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Health

  • June 19, 2018

    Doctor Can't Shake Convictions In Motorcycle Gang Drug Ring

    The Third Circuit on Tuesday refused to overturn a former Philadelphia doctor's convictions on charges of causing a patient's death and taking part in a drug trafficking conspiracy with members of a motorcycle gang in which he wrote bogus prescriptions in exchange for cash and sexual favors.

  • June 19, 2018

    Dental Startup Beats Big Distributors' False Ad Claims

    A startup dental supply company exaggerated its ability to offer lower prices than two larger distributor rivals, but they didn’t show that consumers would have cared, a New York federal judge ruled Monday in axing the rivals’ claims.

  • June 19, 2018

    FDA Warning Wire: Cancer Treatment Co. Slammed Again

    The U.S. Food and Drug Administration again upbraided a cancer treatment center for the third time in two years, looked askance at a French drugmaker's testing practices and warned an online seller of a drink purported to treat opioid withdrawal symptoms.

  • June 19, 2018

    DOJ To Participate In Opioid MDL Settlement Talks

    The Ohio federal judge overseeing multidistrict litigation over allegedly reckless opioid sales said Tuesday the federal government can participate in settlement discussions.

  • June 19, 2018

    Opioid Research Rules Tweaked In Bills Passed By House

    The U.S. House of Representatives on Tuesday passed a series of bills changing federal policy on research and approvals for opioids, as part of a broader package of measures aimed at addressing the nation's addiction crisis.

  • June 19, 2018

    Texas Doc Accused Of $240M Fraud Says Charges Too Old

    A doctor accused of running a $240 million health care fraud has urged a Texas federal court to throw out charges that he prescribed unnecessary treatments, saying that many of the charges are too old and that the U.S. government deliberately delayed action to prejudice the jury against him.

  • June 19, 2018

    Cherokee Nation Sues Purdue Pharma Over Opioids In Okla.

    The Cherokee Nation on Tuesday headed to Oklahoma state court with a bid to hold Purdue Pharma accountable for its alleged role in an explosion of opioid abuse among tribe members, saying that hundreds of its citizens have died from opioid-related causes.

  • June 19, 2018

    Meet The Judge Who Will Decide The ACA's Fate

    The Texas federal judge presiding over the latest legal assault on the Affordable Care Act has a BigLaw background, Capitol Hill connections, deep roots in the Lone Star State and a judicial track record that could send ACA supporters reaching for bottles of Xanax.

  • June 19, 2018

    Patients Want New Reps In Hospital Price Hike Row

    Hospital patients in an antitrust suit alleging NorthShore University Health System harmed the market for acute-care inpatient services asked an Illinois federal judge to add new proposed class representatives to their case on Monday, saying the substitute plaintiffs better fit the suit’s claims in the wake of the first class being decertified. 

  • June 19, 2018

    9th Circ. Backs Arbitration In Ex-CVS Worker's Bias Suit

    The Ninth Circuit ruled that a former CVS Pharmacy Inc. pharmacist must arbitrate his claims that the company didn't give him an appropriate seating accommodation and illegally fired him because he was close to qualifying for certain retirement benefits.

  • June 19, 2018

    Pa. Justices OK Suit Over Worker's Past Drug Theft

    Pennsylvania's highest court on Tuesday cleared the way for patients of a Kansas hospital to pursue negligence claims against the University of Pittsburgh Medical Center after they allegedly contracted hepatitis from an employee in the Sunflower State who UPMC had caught stealing fentanyl syringes years before but whose conduct went unreported to federal authorities.

  • June 19, 2018

    3rd Circ. Backs Pa. School District Trans Bathroom Policy

    The Third Circuit has ruled in a precedential decision not to block a Pennsylvania school district's policy allowing transgender high school students to use restrooms and locker rooms that match their gender identity rather than their biological sex, a move experts say matches reasoning from similar cases in other courts.

  • June 19, 2018

    How To Avoid ERISA Suits Over Wilderness Therapy

    Employers and insurers that want to avoid getting caught up in the recent wave of Employee Retirement Income Security Act class actions over wilderness therapy — a niche but increasingly popular method of rehabilitating troubled teenagers — should consider either covering it or ensuring their health plans have defensible treatment limitations that comply with federal mental health parity law, attorneys say.

  • June 19, 2018

    A Chat With Holland & Knight CFO Mia Stutzman

    In this monthly series, legal recruiters at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Mia Stutzman, chief financial officer at Holland & Knight LLP.

  • June 19, 2018

    Veritas Affiliate Forms Health Care IT Co. With $4.9B Deal

    A portfolio company of New York-based private equity firm Veritas Capital has agreed to acquire a provider of payment accuracy and analytics-driven solutions for the health care industry for an enterprise value of approximately $4.9 billion including debt, the company said on Tuesday.

  • June 19, 2018

    DOL Blesses ACA-Skirting Association Health Plans

    The U.S. Department of Labor published its long-anticipated final rule on association health plans on Tuesday, relaxing the requirements for small businesses to band together to create health care plans that skirt certain Affordable Care Act requirements, in a move that drew sharp criticism from Democrats and cheers from Republicans.

  • June 18, 2018

    Mass. Jury Awards HIV Victim $18.4M In Malpractice Suit

    A Massachusetts federal jury on Monday awarded a New York man $18.4 million in a medical malpractice suit against three doctors over claims they failed to properly diagnose HIV, which left the man with severe health health problems and expenses.

  • June 18, 2018

    Hansen Medical Must Face Shareholder Suit Over Merger

    A suit alleging that controlling investors of Hansen Medical Inc. pushed through a squeeze-out merger and secured benefits for themselves at the expense of a putative class of minority holders survived a motion to dismiss Monday in Delaware Chancery Court.

  • June 18, 2018

    GCs Tackle Law Firm Culture In Diversity Push

    Following an American Bar Association pledge, in-house attorneys are taking a harder line in demanding diversity from their outside counsel, and they're seeking to play a larger role in the workings of the law firms they hire.

  • June 18, 2018

    The Hurdles Facing BigLaw’s Minority Women

    We asked BigLaw for data on female minority lawyers for the first time this year, and the results show an industry that is failing to attract and retain them. Here’s a look at the challenges facing these attorneys — and how a few firms are defying the norm.

Expert Analysis

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

  • Limited Comfort For Corporate Defendants Post-LabMD Ruling

    Stuart Gerson

    On the face of it, the Eleventh Circuit’s recent opinion in Federal Trade Commission v. LabMD might appear to be a major defeat for the agency and a significant victory for the company. But there is a problem: The panel undertook a cursory and questionable analysis of the scope of the FTC’s jurisdiction and ignored what should be a more fundamental question, says Stuart Gerson of Epstein Becker Green.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • 7 Common Mistakes In Company Witness Prep

    Matthew Keenan

    Too often as attorneys, we focus on the facts of the case and assume the witnesses will be ready for the scrutiny of our adversaries. Based on my 30 years defending companies in national product liability cases, here are seven mistakes often made in witness preparation, says Matthew Keenan of Shook Hardy & Bacon LLP.

  • Moving Toward A Standard Of Care For Medical Marijuana

    Ian Stewart

    The Medical Board of California's recently updated guidelines for physicians on recommending medical cannabis serve as part of the foundation for an emerging standard of care for medical cannabis. As medical cannabis becomes more widespread, this standard is needed to ensure consistency of care and patient safety, say attorneys at Wilson Elser Moskowitz Edelman & Dicker LLP.

  • A Better Method For Achieving Broader Class Action Reform

    Kahn Scolnick

    In recent months, the U.S. Department of Justice and many state attorneys general have addressed class action reform by objecting to proposed class action settlements. While we are sympathetic to concerns about class litigation abuse, what's needed is careful oversight at the earliest stages of litigation, say Kahn Scolnick and Bradley Hamburger of Gibson Dunn & Crutcher LLP.

  • Why The 'Onionhead' Verdict May Make Employers Cry

    Barbara Hoey

    In U.S. Equal Employment Opportunity Commission v. United Health Programs of America, a Brooklyn federal jury recently found that the company's use of a practice called “Onionhead” amounted to religious discrimination. Details from the case show employers how the EEOC and courts may treat religious discrimination claims going forward, say Barbara Hoey and Alyssa Smilowitz of Kelley Drye & Warren LLP.

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • A Closer Look At New Federal 'Right To Try' Law

    Phoebe Mounts

    Recently signed into law by the president, the federal Right to Try Act creates a framework for patients to access investigational new drug products. But it comes in the wake of a majority of states passing their own "right to try" laws, creating the potential for a conflict between state laws, the U.S. Food and Drug Administration’s expanded access regulations and federal statutes, say attorneys with Morgan Lewis & Bockius LLP.