Health

  • November 12, 2020

    State Pot Regulators Join Forces To Share Best Practices

    Cannabis regulators in 19 states on Thursday announced the formation of a new group to facilitate conversations about how to devise and enact policies for states and local jurisdictions with legal marijuana markets.

  • November 12, 2020

    Cleary Steers PE-Backed Sotera Health's $1B IPO Launch

    Private-equity backed Sotera Health Company on Thursday set a price range for an estimated $1 billion initial public offering, steered by Cleary Gottlieb Steen & Hamilton LLP and underwriters counsel Simpson Thacher & Bartlett LLP, hoping to go public before Thanksgiving.

  • November 12, 2020

    W.Va. Health Agencies Sued For Not Covering Trans Benefits

    A transgender Medicaid participant, a state worker and his dependent hit West Virginia agencies and several top government officials with a proposed class action in federal court Thursday, challenging provisions in the state's Medicaid and employee health insurance plans that deny coverage for transgender people.

  • November 12, 2020

    Researcher Cops To Hiding China Ties To Win $4M In Grants

    A rheumatology and immunology researcher at Ohio State University and Pennsylvania State University pled guilty on Thursday to accepting $4.1 million in federal grant money by lying on grant applications about his close ties to China.

  • November 12, 2020

    Verano, AltMed Merger Creates Privately Held Pot Giant

    Multistate cannabis operator Verano Holdings LLC has said it will acquire and merge with Florida-based medical marijuana company AltMed, creating one of the country's largest privately held pot businesses.

  • November 12, 2020

    Real Estate Rumors: Raytheon, DemeTech, CAI Investments

    Raytheon Technologies has reportedly extended its lease for 116,000 square feet in Virginia, DemeTech is said to have paid $15 million for a Florida warehouse and CAI Investments has reportedly dropped $43 million on an Illinois office building.

  • November 12, 2020

    Hartford Axed From Dentists' Virus Loss Coverage Suit

    A Missouri federal judge has dropped Hartford Financial Services Group from four dental practices' proposed class action over COVID-19 business losses, agreeing the insurer bears no legal liability as it did not issue the insurance policies.

  • November 12, 2020

    3 Firms Lead $4.4B Health Care Co.'s Go-Public Deal

    Senior-focused health care business Cano Health said Thursday it's going public through a merger with blank-check company Jaws, in a deal led by three law firms that values the combined entity at $4.4 billion.

  • November 12, 2020

    3 Ways COVID-19 Is Reshaping The US Residential Market

    Residential property owners are increasingly seeking more space in less dense markets as the COVID-19 pandemic continues, and that could spell oversupply trouble for condo properties in certain dense downtown cores and opportunities in other markets, lawyers say. Here, Law360 looks at three ways the pandemic is reshaping the U.S. residential market.

  • November 12, 2020

    Shkreli's Objections To FTC Prison Comms Access Tossed

    A New York federal judge overruled objections from incarcerated "pharma bro" Martin Shkreli regarding the Federal Trade Commission's access to his prison telephone communications, in the FTC's legal challenge against Shkreli on charges of monopolizing sales of the anti-parasitic drug Daraprim.

  • November 10, 2020

    Biden Taps BigLaw Partner, Obama Officials For HHS Review

    BigLaw attorneys will advise the Biden-Harris transition team's review of the U.S. Department of Health and Human Services, including a Hogan Lovells LLP partner who previously defended the Affordable Care Act at the U.S. Supreme Court and a former Boies Schiller & Flexner LLP partner who once served as the chief of staff at the U.S. Food and Drug Administration.

  • November 10, 2020

    Bard Gets Fed. Circ. To Revive $68M Infringement Trial

    A Delaware federal judge made several mistakes when he stopped an infringement trial with $67.5 million on the line to conclude medical device maker C.R. Bard's patent claims were invalid and not infringed by AngioDynamics, the Federal Circuit said Tuesday.

  • November 10, 2020

    NYU Hospital, Doctor Must Face Patient's Bowel Injury Suit

    A New York appellate panel on Tuesday revived a suit accusing a New York University hospital and surgeon of perforating a woman's bowel during gastric bypass surgery, saying the providers' defense was based on improperly established "habit evidence," or a physician's usual practice when treating patients.

  • November 10, 2020

    4 Key Moments As Justices Debate ACA's Fate

    Eagerly awaited oral arguments in a Republican-led legal challenge to the entire Affordable Care Act featured remarks from U.S. Supreme Court justices indicating that the case is likely doomed but might end up resolving a significant debate over when Americans have standing to challenge federal laws.

  • November 10, 2020

    7th Circ. Raises Jurisdiction Issues In Hospital Antitrust Row

    A Seventh Circuit panel ordered additional briefing Tuesday as it considers reviving claims against a hospital chain accused of negotiating insurance contracts that cut competitors out of insurance networks, saying there could be a jurisdictional problem if all parties did not consent to a decision by a magistrate judge.

  • November 10, 2020

    5 Firms Guide 2 Blank-Check Cos.' $390M Offerings

    Two blank-check companies focused on real estate technology and the health care industry raised a total of $390 million in their initial public offerings this week, marking the latest entries to the field of such entities in a pair of offerings guided by five law firms.

  • November 10, 2020

    GSK Says FDA Rejected Zofran Label Change

    GlaxoSmithKline on Monday told a Massachusetts federal judge overseeing multidistrict litigation over its anti-nausea medicine Zofran that the U.S. Food and Drug Administration has rejected a proposed label change that would have added birth defect warnings.

  • November 10, 2020

    FTC Probes Illumina's $8B Deal For Cancer Detection Biz

    The Federal Trade Commission has told Illumina that it wants to look more deeply into the biotech giant's planned $8 billion acquisition of Grail Inc., Illumina said.

  • November 10, 2020

    Speculative Testimony Voids Defense Win In Birth Injury Trial

    A Missouri appellate court on Tuesday ordered a new trial in a suit accusing two physicians of botching a premature infant's delivery that led to a permanent brain injury, saying a medical expert for the defense offered testimony that was "irrelevant and speculative."

  • November 10, 2020

    Federal Workers Union Asks To Pause Ruling On VA Deal

    A federal government employees' union wants to pause a Federal Labor Relations Authority panel's decision that largely sided with management in a dispute over a Veterans Affairs contract, saying Tuesday that a court should first weigh in on whether the panel is constitutional.

  • November 10, 2020

    Drivers Say Transit Co. Was Lax On Uniforms Before BLM Ban

    The Port Authority of Allegheny County, Pennsylvania, didn't enforce its uniform code ban on employees wearing political or social slogans until workers started wearing masks with "Black Lives Matter" messages, employees and union officials testified Tuesday in federal court in a lawsuit claiming the policy was discriminatory.

  • November 10, 2020

    Rival Accuses ProMedica Of Anti-Competitive Conduct

    Ohio's St. Luke's Hospital slapped a federal antitrust suit Tuesday against ProMedica Health System Inc., alleging that the nonprofit health care system's move to terminate service contracts and pressure physicians to stop practicing at the hospital unfairly suppressed health care competition and would further cement ProMedica's dominant market power.

  • November 10, 2020

    CVS, Rite Aid Say Doctors Also Liable For Prescribing Opioids

    Pharmacy chains including CVS and Rite Aid on Monday swung back at a bid by two Ohio counties to strike the chains' claims against health care workers who wrote opioid prescriptions, saying their arguments rest on "fiction."

  • November 10, 2020

    IHS Proposes Rule To Improve Buy Indian Act Implementation

    The Indian Health Service has proposed regulations intended to boost the number of procurement contracts it awards to Native American-owned and controlled businesses, according to the agency and a notice published Tuesday in the Federal Register. 

  • November 10, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    A resurgence of COVID-19 cases swept through the nation over the past week, prompting the revival of mitigation measures in New Jersey and Illinois restaurants and additional community testing sites in Delaware.

Expert Analysis

  • 11th Circ. Ruling Misinterprets FCA Materiality Standard

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    In Ruckh v. Salus, the Eleventh Circuit recently ignored the U.S. Supreme Court's rigorous standard for proving False Claims Act materiality, an unfortunate misinterpretation that will lead to an inconsistent precedential standard, say David Douglass and Keeley McCarty at Sheppard Mullin.

  • A Refresher For Gov't Contractors On Bid Protest Intervention

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    As bid protest filings peak in October following the end of the federal government’s fiscal year, government contractors should keep in mind their rights to intervene in protests and consider the important reasons for doing so, says Aron Beezley at Bradley Arant.

  • Employers Must Beware The Coming Union Organizing Storm

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    As economic unrest, layoff risks and other pandemic-related factors are likely to increase employee interest in union organizing once the public health emergency subsides, the best way companies can defend against worker unrest is by preparing management to respond quickly to concerns, says Daniel Johns at Cozen O'Connor.

  • What Hiring Law Firms Should Consider Instead Of Grades

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    With law schools forgoing traditional grading due to the pandemic, hiring firms that have heavily weighted first-year grades during the on-campus interview process should turn to metrics that allow a more holistic view of a candidate, says Kate Reder Sheikh at Major Lindsey.

  • Evidence Ruling Highlights Spoliation Claim Concerns

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    A Colorado federal court recently denied the plaintiff’s motion for spoliation of evidence in Bragg v. Southwest Health, reminding counsel of their duty to discuss with clients the specifics of what information they allege is missing from the provided discovery, says Deena Duffy at Spencer Fane.

  • Employer ADA Considerations Under EEOC Opioid Guidance

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    Following new U.S. Equal Employment Opportunity Commission guidance on opioid users’ workplace rights, Vista Lyons at FordHarrison discusses employer procedures for responding to Americans with Disabilities Act accommodation requests, the types of modifications that may be available, and the medical information that can be requested.

  • FCA Materiality Standard's Odd Application To Payment Terms

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    A recent Pennsylvania federal court's decision in U.S. v. Sanofi highlights a puzzling aspect of False Claims Act materiality, under which failure to satisfy a condition of payment does not necessarily satisfy the materiality requirement to trigger FCA liability, says Geoffrey Kaiser at Kaiser Law.

  • Opinion

    Trump Should Revisit Flawed Plan To Lower Drug Prices

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    President Donald Trump has no legal authority to enact his proposed drug reform linking Medicare payments to prices paid in other countries, and should instead ease regulatory burdens on new drugs and demand that foreign governments pay their fair share for medicine, says Joel White at the Council for Affordable Health Coverage.

  • Series

    Judging A Book: Schroeder Reviews 'Collegiality'

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    Mark Barringer's new book, "Collegiality and the Constitution," is an engaging, vibrant work of judicial history in Texas' Eastern District, and reveals an atmosphere of civility and respect among all those involved in the business of the court, says U.S. District Judge Robert W. Schroeder III.

  • Now Is The Time To Go Digital With Compliance Training

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    To properly meet the U.S. Department of Justice's latest corporate compliance expectations and adapt to the current remote working environment, consider collaborating with a client on an e-learning solution tailored to its employees, says Alexander Holtan at Eversheds Sutherland.

  • Medicare Entitlement Rulings Help Bankrupt Health Providers

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    A series of recent federal court decisions in health care bankruptcy proceedings have found Medicare and Medicaid provider agreements to be statutory entitlements, rejecting the Centers for Medicare & Medicaid Services' position on the matter and potentially giving reorganizing providers additional arguments for favorable treatment, say attorneys at Arent Fox.

  • Overcoming The Pandemic's Hurdles To Pro Bono Work

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    Sarah McLean at Shearman & Sterling looks at how attorneys and law firms can partner with nonprofits to leverage their collective resources, sharpen their legal skills and beat the unique pandemic-induced challenges to providing free legal services to low-income individuals.

  • What A Biden Win Could Mean For Employer Health Insurance

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    Eric Schillinger and Anne Hall at Hall Benefits discuss how a Biden administration's potential legislative and regulatory changes to employer-sponsored health insurance — such as expansion of the Affordable Care Act's nondiscrimination rules and withdrawal of the Trump administration's association health plan regulations — would impact employers.

  • The Crushing Cost Of HIPAA Security Rule Noncompliance

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    The U.S. Department of Health and Human Services recently announced three major settlements for Health Insurance Portability and Accountability Act security rule violations in a single week, highlighting the importance of creating a plan and performing risk analysis to avoid paying the price of noncompliance, says Dena Castricone at DMC Law.

  • Best Practices For Presenting Exhibits In A Remote Deposition

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    In this era of fully remote depositions, attorneys must carefully consider whether they want to deliver exhibits to opposing counsel in advance or on the day of the deposition, and think creatively about the technological resources available to them, say Helene Wasserman and Nathaniel Jenkins at Littler.

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