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Health

  • June 15, 2018

    New NLRB Memos Touch On Solo Strikes, Facebook Posts

    The National Labor Relations Board's general counsel released a handful of advice memorandums Thursday, with one finding a Papa John's worker was illegally fired after her solo strike to support the "Fight for $15" campaign and another determining a nursing home worker was properly fired for not reporting suspected patient abuse after complaining about it on Facebook.

  • June 15, 2018

    Senate Funding Bill Staves Off Cuts To Indian Programs

    The Senate Appropriations Committee approved a $36 billion funding bill Thursday that largely increased spending over the levels proposed by the Trump administration for federal programs providing health care, education and other services to Native American tribes.

  • June 15, 2018

    Attys Reflect On Escobar's FCA Impact 2 Years Later

    It's been two years since the U.S. Supreme Court tossed a firecracker into the world of False Claims Act litigation with its decision in Universal Health Services v. Escobar, which explained how courts should gauge whether regulatory violations were "material" to government reimbursement. Here, attorneys tell Law360 how the decision has played out and what lies ahead.

  • June 15, 2018

    Taxation With Representation: Wachtell, Shearman, Simpson

    In this week’s Taxation with Representation, KKR bought Envision Healthcare for $9.9 billion, Gebr. Knauf KG bought rival USG Corp. for $7 billion, Blackstone bought Investa Office Fund for $2.3 billion and Royal Caribbean Cruises scooped up Silversea Cruises for $1 billion.

  • June 15, 2018

    Theranos Founder, Ex-COO Indicted For Fraud

    Theranos Inc. ousted founder Elizabeth Holmes as CEO as she and the company’s former chief operating officer were indicted Friday on charges they defrauded investors and doctors with blood testing technology the pair knew didn’t work.

  • June 15, 2018

    Real Estate Rumors: Walgreens, KKR, Trammell Crow

    Walgreens Boots Alliance is reportedly close to taking more than 200,000 square feet of Chicago office space, a KKR joint venture is said to have dropped $250 million on a Miami office tower and developer Trammell Crow has reportedly picked up a Florida retail center for $30.1 million.

  • June 15, 2018

    Aetna Hit With Class Suit Over Wilderness Therapy Coverage

    Aetna Life Insurance Co. has flouted the terms of two of its health plans by denying coverage for mental health and substance abuse treatment at wilderness programs and residential treatment centers, according to a proposed class action filed in Florida federal court Thursday.

  • June 15, 2018

    Health Hires: Honigman, Arnold & Porter, GrayRobinson

    Honigman Miller Schwartz and Cohn LLP has named a health care fraud pro to co-chair its white collar practice, Arnold & Porter has scored an attorney fresh out of the U.S. Food and Drug Administration, and another health expert has joined GrayRobinson PA.

  • June 15, 2018

    FCC Support Grows For Pai's $171M Telemedicine Boost

    A proposal to increase the limits on how much the Federal Communications Commission subsidizes rural telecom services for health care providers by $171 million a year is gaining traction with commissioners, in a move aimed at improving telemedicine in some of the country's most underserved areas, Chairman Ajit Pai said Thursday.

  • June 15, 2018

    Seminoles Seek Quick Win Against IHS Over Health Funding

    The Seminole Tribe of Florida has asked a D.C. federal court for a win in its suit alleging the Indian Health Service won't pay about $160,000 in overhead and administrative costs to fund the tribe's medical services as required.

  • June 14, 2018

    Anthem Breach Attys' $38M Fee Ask ‘Overreach,’ Judge Says

    U.S. District Judge Lucy Koh on Thursday put the screws to attorneys requesting $37.9 million in fees for work done on the Anthem Inc. data breach litigation, saying they “overreached” and asking why 26 law firms representing the named plaintiffs needed to subcontract work to another 27 firms.

  • June 14, 2018

    Insurers, Doctors, Hospitals Assail GOP's New ACA Challenge

    More than two dozen trade groups representing insurers, medical providers, hospitals and consumers on Thursday told a Texas federal judge the country’s entire health care sector would be thrown into chaos if the court strikes down the Affordable Care Act’s pre-existing condition protections.

  • June 14, 2018

    Nonprofits Hit Texas AG With Suit Over Abortion Restrictions

    A group of six nonprofit groups on Thursday launched a federal lawsuit against Texas Attorney General Ken Paxton and other state officials, challenging a series abortion restrictions in Texas that the advocacy groups argue “unduly burden abortion access.”

  • June 14, 2018

    AGs Tell 8th Circ. Title VII Doesn't Cover Sex Orientation

    A coalition of state attorneys general has told the Eighth Circuit that it should not join two other appellate courts in interpreting Title VII to bar sexual orientation discrimination, arguing that such an application was contrary to earlier legal and legislative understanding of the law. 

  • June 14, 2018

    ND Health Dept. Gives Thumbs Up To Oil Refinery Near Park

    The North Dakota Department of Health has given Meridian Energy Group Inc. a permit to build a proposed crude oil refinery in Billings County, not far from the Theodore Roosevelt National Park.

  • June 14, 2018

    Australian Device Co. Inks New Deal To Be Bought For $1.4B

    Australian medical device company Sirtex Medical on Thursday said it will scrap plans to be sold to Varian Medical Systems to instead pursue a roughly AU$1.87 billion ($1.4 billion) cash offer from China Grand Pharmaceutical and Healthcare Holdings and a Paul Hastings-advised affiliate of CDH Investments.

  • June 14, 2018

    Aggrenox Buyers Slam Insurers' Bid To Opt Health Plans Out

    Indirect buyers of the stroke prevention medicine Aggrenox on Wednesday slammed a request by six insurance companies to opt out hundreds of potential class members from a $54 million settlement agreement over an alleged pay-for-delay scheme, saying the companies have failed to show they are authorized to make such a request.

  • June 14, 2018

    Ex-Pitcher Strikes Out On 3rd Swing At MLB Defamation Suit

    A New York state judge has thrown out a former Cincinnati Reds draft pick's lawsuit accusing MLB of defamation and interfering with his baseball clinic, rejecting his third attempt to go after the league.

  • June 14, 2018

    Texas Creates MDL For Counties' Opioid Suits

    The Texas Judicial Panel on Multidistrict Litigation has agreed to consolidate 16 cases brought by Texas counties alleging opioid makers and distributors including Purdue Pharma LP and McKesson Corp. made false and misleading statements about the drugs.

  • June 14, 2018

    Faulty Sprinklers Let Pa. Nursing Home Burn Down, Suit Says

    A suburban Philadelphia senior living facility is facing what is at least the second lawsuit in state court over a massive fire that broke out in November that killed four residents.

Expert Analysis

  • Post-Dynamex Considerations For Calif. Health Care Cos.

    Gregg Fisch

    Now that the California Supreme Court's lengthy opinion in Dynamex Operations West v. Superior Court of Los Angeles County has been digested, there are two main employee classification questions for California health care companies, say Gregg Fisch and Aytan Dahukey of Sheppard Mullin Richter & Hampton LLP.

  • Health Tech Is The New Focus For Cybersecurity Policy

    Elliot Golding

    Over the last year, government reports, enforcement actions and new regulatory proposals have thrown health care technology into the limelight. While the Health Insurance Portability and Accountability Act is already one of the country's most robust privacy and security laws, the government is seeking to fill some significant gaps in regulation, says Elliot Golding of Squire Patton Boggs.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • FDA Notices Show Agency Is All In On Tobacco Regulation

    Paul Cicelski

    In March, the U.S. Food and Drug Administration issued three advanced notices of proposed rulemaking on tobacco, nicotine, flavors in tobacco products and premium cigars. Advertisers and manufacturers of tobacco products seeking to help the FDA craft better, more representative rules must provide comments to the agency by mid-June, says Paul Cicelski of Lerman Senter PLLC.

  • Highlights Of Proposed Medicare Payment And Policy Rules

    Kathleen Rubinstein

    The Centers for Medicare & Medicaid Services recently released a deluge of proposed Medicare payment updates and policy changes for hospitals and post-acute providers. Key themes emerging from the proposal include encouraging price transparency, promoting exchange of health care data and easing the regulatory burden on providers, say attorneys with Morgan Lewis & Bockius LLP.

  • A Look Inside Trump's 4-Point Plan For Curbing Drug Prices

    Tom Bulleit

    President Donald Trump recently outlined his administration’s plan for lowering prescription drug prices. Tom Bulleit and Kirsten Mayer of Ropes & Gray LLP break down the key proposals and assess the likely paths forward.

  • FCA Questions That High Court May Address Next Term

    Michael Waldman

    Although the U.S. Supreme Court has denied review on 12 False Claims Act-related petitions this term, at least six petitions raising FCA issues currently remain on the docket. And three of them appear to have already piqued the court’s interest, say Michael Waldman and Ralph Mayrell of Robbins Russell Englert Orseck Untereiner & Sauber LLP.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • Demanding Fairness In Evaluating Past Medical Damages

    Asir Fiola

    A recent ruling from a California court of appeals in Pebley v. Santa Clara Organics encourages plaintiffs in personal injury actions to continue the trend of seeking medical treatment that would normally be covered by their insurance from physicians who are outside their coverage plans. This will result in an unjust windfall for plaintiffs, says Asir Fiola of Selman Breitman LLP.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.