Health

  • February 16, 2018

    New FCA Ruling Puts Medicare Advantage Plans On Alert

    A new False Claims Act ruling involving UnitedHealth Group Inc. is a clear warning that Medicare Advantage insurers may face massive penalties for ignoring questionable patient diagnoses and failing to return related government payments.

  • February 16, 2018

    Bass Berry Snags Ex-HHS, Polsinelli Health Care Atty

    Bass Berry & Sims PLC expanded its Nashville, Tennessee, group with the addition of a former Polsinelli PC attorney who brings experience advising on private equity acquisitions and other transactions in the health care industry as well as a background with compliance and False Claims Act suits.

  • February 16, 2018

    McElroy Deutsch Nabs Ex-Locke Lord Atty For New RI Office

    McElroy Deutsch Mulvaney & Carpenter LLP has expanded into Rhode Island, as the firm opened an office in the state and brought in a former Locke Lord LLP product liability and health care specialist to manage and build out the new location.

  • February 16, 2018

    NJ Teacher Cops To Role In $50M Drug Fraud Scheme

    A New Jersey teacher pled guilty to defrauding New Jersey’s health benefits program and other insurers out of more than $2 million by recruiting state employees who could submit unnecessary prescriptions, as part of his role in a $50 million scheme, the New Jersey attorney general said on Friday.

  • February 16, 2018

    Taxation With Representation: Kirkland, Davis, Skadden, Weil

    In this week's Taxation With Representation, Wyndham sold its European vacation rental business to Platinum Equity for $1.3 billion, LyondellBasell bought A. Schulman for $2.25 billion, Hoffman-La Roche proposed buying Flatiron Health for $1.9 billion, and Charles River Laboratories acquired MPI Research for $800 million.

  • February 15, 2018

    Orthodontist Backs Off On Extension Challenge In Award Row

    An orthodontist who resides in France Thursday withdrew his opposition to an orthodontic supply manufacturer’s request for more time to answer a petition to confirm a multimillion-euro arbitration award, telling a Wisconsin federal court he reconsidered after discussions with opposing counsel.

  • February 15, 2018

    Real Estate Rumors: Union Investment, ADME, Braintree

    Union Investment is reportedly buying a New York retail condo leased to Lexus for $88 million, A.D.M.E. Real Estate is said to have sold a Miami Beach assisted-living facility for nearly $18 million and mobile payment software firm Braintree is reportedly in talks with landlord Vornado Realty Trust for 40,000 additional square feet in Chicago.

  • February 15, 2018

    Hospital Workers Win Less Back-Pay Than Sought At NLRB

    A National Labor Relations Board judge ordered a New Jersey hospital to pay a total of about $60,000 to a dozen workers who lost their jobs when it closed its obstetrics unit, paying the workers a fraction of the more than $300,000 the NLRB’s general counsel had sought over the hospital’s failure to negotiate the closure with a union.

  • February 15, 2018

    Dubious Timeline Saves Nursing Home Chain From OT Suit

    A Washington federal judge on Thursday dismissed a proposed collective action by former co-managers at national nursing home chain Holiday Retirement alleging the company illegally denied them overtime, saying the workers can’t sue because they hid their claims during a 2015 bankruptcy.

  • February 15, 2018

    HHS 'Subverted' Congress On Medicare Pay, Labs Say

    The American Clinical Laboratory Association told a D.C. federal court on Wednesday that the U.S. Department of Health and Human Services overstepped its authority when crafting the final rule establishing the criteria for collecting laboratory data as part of Medicare reimbursement programs.

  • February 15, 2018

    Pa. Justices Snub Patient's Appeal Over Brain Hemorrhage

    The Pennsylvania Supreme Court will not hear an appeal from a patient who claimed that a doctor’s failure to advise him to take blood-monitoring tests caused a brain hemorrhage.

  • February 15, 2018

    Davis Polk Advises Roche On $1.9B Flatiron Health Buy

    Davis Polk & Wardwell LLP is advising Hoffman-La Roche Ltd. in its proposed $1.9 billion acquisition of Flatiron Health Inc., a health care technology company focused on accelerating cancer research that’s being led in the deal by Wilson Sonsini Goodrich & Rosati PC, according to a statement Thursday.

  • February 15, 2018

    Agencies Better At Cybersecurity Than Vendors, Study Says

    Cybersecurity at contractors is lagging behind that of federal agencies, security ratings firm BitSight said in a report Thursday, a day after a U.S. Department of Homeland Security official revealed DHS had launched an initiative for agencies to study cybersecurity throughout their supply chains.

  • February 15, 2018

    W.Va. Opioid Suit Against McKesson Sent Back To State Court

    The state of West Virginia on Thursday won its bid to send back to state court a suit accusing pharmaceutical company McKesson Corp. of oversupplying the state with millions of doses of opioids, the latest decision in a string of cases over the opioid crisis.

  • February 15, 2018

    Jury Awards Ex-UCLA Doctor $13M In Gender, Age Bias Trial

    A Los Angeles jury on Thursday awarded $13 million to a former UCLA oncologist who claims she was forced to take a job elsewhere after complaining about disparate treatment because of her gender, though it found in favor of the school on an age discrimination claim.  

  • February 15, 2018

    VA Chief Admits Bad 'Optics' Of His Euro Trip

    Embattled U.S. Veterans Affairs Secretary David Shulkin admitted Thursday that “the optics” around his 2017 trip to Europe were “not good,” but he insisted the trip was legitimate and that he would not resign from his position.

  • February 15, 2018

    NJ Justices' Unemployment Ruling Invites Changes To Law

    A recent New Jersey Supreme Court decision denying unemployment benefits to a nurse who never informed her employer she was leaving due to medical reasons seemed to invite changes in the law, with the justices questioning why workers aren’t required in all cases to at least ask for accommodations before seeking out another job.

  • February 15, 2018

    Ex-Tribal Health Clinic CFO Gets 1 Year For Wire Fraud

    A Montana federal judge has given a former chief financial officer of a Chippewa Cree Tribe health clinic a prison sentence of a year and a day for using her position to bypass a loan program to give herself thousands of dollars in loans, the federal government announced Wednesday.

  • February 15, 2018

    Golub Capital Sinks $270M Into Radiology Co.’s Calif. Growth

    Golub Capital said Thursday it will provide a $270 million loan to support private equity-backed Radiology Partners' overall growth and recent expansion into California with the company’s acquisition of a 99-physician practice in the state.

  • February 15, 2018

    A Chat With Hogan Lovells HR Chief Allison Friend

    In this monthly series, legal recruiting experts Amanda Brady and Amy Mallow of Major Lindsey & Africa interview law firm management from Am Law 200 firms about how they are navigating an increasingly competitive business environment. The second conversation is with Allison Friend, chief human resources officer for Hogan Lovells LLP.

Expert Analysis

  • Agency Guidance Limits May Shift Health Care Enforcement

    Michael Lampert

    The U.S. associate attorney general recently issued a memo directing civil litigators in the U.S. Department of Justice to limit their use of governmental agency guidance documents in affirmative civil enforcement matters. Attorneys with Ropes & Gray LLP discuss issues that should be monitored over time in order to understand the memo's ultimate impact on civil health care enforcement matters.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Inside New HHS Plan For Health Care Worker Protections

    Steven Collis

    The U.S. Department of Health and Human Services recently announced the creation of a new Conscience and Religious Freedom Division, as well as a proposed regulation to help achieve enhanced protections for health care employees. The move may empower more health care workers to express objections to performing or being involved with certain procedures or services, says Steven Collis of Holland & Hart LLP.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • The Latest On TCPA Exemption For Health Care-Related Calls

    Alan Wingfield

    If an Ohio federal court's recent ruling in Lindenbaum v. CVS Health is followed by other courts, the long-term effect of the decision has the potential to classify many, if not almost all, health care-related calls subject to the Telephone Consumer Protection Act’s emergency exemption and, thus, outside of liability, say attorneys with Troutman Sanders LLP.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • Omnicare Settlement: Outlier Or Beginning Of Broader Trend?

    Alexander Batoff

    The U.S. Department of Justice’s Immigrant and Employee Rights Section recently finalized a settlement involving an asylum discrimination claim against Omnicare. The case is a good reminder that employers should carefully consider including appropriate defense and indemnification language in contracts with third parties, says Alexander Batoff of Obermayer Rebmann Maxwell & Hippel LLP.

  • What To Know About CMS' New Bundled Payment Model

    Deborah Gersh

    The Centers for Medicare & Medicaid Services recently announced a new voluntary bundled payment model with the goal of incentivizing financial accountability, care redesign, data analysis and feedback, provider engagement, and patient engagement. The move suggests the agency will remain a player in testing and facilitating value-based payment reform, say attorneys with Ropes & Gray LLP.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.

  • DOJ Limitation On Agency Guidance Levels Playing Field

    Ronald Tenpas

    A new memo from the U.S. Department of Justice prohibiting DOJ litigators from treating any agency guidance document as binding offers needed relief to regulated parties, giving them a greater opportunity to push back against enforcement theories that rely on “clear” guidance regarding an underlying ambiguous or silent statute, say Ronald Tenpas and Gregory Etzel of Morgan Lewis & Bockius LLP.