• March 16, 2018

    Aegerion Placed Under Supervision In Misbranding Settlement

    A federal judge on Friday appointed a special master to keep a watchful eye on Aegerion Pharmaceuticals Inc. as it faces court-ordered audits and the payment of $36 million to patients who were unnecessarily prescribed its expensive cholesterol drug and to government health programs that footed the bill.

  • March 16, 2018

    Ill. Judge Says He'll Stay Out Of Okla. Arbitration Dispute

    A Chicago federal judge on Friday tossed a bid from Illinois-based PCH Lab Services LLC to force arbitration in an Oklahoma hospital's case accusing the company of financial scheming, saying the Oklahoma state court that has been hearing this dispute for months is "perfectly capable" of resolving the issue.

  • March 16, 2018

    Asbestos Firm Must Face Insurers' Coverage Payback Suit

    A Texas federal court on Friday refused to toss a suit from three health insurers that claims a law firm failed to pay the companies money out of its clients’ asbestos settlement funds, asking the parties for additional information but saying the suit could remain for now.

  • March 16, 2018

    Failed ACA Insurer's Suit Tossed Over Jurisdiction

    A South Carolina federal judge on Friday dismissed a suit challenging a federal loan repayment demand to a failed Affordable Care Act insurance co-op, saying the Federal Court of Claims has jurisdiction.

  • March 16, 2018

    Horizon Never Promised Providers Tier 1 Status, Judge Says

    A New Jersey judge on Thursday trimmed claims by three providers alleging Horizon Healthcare Services Inc.’s tiered health coverage plan gives hospitals with more resources a competitive edge, ruling that the insurer never promised the providers they’d be included in the preferred coverage tier, but let another claim continue.

  • March 16, 2018

    Cigna Reaches Deal To End Behavioral Health Benefits Suit

    Cigna Health and Life Insurance Co. has agreed to settle a suit alleging it violated the terms of a San Diego-based energy company’s employee welfare benefit plan by denying behavioral health benefits for an individual with mental health issues.

  • March 16, 2018

    A Chat With Littler Info Chief Durgesh Sharma

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, CIO at Littler Mendelson PC.

  • March 15, 2018

    3 Fla. Home Health Co. Owners Charged With Medicare Fraud

    The U.S. Department of Justice on Wednesday announced the arrests of three Miami-area owners of a now-defunct home health agency on charges of orchestrating a scheme that defrauded Medicare through their business.

  • March 15, 2018

    Bankrupt Laser Co. Hid Assets To Duck Court Judgments: Suit

    Medical device maker AngioDynamics Inc. hit longtime nemesis and German laser maker Biolitec AG and its executives with a RICO suit Thursday in Massachusetts federal court, alleging the company blatantly exploited legal loopholes for years to avoid paying $145 million in damages and contempt fines.

  • March 15, 2018

    Dem Bill Takes On Tribal Opioid Crisis With New Program

    Senate Democrats on Wednesday took steps to address the crushing effects of the opioid crisis in Native American communities, unveiling a bill that would create a special program to provide support and resources to those struggling with the epidemic and various mental health issues.

  • March 15, 2018

    Cigna, Express Scripts To Face Tough Antitrust Review

    Cigna's $67 billion purchase of Express Scripts is set to face rigorous antitrust scrutiny amid a wave of deals integrating insurers and pharmacy benefits managers — especially given the government's recent hard-line stance on another high-profile vertical merger.

  • March 15, 2018

    Treatment Program Owner Gets 11 Years For $175M Scheme

    A California state judge on Wednesday sentenced the co-owner of a Los Angeles drug and alcohol treatment facility to 11 years in prison in relation to a $175 million billing scheme involving insurance fraud, identity theft and money laundering.

  • March 15, 2018

    Capgemini Workers Nab Class Cert. In Health Benefits Row

    An Illinois federal judge certified a class of current and former Indian national employees of Capgemini North America Inc. for most of their claims Wednesday in a lawsuit alleging the consulting firm cheated the workers out of health insurance benefits.

  • March 15, 2018

    Drugmakers Get Blowback As 340B Changes Gain Steam

    Republican-led efforts to increase hospital transparency in the 340B drug discount program encountered turbulence on Capitol Hill on Thursday as Democrats spotlighted secrecy surrounding drugmaker pricing practices.

  • March 14, 2018

    VC Firm Flagship Commits $50M To Gene Control Researcher

    The life sciences-focused venture capital firm Flagship Pioneering has committed $50 million to a Massachusetts-based pharmaceutical research and development company that specializes in treating cancer and rare diseases, Flagship said Wednesday.

  • March 14, 2018

    False Claims Act An Unlikely Tool In Opioid Crackdown

    The U.S. Department of Justice recently signaled it will aggressively use the False Claims Act as one of several tools to clamp down on the ongoing opioid epidemic, but it remains to be seen how far it can go using a civil fraud law to help address a broad public health issue.

  • March 14, 2018

    Time To Outlaw Sexual Orientation Bias, 8th Circ. Hears

    The Eighth Circuit was pressed hard on Wednesday by nearly 50 businesses and a slew of civil rights advocacy groups to become the third appellate court in the nation to adopt a standard that Title VII bars sexual orientation discrimination.

  • March 14, 2018

    NJ Nursing Home Must Reinstate Workers, Recognize Union

    The Third Circuit on Wednesday backed two National Labor Relations Board orders forcing a New Jersey nursing home to engage in collective bargaining with its newly unionized employees and rehire a group of nurses fired in retaliation for union activities.

  • March 14, 2018

    Houston Man Sues Hospital Over English-Only Instructions

    A Houston area man sued Memorial Hermann Health System in Texas state court Tuesday, alleging the English-only care instructions the hospital gave his non-English-fluent son when the man was discharged after treatment for a heart infection amounted to medical malpractice.

  • March 14, 2018

    Tribes Need Gov't Funding To Fight Opioids, Senate Panel Told

    Native American tribal officials and federal agency representatives painted a bleak picture of the impact of opioids on Indian Country for the Senate Committee on Indian Affairs on Wednesday, with the tribal officials calling for increased and more direct federal funding to tribes to combat the opioid epidemic.

Expert Analysis

  • Make An Informed Choice About Arbitration


    In an age of data-driven decision-making, too many companies are making important choices about dispute resolution based on anecdotes and isolated experiences. I’d like to explain why a number of objections to arbitration are ill-founded, says Foley Hoag LLP partner John Shope.

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • Using The Purchase Funnel To Analyze Consumer Behavior

    Nikita Piankov

    In many lawsuits, questions of impact and damages turn on whether the defendant’s conduct caused consumers to buy more or fewer of a product than they would otherwise. A better understanding of the consumer decision process can be derived using what economists call the "purchase funnel," say Nikita Piankov of Analysis Group and Catherine Tucker of the MIT Sloan School of Management.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • Navigating The Complexities Of A Digital Health Transaction

    Kristopher Brown

    Digital health is now at the forefront of deal activity, which is creating opportunities and challenges in equal measure. Practitioners may now be required to address in a single transaction complex issues that previously would have arisen only in separate life sciences, technology or health care deals, say Kristopher Brown and Tony Chan of Dechert LLP.

  • 7 Tips For Creating Effective Employee Wellness Programs

    Kofi Semenya

    Despite the stated benefits for both employers and employees, some employers still struggle to implement successful wellness programs or have a significant percentage of their workforce refuse to sign up. Kofi Semenya of Isaac Wiles Burkholder & Teetor LLC shares suggestions for employers who want to establish a wellness program and maximize participation.

  • Anticipating This Year's HIPAA Enforcement Trends

    David Saunders

    The U.S. Department of Health and Human Services and the president’s budget give a clear directional sense for what Health Insurance Portability and Accountability Act enforcement could consist of in 2018 and the foreseeable future. And the name of that game appears to be “less is more,” says David Saunders of Jenner & Block LLP.

  • Nontraditional Health Care Programs Under The Microscope

    Paul Cirel

    Sponsored health care programs have expanded the scope of available services to include "providers" who do not offer direct medical care, but who facilitate or coordinate the provision of services by physicians and other more traditional caregivers. Difficulties in determining how to monitor these newer provider types may have kept them off the government's fraud and abuse radar for a while, but not anymore, says Paul Cirel of Todd & Weld LLP.

  • Litigation Over The Flu Shot: A New Symptom Of Flu Season

    Howard Miller

    Recent legal challenges beg the question: Can an employer lawfully require its employees to be vaccinated against the flu? Although this is a relatively straightforward question, the answer is far from simple and implicates federal, state and even local law, say Howard Miller and Jessica Moller of Bond Schoeneck & King PLLC​​​​​​​.

  • Series

    What I Learned In My 1st Year: Working For Uncle Wally

    Paul Hamburger

    My uncle asked me to research some point of law. I left his office to collect my thoughts, then went back in and asked him a question or two. He looked up and gave me his six-word answer: “Do I look like a library?” He taught me that there are no shortcuts to doing your job, says Paul Hamburger of Proskauer Rose LLP.