• December 6, 2017

    Morgan Lewis Says Ex-Client Suing For $30M Waived Conflicts

    Morgan Lewis & Bockius LLP argued in a filing docketed Tuesday that a former client suing the firm in Pennsylvania state court for $30 million over an alleged betrayal had twice waived any conflicts stemming from the firm’s representation of potential adversaries.

  • December 6, 2017

    Doctor, 3 Nurse Practitioners Charged With Running 'Pill Mill'

    Three nurse practitioners and a doctor were arrested Tuesday following an Alabama federal grand jury indictment accusing them of operating a “pill mill” out of a doctor’s office, prescribing medically unnecessary opioids, the U.S. Department of Justice announced.

  • December 6, 2017

    Sullivan & Cromwell Advises Optum's $4.9B Clinic Co. Buy

    UnitedHealth Group Inc. health services subsidiary Optum Inc. has agreed to pay $4.9 billion to acquire independent medical clinic operator DaVita Medical Group, Optum announced Wednesday, in a purchase advised by Sullivan & Cromwell LLP.

  • December 5, 2017

    GAO Urges VA To Improve Medical Supply Purchase Program

    A program the U.S. Department of Veterans Affairs implemented to streamline its medical supply purchases lacked sufficient planning and oversight, meaning it hasn’t yet met its cost savings and efficiency goals and needs improvement, a government watchdog said Monday. Correction: A previous version of this article indicated the report was issued by the VA Office of Inspector General. The error has been corrected.

  • December 5, 2017

    6th Circ. Affirms Toss Of Doctor's Patient Data Suit

    The Sixth Circuit on Monday affirmed a lower court's decision to toss a doctor’s suit against the Michigan Board of Medicine and the state’s Department of Licensing and Regulatory Affairs on the basis that the agencies had sovereign immunity under the U.S. Constitution.

  • December 5, 2017

    Sen. Presses VA On Alleged Whistleblower Retaliation

    Sen. Claire McCaskill, D-Mo., asked the U.S. Department of Veterans Affairs on Monday to explain its ongoing efforts to protect whistleblowers at the agency, saying she was “troubled” by reports alleging that retaliation against VA employees is on the upswing.

  • December 5, 2017

    Chubb Unit Tells 2nd Circ. $4.8M Wire Fraud Not Covered

    A Chubb Group unit on Monday asked the Second Circuit to find that it does not owe Medidata Solutions Inc. coverage for a $4.8 million loss it suffered when it was tricked into wiring money overseas, saying the fraudster’s use of email does not render it computer fraud.

  • December 5, 2017

    Ex-Shire Employees Seek To Duck Trade Secrets Complaint

    Ultragenyx Pharmaceutical Inc. and three of its recent hires pushed a Massachusetts federal court Monday to toss or send elsewhere a lawsuit in which competitor Shire Pharmaceuticals LLC accuses them of breaching employment agreements and stealing confidential customer information.

  • December 5, 2017

    House OKs Tougher Sentences For Female Genital Mutilation

    The House of Representatives voted to approve a bill Tuesday afternoon to increase punishments for medical professionals and others who perform female genital mutilation procedures on their patients.

  • December 5, 2017

    Clinic Owner Gets 20 Months For $3.6M BCBS Fraud

    An owner of a group of clinics in the Chicago suburbs was sentenced to 20 months in prison Tuesday in Illinois federal court after admitting he defrauded Blue Cross Blue Shield by sending approximately $3.6 million in bills for unnecessary patient care or services that were never provided.

  • December 5, 2017

    Investor Sues HIG, Bain Capital Over $760M Facility Deal

    A Surgery Partners Inc. shareholder on Monday told the Delaware Chancery Court that Bain Capital Private Equity was allowed to work both sides of a deal and get favorable terms to finance the $760 million acquisition of a surgery facility owner this year.

  • December 5, 2017

    Valeant Prices Upsized $1.5B Bond To Refinance Debt

    Valeant Pharmaceuticals Inc. on Monday priced an upsized $1.5 billion private bond offering that will refinance previously issued debt, marking the Canadian drug giant’s third major bond sale this year as it revamps its balance sheet and seeks to regain investor confidence.

  • December 5, 2017

    Fugitive $550M Social Security Fraudster Returned To US

    Honduran officials announced Tuesday that they have extradited Eric C. Conn, a fugitive Kentucky lawyer who fled the U.S. after pleading guilty to his role in a $550 million Social Security fraud scheme and was recently captured following six months on the run.

  • December 5, 2017

    GOP Tax Bill Likely To Ax ACA Mandate, Rep. Brady Says

    Top House Republican tax writer Kevin Brady, of Texas, said Tuesday the finalized version of the GOP tax bill making its way through Congress will more than likely get rid of the Affordable Care Act’s individual mandate.

  • December 4, 2017

    CVS, Aetna Seek Health Care Industry Shakeup With Megadeal

    CVS Health’s acquisition of Aetna sets the health care industry on a potentially transformative path and highlights the urgency with which companies are attempting to grow in order to combat competitors, and while the transaction doesn’t set off the traditional antitrust alarm bells, there are still reasons regulators might be wary.

  • December 4, 2017

    Medical Group's Rehiring Ban Is Illegal, 9th Circ. Told

    A California doctor urged the Ninth Circuit to overturn a lower court’s ruling enforcing his settlement with California Emergency Physicians Medical Group, which prohibits him from working with the health care chain, arguing Monday that the deal violates state law by imposing substantial restrictions on where he can work.

  • December 4, 2017

    Deals Rumor Mill: Techem, Alloheim, 21st Century Fox

    Canadian pension funds and private equity firms will be making a formal bid for German metering business Techem, Nordic Capital is set to shell out roughly €1.1 billion to acquire a German nursing home operator, and 21st Century Fox Inc. is favoring The Walt Disney Co. over other suitors for the sale of certain assets.

  • December 4, 2017

    High Court Won't Hear Ex-Kan. AG's Suspension Appeal

    The U.S. Supreme Court on Monday refused to take up former Kansas Attorney General Phill Kline's challenge to the indefinite suspension of his law license for misconduct in probing abortion providers, marking the second time the high court has declined to weigh in on the issue.

  • December 4, 2017

    Montana AG Hits Purdue With Opioid Suit

    Montana’s attorney general on Monday announced that the state is suing Purdue Pharma over its allegedly deceptive marketing of opioids, including OxyContin, saying more than 700 people in the state have died of opioid overdoses in the last 17 years.

  • December 4, 2017

    Blasingame Burch Freed From Ex-Client's Pelvic Mesh Suit

    A West Virginia federal judge on Monday tossed a suit against Blasingame Burch Garrard & Ashley PC by a pelvic mesh class member who said she was pushed into a settlement and the money became property of her bankruptcy estate, saying a different court already settled the question of whose property it was.

Expert Analysis

  • Applying Privacy Laws To Health Info About Opioid Use

    Patricia Markus

    The U.S. Department of Health and Human Services recently released guidance explaining when health care providers may share protected health information with family or friends of a patient in crisis, such as following an opioid overdose. However, some may find the guidance less than clear, says Patricia Markus of Nelson Mullins Riley & Scarborough LLP.

  • Opioid Epidemic Brings Ramifications For Physicians

    Joseph Gorrell

    The opioid epidemic is putting a white-hot spotlight on physicians for the foreseeable future. Careful adherence to regulations in their roles as both practitioner and employer can help physicians avoid unwanted scrutiny and penalties that could, at their harshest, threaten their livelihoods, say Joseph Gorrell and Matthew Collins of Brach Eichler LLC.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Post-Escobar Guardrails And Policy-Setting Relators

    Rebecca Martin

    The Fifth Circuit's decision in U.S. v. Trinity is the most recent addition to a remarkable run of appellate decisions affirming dismissal of False Claims Act cases on materiality grounds. Trinity, however, stands apart from the crowd in a number of ways, says Rebecca Martin of McDermott Will and Emery LLP.

  • How Tax Reform Could Impact The Health Care Industry

    Peter Furci

    The U.S. House and Senate have now both detailed their tax reform plans, and both plans could have significant effects on the health care industry. Lower corporate tax rates could benefit companies in the health sector, but changes to the orphan drug tax credit and medical expense deduction would be damaging, say attorneys at Debevoise & Plimpton LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • 3 Recent Bid Protest Decisions You Should Know About

    Thomas McLish

    Three October bid protest decisions from the U.S. Court of Federal Claims and the Government Accountability Office — in Sonoran, IPKeys and CliniComp — may affect how government contractors approach the proposal and protest process, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.