Health

  • 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.

  • November 20, 2020

    Pfizer, BioNTech Seek Emergency COVID-19 Vaccine Approval

    Pfizer and its German partner BioNTech filed an emergency approval request with the U.S. Food and Drug Administration on Friday, asking the regulator to sign off on their COVID-19 vaccine candidate, which they claim has a 95% effectiveness rate with "no serious safety concerns observed to date."

  • November 20, 2020

    Mallinckrodt Can Use Lender Cash As Ch. 11 Probe Proceeds

    A Delaware judge on Friday cleared global drugmaker Mallinckrodt PLC to continue using lender cash to fund its Chapter 11 case after an agreement was struck with unsecured creditors and opioid tort claimants to free up more money and time to investigate possible litigation claims.

  • November 20, 2020

    11th Circ. Blocks Fla. Conversion Therapy Bans

    The Eleventh Circuit on Friday blocked local bans on "conversion therapy" implemented by Boca Raton and Palm Beach County, ruling that the ordinances violate the First Amendment by impermissibly curbing therapists' speech.

  • November 20, 2020

    Pa. Lawmakers OK Expanded COVID-19 Liability Protections

    Pennsylvania lawmakers gave final approval Friday to a bill providing expanded liability protection to health care facilities, nursing homes, schools and other businesses for claims related to coronavirus exposure.

  • November 20, 2020

    7th Circ. Backs Ex-Pharma Head's Nearly 3-Year Sentence

    The Seventh Circuit affirmed a former pharmacy CEO's 33-month prison sentence after a jury found him guilty of knowingly selling mislabeled opioids and other drugs, including some that were nearly 25 times stronger than advertised and threatened the lives of infants.

  • November 20, 2020

    J&J Unit, PE Firm To Pay $11.5M Over FCA Claims

    A Johnson & Johnson unit and a private equity firm will pay a combined $11.5 million to resolve False Claims Act allegations in Pennsylvania federal court that a former J&J subsidiary had promoted a medical procedure for unapproved uses on children, prosecutors said.

  • November 20, 2020

    Taxation With Representation: Wachtell, Kirkland, Latham

    In this week's Taxation With Representation, Home Depot acquires HD Supply for $8 billion, pharmaceutical company China Biologic is valued at $4.8 billion, and Simon Property Group Inc. inks a new $3 billion deal for Taubman Centers Inc.

  • November 20, 2020

    Health Hires: Epstein Becker, Lewis Brisbois, Taylor English

    Epstein Becker Green has nabbed a health care attorney from Dentons, Lewis Brisbois reeled in a former cybersecurity director of a Tenet Healthcare unit and Intersect ENT hired the former top attorney at Grail Inc. and McKesson, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.

  • November 20, 2020

    Texas Tech Branch Beats Age Bias Suit At State High Court

    Texas Tech University Health Sciences Center El Paso on Friday ditched a longtime administrative employee's age discrimination suit after the state's Supreme Court overturned two lower court orders and ruled she hadn't shown the school hired a younger worker to replace her.

  • November 20, 2020

    Mintz, Ropes Guide SPAC Deal Forming $1.5B Ultrasound Co.

    Ultrasound technology developer Butterfly Network Inc. has agreed to merge with a private equity-backed blank check company to form a single business with an enterprise value of about $1.5 billion, the companies said Friday, in a deal guided by Mintz and Ropes & Gray.

  • November 19, 2020

    Contractor Fights Investors' Claims Over COVID Test Kit Deal

    Hospital contractor SCWorx and its chief executive told a Manhattan federal judge on Wednesday that a proposed class of investors failed to show that the company had lied in connection with a COVID-19 test supply deal that purportedly fell apart in the spring.

  • November 19, 2020

    Alaska Lawmakers Tell Justices Native Cos. Need Virus Money

    Alaska's members of Congress have urged the U.S. Supreme Court to overturn a D.C. Circuit ruling that Alaska Native corporations don't qualify for a share of $8 billion in COVID-19 relief, saying an appeals panel "superimposed the Lower 48 model of Indian tribe on Alaska" and denying funding during the pandemic threatens Alaska Natives' health.

  • November 19, 2020

    7-Year Delay In Suing Doesn't Doom EEOC Pregnancy Case

    The U.S. Equal Employment Opportunity Commission got the green light to pursue a suit accusing medical transport provider LogistiCare of illegally firing pregnant workers, even though the 2020 suit stems from a bias charge lodged at the EEOC seven years ago.

  • November 19, 2020

    White House, CDC Call For Vigilance Amid COVID-19 Surge

    In a unified front, the White House's coronavirus task force and the Centers for Disease Control and Prevention on Thursday urged Americans to remain vigilant amid a nationwide spike in COVID-19 cases as the country awaits a vaccine that is expected within a month.

  • November 19, 2020

    6th Circ. Upholds Hartford's Win In Disability Benefits Case

    A Sixth Circuit panel ruled Thursday that Hartford Life & Accident Insurance Co. was within its legal rights to stop providing disability benefits to a former U.S. Bank employee with multiple myeloma, upholding a Kentucky federal judge's decision.

  • November 19, 2020

    Norton Healthcare Strikes Tentative Settlement In ERISA Row

    Norton Healthcare Inc. has reached a tentative deal to settle a proposed class action that could cover as many as 15,000 former employees who allege that the company's multimillion-dollar retirement plan had unnecessarily high fees and poor investment offerings.

  • November 19, 2020

    Pot Co. Defeats Accountant's Wrongful Termination Claim

    A Pennsylvania federal court on Wednesday tossed half of an accountant's lawsuit alleging a medical marijuana company fired her for reporting malfeasance, saying her pleadings did not support a wrongful termination claim.

  • November 19, 2020

    Lawmakers Probe Reinsurance Plan For Future Pandemics

    Insurance industry representatives told a U.S. House panel on Thursday that the federal government should take a prominent role in helping to shield businesses from losses due to future pandemics, as the lawmakers weighed a proposed multibillion-dollar federal reinsurance program to back up insurers that offer pandemic coverage.

  • November 19, 2020

    NFL Plan Asks 11th Circ. To Rehear Ruling It Ignored Evidence

    The NFL's retirement and disability plan on Thursday asked the Eleventh Circuit to rethink a decision that found the plan board abused its discretion in denying permanent disability benefits to a former player because it ignored certain evidence, arguing that all the evidence was "indisputably" before the board and that the appellate court went too far in second-guessing the plan board's denial.

  • November 19, 2020

    Navajo Hospital Seeks Injunction To Secure IHS Contract Fast

    A hospital serving the Navajo Nation is seeking a preliminary injunction to immediately renew its self-determination contract with the Indian Health Service, saying swift action is needed to prevent health care interruptions during the coronavirus pandemic.

  • November 19, 2020

    Cancer Center Docs Want $2.6M Suit Over Assets Blocked

    A group of doctors who worked for bankrupt Florida cancer center 21st Century Oncology asked a New York bankruptcy judge on Wednesday to block a $2.6 million Florida state court lawsuit claiming they were paid with fraudulently transferred assets.

Expert Analysis

  • Decoupling From China: Part 3 — Oversight And The Election

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    Attorneys at WilmerHale examine the scrutiny U.S. businesses spending COVID-19 relief funds in China will likely face, the upward trajectory of China-focused congressional investigations, and how the U.S. presidential election will affect relations with China.

  • What A Trump Or Biden Win Will Mean For State AGs

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    The outcome of the presidential election will have significant consequences on cooperation between federal agencies and state attorneys general, but either way robust multistate investigations — especially in the consumer protection space — will continue, says Sean Riley at Cozen O'Connor.

  • Decoupling From China: Part 2 — Security Requirements

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    Attorneys at WilmerHale discuss security requirements and export controls protecting U.S. technologies and supply chains, and the potential impact efforts to separate the U.S. and Chinese economies could have on international trade.

  • Persuasion Skills Attys Can Learn From Political Speeches

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    The tools of powerful political speeches — those with soaring rhetoric that convinces and moves listeners — can be equally applicable to oral advocacy, case strategy and brief writing, say Lauren Papenhausen and Julian Canzoneri at White & Case and former presidential speech writer Dave Cavell.

  • Opinion

    Arrest Record Standards Must Evolve To Make Hiring Fairer

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    Because arrest records are often misleading litmus tests for employability, the government must omit arrests that don't lead to conviction, develop automatic expungement processes, and make it easier for citizens to access, question or challenge public files, says Rebecca Rapp at Ascendium Education Group.

  • Decoupling From China: Part 1 — Legislation And Funding

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    Attorneys at WilmerHale consider how federal funding and the Committee on Foreign Investment in the United States' expanded authority are advancing the national imperative to end U.S. dependence on China for strategically important materials, components and products.

  • Opinion

    Courts Shouldn't Consider Bodily Injury Claims In Opioid Suits

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    Although public nuisance claims are driving opioid lawsuits, some recent court decisions are making a mistake by blurring the distinction between claims for individual injury and claims for governmental abatement funding, potentially manufacturing unintended insurance coverage and depleting insurance where it is actually needed, says Adam Fleischer at BatesCarey.

  • Opinion

    Reflections On My 1st Judicial Election Amid Racial Tensions

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    Former Georgia Supreme Court Chief Justice Robert Benham looks back at the racial barriers facing his first judicial campaign in 1984, and explains how those experiences shaped his decades on the bench, why judges should refrain from taking political stances, and why he was an early supporter of therapeutic courts that deal with systemic problems.

  • Series

    AGs In A Pandemic: Ellison Talks Minnesota Housing

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    Minnesota Attorney General Keith Ellison explains how helping people afford their lives — and live with dignity, safety and respect — during the COVID-19 pandemic has meant protecting tenants from eviction, going after scammers and profiteers, and taking action against wage theft.

  • Key Gov't Tools For Addressing National PPE Shortages

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    Shortcomings in personal protective equipment supply chains remain worrisome as the COVID-19 pandemic continues into winter, but the federal government can mitigate this crisis with tools including the Defense Production Act and other financial incentives, says Sarah Rathke at Squire Patton.

  • Weighing Litigation Vs. Arbitration Amid Court Disruptions

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    Parties must determine whether arbitration is better than litigation for their disputes amid pandemic-induced court delays by answering five key questions and understanding the importance of a clearly tailored arbitration clause, say attorneys at Goodwin.

  • Overlooked Patent Cases: Scrutiny Of Damage Apportionment

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    Several recent and potentially overlooked federal district court decisions suggest that judges may be rejecting as unreliable an approach to patent damages apportionment that marshals qualitative evidence regarding an invention's perceived value, so experts should buttress apportionments with independent quantitative assessments, say attorneys at Akin Gump.

  • FLSA Evolution Reflects Employer-Friendly Shift

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    Recent U.S. Department of Labor actions and landmark federal appellate court rulings have fostered a rapid Fair Labor Standards Act transformation that is arming companies with more tools to defend worker misclassification and unpaid overtime allegations, says Hollie Reiminger at Fisher Phillips.

  • Flint Water Crisis Ruling May Signal Broader EPA Liability

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    A Michigan federal court’s recent ruling that the U.S. Environmental Protection Agency wasn't immune to negligence claims for its handling of the Flint drinking water crisis may signal a new era in government liability with increased risk to unappropriated public funds, say William Droze and Lisa Zak at Troutman Pepper.

  • Avoiding Shareholder Class Actions After FDA Drug Denials

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    Sponsoring companies can become tempting targets for shareholder plaintiffs when their experimental drugs are not approved by the U.S. Food and Drug Administration, but analysis of recent cases reveals some considerations for mitigating litigation risk, say attorneys at King & Spalding.

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