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Health

  • October 19, 2018

    Deals Rumor Mill: Swiss Re, CPPIB, Nestle

    Swiss Re discussed investing in Anbang Insurance Group Co., the Canada Pension Plan Investment Board is getting ready to bid for a stake in Gatwick Airport, and Nestle has tapped advisers related to a potential deal to sell its skincare business.

  • October 19, 2018

    Gov't Asks 9th Circ. To Revive New Birth Control Rules

    The Trump administration asked the Ninth Circuit on Friday to lift a nationwide ban on new rules that exempt employers with moral or religious objections from providing birth control coverage otherwise required by the Affordable Care Act, saying employers’ First Amendment rights should trounce procedural requirements for passing the new regulations.

  • October 19, 2018

    Dental Supplier Calls FTC Case Textbook 'Regulatory Hubris'

    A major U.S. dental supply company has accused the Federal Trade Commission of "severe hindsight bias" in the commission's suit alleging three suppliers conspired to spurn buying groups, asking an administrative law judge to toss the agency's action.

  • October 19, 2018

    NY Top Court Nixes 'Soft Cap' On Contractor Health Exec Pay

    A majority of New York state’s highest court has agreed that a portion of the state Department of Health's restriction on how much certain health care executives of providers contracting with the state can get paid went beyond the state’s authority.

  • October 19, 2018

    Fake Patient Names Take Center Stage At 3rd NECC Trial

    In the first week of a trial in Massachusetts federal court for six former employees of the New England Compounding Center, whose contaminated drugs sparked a deadly meningitis outbreak in 2012, the question of who bears responsibility for fake patient names used on prescription order forms has been a daily point of contention.

  • October 19, 2018

    Medical Device Maker Sued Over 'Dangerous' Walking Boot

    DJO Global Inc.'s medical walking boots cause additional injuries by effectively lengthening one leg, giving wearers an uneven gait and throwing their bodies out of alignment, according to a proposed class action filed in California federal court.

  • October 19, 2018

    USC Inks $215M Deal To End Sex Abuse Class Suit

    The University of Southern California announced Friday it reached a $215 million deal in principle to resolve a proposed class action accusing a former staff gynecologist of sexually abusing potentially thousands of women.

  • October 18, 2018

    EBSA Regulatory Agenda Tackles Fiduciary Rule, Birth Control

    Within the next year, the Employee Benefits Security Administration hopes to make association retirement plans a reality, clarify what comes after the fiduciary rule and allow employers to stop covering workers’ birth control by claiming a moral or religious objection to its use.

  • October 18, 2018

    Eisai Downplayed Drug's 'Homicidal' Side Effects, FDA Says

    An Eisai Inc. sales representative downplayed the potential for epilepsy drug Fycompa to make patients think about killing people and promoted the product for off-label uses, the U.S. Food and Drug Administration said in a disciplinary letter released Wednesday.

  • October 18, 2018

    Pharmacy's Damages Are Actually Reparable, Pa. Court Rules

    A Pittsburgh-area pharmacy services provider that lost two executives to a rival was rightly denied a preliminary injunction against its competitor because the “irreparable harm” it sought to stop could be quantified and covered by damages, a Pennsylvania Superior Court panel ruled Thursday.

  • October 18, 2018

    Ark. Supreme Court Scraps Tort Reform Ballot Measure

    An Arkansas ballot issue aiming to institute sweeping tort reforms in personal injury lawsuits, including caps on certain damages and attorneys’ fees, will not be presented to voters next month after the Arkansas Supreme Court ruled Thursday that the measure was unconstitutional.

  • October 18, 2018

    McMillan Steers IAnthus, MPX In $683M Cannabis Co. Merger

    MPX Bioceutical Corp. and iAnthus Capital Holdings Inc. said Thursday they have agreed to the terms of a merger that will see the cannabis firms combine in an all-stock transaction with an offered equity consideration to MPX shareholders valued at CA$835 million ($638.3 million), a deal guided by McMillan LLP.

  • October 18, 2018

    Horizon, Hospital Settle Claims In NJ Suit Over Tiered Plan

    Horizon Healthcare Services Inc. and CentraState Medical Center Inc. on Thursday announced that they have resolved CentraState's claims in a New Jersey state lawsuit alleging that the insurer's tiered health coverage plan left certain hospitals competitively disadvantaged, leaving only one hospital taking the company to trial next week.

  • October 18, 2018

    Jury Told Of Seized Drugs, Unsafe Workplace At NECC Trial

    A prosecutor wearing purple protective gloves in Massachusetts federal court on Thursday presented a series of apparently expired drugs seized from the New England Compounding Center in 2012 as the government tried to build its case that the facility's operations were sloppy and unsafe before a deadly meningitis outbreak that killed dozens of people.

  • October 18, 2018

    Hinshaw Targets Fla. Health Prowess With Wilson Elser Hire

    Hinshaw & Culbertson LLP has added a former Wilson Elser Moskowitz Edelman & Dicker LLP attorney as a health care partner in its Miami office, with the aim of helping its national practice group offer clients support in the state and expanding its work in a number of growth areas in the industry.

  • October 18, 2018

    Horizon Wants DLA Piper DQ'd In Hemophilia Treatment Row

    Horizon Healthcare Services Inc. has sought to disqualify DLA Piper LLP from representing a group of specialty pharmaceutical companies who sued Horizon for allegedly refusing to pay for health plan members' hemophilia treatments, arguing that the law firm was still representing Horizon when it decided to take the case.

  • October 18, 2018

    BCBS Shielded By Old Deals In Antitrust MDL, Judge Rules

    Blue Cross Blue Shield insurers facing long-running multidistrict litigation over an alleged conspiracy to divvy up the market are protected by prior settlement agreements that free them from the claims, even though they never signed the deals, an Alabama federal judge ruled Wednesday.

  • October 17, 2018

    United Healthcare Sued For 'Arbitrary' Therapy Payment Policy

    A proposed class of American workers who received psychotherapy through their employers’ health care plans sued United Healthcare Insurance Co. and United Behavioral Health in California federal court Tuesday, accusing them of flouting the Employee Retirement Income Security Act by imposing unfair reimbursement limits on psychotherapy services.

  • October 17, 2018

    A High Court Milestone Stirs Hope Of Gender Parity

    After an emotionally fraught confirmation process with sexual misconduct allegations front and center, a new justice joins the Supreme Court bench and brings four female clerks with him. The hires bring gender parity to the court's clerkship ranks for the first time, but will the shift be long-lasting?

  • October 17, 2018

    11th Circ. Says FCA Relator Barred From Forfeiture Case

    Criminal forfeiture law prevents False Claims Act whistleblowers from intervening in related forfeiture proceedings when the government chooses prosecution over intervening in a related FCA case, the Eleventh Circuit ruled Wednesday.

Expert Analysis

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Looking Past The Issue Of Price Transparency In Health Care

    Mark Waxman

    Many describe "price transparency" as the solution to what is wrong with health care, but the reality may well be that transparency is only a stepping stone to actual price controls. Recent events illustrate the range of avenues being pursued as legislators address the cost of health care, say Mark Waxman and Kristin Jenkins of Foley & Lardner LLP​​​​​​​.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • The DOJ's Current White Collar Priorities

    Melissa Jampol

    In a speech last week, Deputy Assistant Attorney General Matthew Miner acknowledged numerous changes over the past year in the U.S. Department of Justice's approach to corporate white collar enforcement, and clearly set forth current prosecutorial initiatives, say attorneys with Epstein Becker & Green PC.

  • Antitrust Considerations For Government Contractors

    Peter Levitas

    Companies that engage in government contracting, particularly in the defense industry, face sector-specific antitrust compliance challenges. They must navigate carefully to manage risk in merger review, teaming agreements and personnel issues, say Peter Levitas and Francesca Pisano of Arnold & Porter.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • Questions Remain After OIG Releases Fraud Risk Indicator

    Howard Young

    The U.S. Department of Health and Human Services Office of Inspector General recently announced a new initiative designed to increase transparency for health care organizations and their lawyers. However, it's unclear whether it will change the settlement dynamics when resolving False Claims Act allegations, say attorneys with Morgan Lewis & Bockius LLP and Bass Berry & Sims PLC.