Health

  • November 24, 2020

    Purdue Pleads Guilty In NJ To Criminal Opioid Conspiracy

    OxyContin maker Purdue Pharma LP's top officer entered guilty pleas Tuesday on behalf of the company to a three-count felony information detailing Purdue's long conspiracy to defeat federal opioid control programs and anti-kickback statutes, part of a wider $8.3 billion criminal and civil settlement with the U.S. Department of Justice.

  • November 24, 2020

    Biomet To Pay $21M In Hip Implant Defect Suit Verdict

    Biomet Inc. was hit with a $21 million judgment following a Missouri federal trial over whether its hip implants were defective and caused injuries to a woman who had her hips replaced in 2008, according to an order making the amount public on Tuesday.

  • November 24, 2020

    UK Antitrust Arm Mulling Bipolar Drug Co.'s Commitments

    The U.K.'s antitrust regulator is mulling over concessions pharmaceutical company Essential Pharma has said it will make after announcing it planned to withdraw a bipolar medication from the U.K. market and to use its dominant position to increase prices of that medication.

  • November 23, 2020

    Greenberg Traurig Clears Conflict Inquiry In $1B Fraud Case

    A Tennessee federal judge on Friday found that potential conflicts of interest do exist between several attorneys representing a pharmacy owner and pharmacies accused of a $1 billion insurance scheme, but waived the conflicts pertaining to a pair of Greenberg Traurig LLP lawyers.

  • November 23, 2020

    Worker's Family Blames Publix Mask Ban For COVID-19 Death

    Publix Super Markets Inc. put profits before employee safety, the family of a Florida deli worker who died after allegedly catching COVID-19 from a co-worker alleged in a lawsuit filed on Monday.

  • November 23, 2020

    SPAC Links Up With 2 Cos. To Form $1.35B Telehealth Giant

    A special purpose acquisition company launched by serial blank check company creator GigCapital Global unveiled plans Monday to merge with digital health care provider UpHealth and telemedicine solutions provider Cloudbreak to forge a publicly traded telehealth business with an enterprise value of $1.35 billion, in a deal guided by DLA Piper, Husch Blackwell and Sidley Austin.

  • November 23, 2020

    Split 5th Circ. Says Texas Can Cut Planned Parenthood Funds

    An split en banc Fifth Circuit on Monday overruled a circuit panel and vacated a preliminary injunction blocking Texas from kicking Planned Parenthood out of the Medicaid program, holding that individual patients do not have a right to challenge the state's determination that their providers were not "qualified."

  • November 23, 2020

    Texas Hospital Keeps Win In Patient Nerve Damage Suit

    A Texas appellate court has affirmed the dismissal of a suit seeking to hold a Baylor Scott & White hospital liable for a patient's nerve damage suffered due to alleged malpractice, rejecting the patient's argument that the treatment shouldn't be considered emergency medical care subject to a higher evidentiary standard.

  • November 23, 2020

    Teva's Bid To Duck MDL Trials Slammed As 'Fool's Errand'

    A group of drug buyers and states asked a Pennsylvania federal judge Friday to reject Teva Pharmaceutical's bid to scrap a bellwether trial in multidistrict litigation over civil price-fixing claims to await the outcome of related criminal charges, calling the drugmaker's efforts to keep witnesses from overlapping a "fool's errand."

  • November 23, 2020

    Ex-Fugitive Accused Of Medicare Fraud Gets 3 Years

    A New York federal judge sentenced the former co-owner of a medical equipment supplier to three years in prison Monday for health care fraud, after the accused was expelled from Haiti following 11 years on the lam.

  • November 23, 2020

    AstraZeneca Finds 90% Vaccine Success, Will Seek Approval

    AstraZeneca said Monday that one of its coronavirus vaccine candidates achieved 90% effectiveness, while the average efficacy of its two dosing regimens hit only 70% — well below the rates recently reported for Pfizer and Moderna's vaccine candidates.

  • November 23, 2020

    Merck Again Denied In Bid To Arbitrate Vaccine Antitrust Suit

    A Pennsylvania federal judge on Friday refused for a second time to force doctors' practices into arbitration on proposed class action claims that Merck Sharp & Dohme Corp. unlawfully overpriced vaccines, finding that discovery mandated by the Third Circuit shows they're too far removed from the arbitration provisions.

  • November 23, 2020

    Md. Court Reinstates $2.6M Award In Cancer Death Suit

    A Maryland appeals court on Monday reinstated a $2.6 million jury verdict in a suit accusing a radiologist of failing to timely diagnose a woman's breast cancer that caused her death, saying the trial judge's decision to toss the verdict was erroneous.

  • November 23, 2020

    Claims Court Denies Bid Protest Over VA IT Contract

    A U.S. Court of Federal Claims judge has ruled that a U.S. technology firm was properly excluded from a solicitation by the U.S. Department of Veterans Affairs because its proposal had been fairly rated as "unacceptable."

  • November 23, 2020

    Stericycle Investor Seeks Atty Sanction After Objector Claim

    A Stericycle shareholder appealing a 25% cut that Bernstein Litowitz received from representing investors in a $45 million settlement with the solid waste hauler is pressing the Seventh Circuit to reprimand a firm attorney, saying he called the shareholder's own lawyer a "notorious professional objector" despite knowing the allegation was baseless.

  • November 23, 2020

    Texas Law Firm, Mexican Supplier Settle $3M Mask Sale Row

    A Mexican medical equipment supply company told a Texas federal judge on Monday that it had agreed to settle claims that a San Antonio-based law firm withheld over $3 million from a deal to sell millions of face masks to the state's emergency management agency.

  • November 23, 2020

    Feds Say No Privilege For Ex-Theranos CEO In Fraud Case

    The U.S. government is asking a California federal judge to make the former CEO and founder of Theranos turn over witness interviews and other documents relating to allegations that she and her partner sold blood-testing technology they knew didn't work, saying she can't assert attorney-client privilege for work done for the now-defunct company.

  • November 20, 2020

    Trump Slams Big Pharma In Rollout Of Drug Price Rules

    President Donald Trump on Friday announced two finalized policies aimed at fulfilling a campaign promise to cut drug prices, a move he expects will draw legal challenges from Big Pharma.

  • November 20, 2020

    11th Circ. Nixes Widow's Win In Engle Tobacco Suit

    Big Tobacco scored a win in one of the last Engle progeny cases pending in federal court Friday, with the Eleventh Circuit finding that a widow can't collect on her husband's death because neither of his conditions qualified him as a member of a historic tobacco class action.

  • November 20, 2020

    11th Circ. Questions Oscar, Florida Blue On Exclusivity Rules

    An Eleventh Circuit panel during oral arguments Friday grilled Oscar Insurance, the U.S. Department of Justice and Blue Cross Blue Shield of Florida over the latter's rules barring agents from selling insurance policies offered by other companies and whether the exclusivity requirement was protected from federal antitrust law.

  • November 20, 2020

    GAO Backs Defense Health Unit's Follow-On R&D Deal

    The Defense Health Agency was allowed to award a health care delivery modernization research contract to a small business without competition because it could link the contract to an earlier Navy research deal, the U.S. Government Accountability Office has ruled, turning down a protest from a rival company.

  • November 20, 2020

    FDA Targets COVID-19 Claims Over Stem Cell, Dental Products

    The U.S. Food and Drug Administration has issued more warnings over claims that products could prevent or treat COVID-19, this time targeting stem cell products and dental rinses.

  • November 20, 2020

    Medical Marijuana Co. Sues Law Firm For Malpractice

    An Arkansas medical marijuana company has sued Feuerstein Kulick LLP with a $5 million legal malpractice suit, alleging that the firm misrepresented itself by claiming to be experts in the legal process of the medical marijuana industry and that it cost the company licensure from the state.

  • November 20, 2020

    Hospital Looks To Block Plan To Boot It From Health Network

    St. Luke's Hospital in Ohio has urged a federal judge to put an immediate stop to efforts by a rival to push a group of doctors to sever their relationship with St. Luke's.

  • November 20, 2020

    Pot Co. Liberty Health Agrees To Settle $1.8M Securities Row

    Canadian cannabis company Liberty Health Sciences Inc. announced it has agreed to pay $1.8 million to settle a proposed federal securities class action suit just as it was about to enter its third year.

Expert Analysis

  • Rebuttal

    Courts Are Not Confused About Opioid Insurance Suits

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    Although a recent Law360 guest article claimed that confusion has seeped into decisions concerning insurance coverage for opioid lawsuits, courts have addressed the issue clearly and consistently in holding that commercial general liability policies cover the defense of such cases, say attorneys at Miller Friel.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

  • Opinion

    FTC Exceeded Its Authority In Zoom Cybersecurity Settlement

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    In light of the Federal Trade Commission's requirement, in excess of its statutory authority, that Zoom overhaul its data security as part of a recent deceptive practices settlement, companies shouldn't assent to unfounded relief even when challenging the agency could result in costly litigation, say attorneys at Orrick.

  • State FCA Considerations For Cos. Seeking COVID-19 Relief

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    Any business seeking funding from a state or local pandemic relief program should be cognizant of the significant legal exposure it could face under a state false claims act, say attorneys at Patterson Belknap.

  • The Pandemic's Long-Term Impact On Law Firm Operations

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    Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.

  • How Biden Might Dismantle Trump-Era Regulations

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    The Biden administration will likely take swift action to undo regulatory actions from the past four years with a variety of tools, including executive orders, the Congressional Review Act and legal challenges under the Administrative Procedure Act, say attorneys at Jenner & Block.

  • Cannabis In NJ Can't Work Without Medical Marketplace Fix

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    Although New Jersey voters recently approved the state’s adult-use cannabis referendum, the new program cannot succeed without first expanding the state's medical marketplace, which is failing to meet existing demand due to an appellate stay on licensing, says Michael McQueeny at Foley Hoag.

  • Opinion

    Congress Should Take Responsibility For Immigration Reform

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    Lawmakers should stop relying on White House stopgap measures and drive systemic immigration reform by reassessing the current quota system, increasing family and employment-based visas, and creating a simplified temporary worker program to fill agricultural and skilled labor positions, says Rosanna Berardi at Berardi Immigration.

  • Opinion

    Lack Of Access To Remote Court Proceedings Is Inexcusable

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    Blanket rules that bar recording or dissemination of remote public court proceedings impede presumptive common law and First Amendment right of access, greatly expand courts' powers over nonparties, and likely run afoul of U.S. Supreme Court precedent, says Matthew Schafer at ViacomCBS.

  • Opinion

    Why Attacks On Trump's Election Lawyers Are Problematic

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    The vilification of Jones Day and Porter Wright for their involvement in President Donald Trump's election lawsuits is an attack on lawyers' duty to advocate for their clients' causes fearlessly and zealously within the bounds of the law, says Pierce O'Donnell at Greenberg Glusker.

  • Advancing The Democratic Tax Agenda In 2021

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    Even with a divided government starting next year, Democrats will have a major effect on tax policy, pursuing legislative compromises and regulatory changes in service of President-elect Joe Biden's tax plan, and potentially reversing many Trump administration initiatives, say Russell Sullivan and Radha Mohan at Brownstein Hyatt.

  • M&A Poised For Growth In The Biden Era

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    The M&A market is well positioned for recovery and growth under a Biden administration and divided Congress, which will likely gain control over the coronavirus pandemic, pass a stimulus package, and provide greater transparency in antitrust enforcement, say attorneys at Debevoise.

  • Opinion

    Vaccine Developers Must Put Cure Before Patent Profits

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    Pfizer and its competitors fighting to become the first entity to safely and effectively defend against COVID-19 need to do so while preserving consumer trust, ethical reputation and fiscal profitability — including by making patent rights available to the public for limited purposes, says Michael O'Shaughnessy at Womble Bond.

  • 5 Crisis Management Strategies For Health Care Attorneys

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    Lawyers should play a leading role in crisis management as their health care clients face today's emergencies, and a few fundamental rules — such as building a culture of preparedness and keeping stakeholders informed — can help, say Dan Sanders at Nelson Mullins and Megan Paquin at Poston Communications.

  • Avoiding 6 Common E-Discovery Production Pitfalls

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    Vanessa Barsanti and Sarah Mahoney at Redgrave explore how attorneys can prevent collateral discovery disputes by efficiently overseeing the electronic document review process and ensuring the integrity of the information provided to opposing counsel.

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