling the insurer's attorney-client privilege claims a fiction.

  • December 13, 2018

    5 Of 6 NECC Defendants Guilty In Latest Trial

    A jury found five of six former New England Compounding Center employees guilty Thursday after a week of deliberations in Boston federal court in the third criminal trial related to the Framingham, Massachusetts, facility, whose contaminated steroids killed 64 and infected almost 800 others in a nationwide meningitis outbreak in 2012.  

  • December 12, 2018

    BCBS Must Face Per Se Antitrust Test, 11th Circ. Rules

    Blue Cross Blue Shield insurers must face the per se legal standard that if proven says their behavior in allegedly divvying up geographic markets broke the law regardless of the impact on competition, the Eleventh Circuit said Wednesday.

  • December 12, 2018

    8th Circ. Won't Revive Express Scripts Breach, Antitrust Suit

    The Eighth Circuit on Wednesday summarily shot down a New York pharmacy’s bid to revive its breach of contract and antitrust suit against Express Scripts Holding Co.

  • December 12, 2018

    Flawed Verdict Form Triggers New Trial Against Calif. Hospital

    A California appeals court said Tuesday that a “hopelessly” unclear verdict form invalidates a $1.75 million medical malpractice verdict against a hospital whose treatment of a patient with temporarily impaired swallowing power allegedly led to her death.

  • December 12, 2018

    It's Too Early To Say Doc Is Dodging Fees, Fla. Court Tells Atty

    A Florida appeals court on Wednesday dismissed the appeal of a trial court order ending an attorney’s claims against his former client, a Miami-area chiropractor, whom the attorney claims settled on his own with an insurer to circumvent the lawyer’s right to fees.

  • December 12, 2018

    FDA Boss Vows Crackdown On Stem Cell, Supplement Cos.

    The U.S. Food and Drug Administration’s leader on Wednesday said that tougher enforcement is coming in early 2019 for bogus claims or shoddy manufacturing involving stem cell therapies, dietary supplements and compounded drugs.

  • December 12, 2018

    Bad Jury Instructions Nix Defense Verdict In Patient Death Suit

    A New York appellate panel on Wednesday vacated a jury’s decision to clear an anesthesiologist of causing a patient’s death by failing to clear a blocked breathing tube in a timely manner, saying the jury was given improper instructions regarding the “emergency doctrine.”

  • December 12, 2018

    NY AG Gets Emblem To Cover Gender Reassignment Surgery

    Nonprofit insurer EmblemHealth has agreed to cover gender reassignment surgery and reimburse policyholders who paid for surgery out of pocket after being denied coverage, the New York attorney general’s office announced Wednesday.

  • December 11, 2018

    Calif. High Court OKs Meal Break Waiver For Health Workers

    Golden State health care workers don't have to take a second meal break during shifts lasting longer than 12 hours, meaning they can opt to leave work a half hour sooner, the California Supreme Court said Monday.

Expert Analysis

  • 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.

  • A Guide To Workplace Violence Prevention And Response

    Excerpt from Lexis Practice Advisor
    Elizabeth Harlan

    In this Lexis Practice Advisor excerpt, Elizabeth Harlan of Astrachan Gunst Thomas offers practical employer strategies for inhibiting and reacting to violence in the workplace.

  • State Net

    More State Issues The Blue Wave May Shape In 2019

    Rich Ehisen

    In the second installment of this three-part legislative preview, Rich Ehisen of State Net Capitol Journal examines a number of issues that should keep state lawmakers occupied next year.

  • Why The High Court Will Hear Cochise Consultancy V. US

    Matthew Curley

    The U.S. Supreme Court recently agreed to hear Cochise Consultancy v. United States ex rel. Hunt, which deepened the circuit split over how the False Claims Act’s statute of limitations applies in certain qui tam actions. The decision should bring sorely needed clarity, say Matthew Curley and Scott Gallisdorfer of Bass Berry & Sims PLC.

  • Class Cert. Evidence Standard Likely Headed To High Court

    Thomas Richie

    With circuit courts irreconcilably split on expert testimony at the class certification stage, the Ninth Circuit’s recent decision not to reconsider Sali v. Corona Regional Medical Center all but guarantees the issue will soon reach the U.S. Supreme Court, say Thomas Richie and John Goodman of Bradley Arant Boult Cummings LLP.

  • Medical Marijuana Poses ADA Risks For Pa. Health Care Cos.

     Mariah Passarelli

    For health care employers, the enactment of Pennsylvania's Medical Marijuana Act has further complicated navigation of reasonable accommodations under the Americans with Disabilities Act. Mariah Passarelli of Cozen O’Connor discusses the pitfalls companies face at the crossroads of these two statutes.

  • Crypto Addresses As OFAC Identifiers

    Maxwell T.S. Thompson

    Last week, the Office of Foreign Assets Control took the significant step of adding two digital currency addresses to its list of identifiers for certain individuals related to an Iranian hacking enterprise. This should immediately alert entities that transact in digital assets, says Maxwell T.S. Thompson of Murphy & McGonigle PC.