Health

  • November 30, 2020

    Moderna Seeks FDA Approval For COVID-19 Vaccine

    Moderna on Monday said it is filing an emergency approval request with the U.S. Food and Drug Administration, asking the regulator to sign off on its COVID-19 vaccine that the drugmaker claims is 100% effective at preventing severe cases and 94% effective at preventing infection.

  • November 30, 2020

    Greenberg Traurig Taps Ex-HHS Atty For Health Care Practice

    Greenberg Traurig LLP has hired an attorney who worked for more than a decade with the federal agency that oversees Medicare and Medicaid to join the firm's health care and U.S. Food and Drug Administration practice.

  • November 25, 2020

    Law360 Names Practice Groups Of The Year

    Law360 congratulates the winners of its 2020 Practice Groups of the Year awards, which honor the law firms behind the litigation wins and major deals that resonated throughout the legal industry in the past year.

  • November 25, 2020

    The Firms That Dominated In 2020

    The eight law firms topping Law360's Firms of the Year managed to win 54 Practice Group of the Year awards among them, for guiding landmark deals, scoring victories in high-profile disputes and helping companies navigate uncharted legal seas made rough by the coronavirus pandemic.

  • November 25, 2020

    Fla. Health Clinics Get Atty Fee Award Tossed In Injury Case

    A Florida appeals court on Wednesday reversed a trial court's order allowing a law firm to receive its contingency fee from a personal injury settlement ahead of the health care providers who administered care in exchange for a cut of any deal, saying further proceedings are necessary.

  • November 25, 2020

    EU Regulatory Plan Targets Big Pharma Competition, Mergers

    The European Commission on Wednesday adopted a plan to develop a regulatory framework by 2022 to increase access to cheap generic drugs by cracking down on anti-competitive behaviors by pharmaceutical companies across the European Union.

  • November 25, 2020

    NY Court Says Special Needs Patient's Injury Claims Barred

    In a case of first impression, a New York appellate court has ruled that a special needs teen allegedly injured by a hospital can't pursue certain claims, saying a state social services law protecting special needs patients doesn't allow for private lawsuits.

  • November 25, 2020

    Appeals Court Says NJ Medical Pot Permit Scoring Is Flawed

    A New Jersey appellate panel said Wednesday there were serious problems with the way the state scored medical marijuana permit applications, sending the state's Department of Health back to reconsider applications submitted by rejected companies.

  • November 25, 2020

    NJ Gym Can't Halt Civil Case Over Flouting Virus Shutdown

    A New Jersey gym facing an enforcement order and hefty fine after defying Gov. Phil Murphy's COVID-19 shutdown orders can't get a civil lawsuit against it paused while the gym's owners battle criminal charges, a state judge has ruled.

  • November 25, 2020

    SmileDirect Tries To Save Calif. Dental Board Suit At 9th Circ.

    SmileDirectClub has told the Ninth Circuit that a California federal court was wrong to find that what the company calls a harassment campaign by the state's dental board was instead a proper exercise of its regulatory authority.

  • November 25, 2020

    GAO Says $75M DOD Health IT Support Deal Was Fair

    The U.S. Government Accountability Office denied a protest over a $75.3 million Defense Health Agency program management deal, saying the awardee wasn't advantaged by access to the protester's personnel information, much of which was public on LinkedIn anyway.

  • November 25, 2020

    UnitedHealth Fights 'Game-Changer' ERISA Class Action Loss

    United Behavioral Health is fighting a first-of-its-kind court order to reprocess 67,000 claims after a judge nixed the insurer's guidelines for covering behavioral health treatment, in a case that has huge implications for the future of Employee Retirement Income Security Act class actions over treatment denials.

  • November 25, 2020

    Hospital, Clinic Duel Over 7th Circ. Reach In Antitrust Suit

    An outpatient center told the Seventh Circuit Tuesday that the court doesn't have jurisdiction to revive its claims against a hospital chain it accuses of negotiating insurance contracts that cut competitors out of insurance networks, saying the matter must be sent back to the district court for a new summary judgment decision.

  • November 25, 2020

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

    Ahead of the long weekend, when Americans are most known for gathering and traveling, Thanksgiving-minded governors laid down more restrictions as COVID-19 cases continued surging over the past week.

  • November 25, 2020

    Sport Supplement Co., Owner Plead Guilty Over Steroids

    The U.S. Department of Justice on Wednesday announced that a North Carolina man and his sport supplement company pled guilty to a felony charge for illegally distributing steroids with the intent to defraud consumers and the U.S. Food and Drug Administration and agreed to forfeit $1.2 million.

  • November 25, 2020

    Suit Says 'Infant' Fever Drugs Are Same As 'Children' Drugs

    Parents who bought infant fever medication made by Prestige Consumer Healthcare Inc. are suing the company in California federal court, alleging in a proposed class action that the drugs are the same dosage and formula as the medication labeled for children, but at nearly double the price.

  • November 25, 2020

    Embattled Energy Exec Charged In $317M N95 Mask Scheme

    A Houston energy executive already facing criminal fraud charges related to what jurors determined was infringement on Chevron's trademark has now been accused of duping an Australian state into paying $317 million for non-existent N95 face masks.

  • November 24, 2020

    Claims Court Allows FEMA To Continue COVID-19 Test Deal

    A U.S. Court of Federal Claims judge refused Tuesday to stop the Federal Emergency Management Agency from proceeding with a $48 million contract for COVID-19 testing that's under protest, saying the benefits of the deal outweighed the potential reasons for an injunction.

  • November 24, 2020

    Telehealth Platform Can't Oust Medical Pot Co., Judge Says

    An Illinois federal judge said on Monday that a cannabis telehealth service could not evict a medical marijuana business from its platform even if some of the company's practices were questionable, saying there was no material violation of the pair's agreement.

  • November 24, 2020

    Groups Sue Trump To Block New Drug Import Rule

    An organization representing top pharmaceutical research firms and two health care advocacy groups have sued the Trump administration in D.C. federal court to block a new federal policy allowing states, tribes, pharmacists and wholesalers to import certain prescription drugs from Canada without approval from drug manufacturers.

  • November 24, 2020

    Cook County Escapes FCA Suit Over Grant Funds, For Now

    An Illinois federal judge on Tuesday dismissed Cook County from a False Claims Act suit brought by the government on behalf of a former public health employee alleging the county defrauded the U.S. of millions in federal grant funds, saying she hasn't offered necessary details about the scheme.

  • November 24, 2020

    Mass. Panel Won't Revive Care Attendant's Wage Suit

    A Massachusetts personal care attendant's wage and hour lawsuit against a state agency and two disability assistance organizations can't proceed because she is employed by her patient, not those entities, the Massachusetts Appeals Court ruled Tuesday.

  • November 24, 2020

    No Discrimination Ban For Medical Pot Patients, Hospital Says

    A Pennsylvania hospital system urged a federal judge to throw out parts of a discrimination lawsuit filed by a former employee who was fired after testing positive for marijuana, saying state courts have rejected the idea that medical pot use is protected.

  • November 24, 2020

    HHS Says It's Working With Biden, Touts AstraZeneca Vaccine

    After appearing to hedge last week on the potential of a Joe Biden transition, the head of the U.S. Department of Health and Human Services said Tuesday that he's working with the president-elect's team and that the agency has high hopes for one of AstraZeneca's coronavirus vaccine candidates.

  • November 24, 2020

    Suit Says DaVita Cos. Broke Pay Promise During Pandemic

    DaVita subsidiaries denied workers premium pay after the Trump administration declared a public health emergency in response to the novel coronavirus, despite a written policy to pay enhanced wages during a declared emergency, according to a proposed class action removed to Washington state federal court.

Expert Analysis

  • 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.

  • What To Expect From US Trade Policy In The Biden Era

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    President-elect Joe Biden’s administration will shift focus away from transactional relationships, focusing instead on multilateralism and rebuilding relations with key allies, even if a number of Trump administration trade initiatives live on, say attorneys at Squire Patton.

  • DEA Hemp Rule Could Lose Edge Under Biden Admin.

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    Although the U.S. Drug Enforcement Administration's recent rule on THC concentration in hemp products appears to put processors at greater risk of federal criminal prosecution for products exceeding the legal limit, the election of Joe Biden as president may signal a return to the nonprosecution directive of the Obama presidency, say ​​​​E.K. McWilliams and Wade Thomson at Jenner & Block.

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