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Health

  • August 10, 2018

    Taxation With Representation: Kirkland, Cleary, Weil

    In this week’s Taxation With Representation, Amcor and Bemis merged in a $5.24 billion deal, Orix bought a $2.2 billion stake in Avolon Holdings, and KPS Capital Partners sold International Equipment Solutions to Stanley Black & Decker for $690 million.

  • August 10, 2018

    Rising Star: Sidley Austin's Meena Datta

    Sidley Austin LLP partner Meena Datta has worked on standout matters in the health care field, such as reeling in Fortive’s $2.7 billion purchase of Johnson & Johnson’s medical sterilization unit, and has become an industry authority in guiding crucial regulatory compliance efforts for clients, earning her a spot among five health care law practitioners honored by Law360 as Rising Stars.

  • August 9, 2018

    2nd Circ. Strict On FCA First-To-File Bar In Allergan Case

    A Second Circuit panel ruled Thursday that a False Claims Act relator cannot avoid the FCA's first-to-file bar by filing an amended complaint after a similar earlier suit had been dismissed, in a case accusing drugmaker Allergan Inc. of providing kickbacks to doctors who prescribed its cataract treatments.

  • August 9, 2018

    UnitedHealthcare Beneficiaries Seek Cert. In Coverage Suit

    A proposed class of beneficiaries accusing UnitedHealth Group Inc. and two subsidiaries of having a policy that improperly denied claims for prosthetic devices in violation of federal benefits law asked a California federal judge to certify a class of nearly 1,900 members, arguing that they fulfilled the statutory requirements.

  • August 9, 2018

    Rebate Climate, Amazon Doom Cigna's Rx Deal, Icahn Says

    Activist investor Carl Icahn on Thursday lobbed his latest attack against Cigna’s proposed $67 billion bid for Express Scripts, warning that burgeoning competitor Amazon and growing calls to end revenue-driving rebates could doom the “ridiculous” and “ill-conceived” deal.

  • August 9, 2018

    Doc Says Imitator Busted For Pill Mill Wrecked His Career

    Dr. Jay Joshi, an Illinois physician specializing in pain treatment, sued another doctor by the same name who was indicted for running a “pill mill” Thursday, claiming the criminal case and a mix-up about which doctor was charged has destroyed his career.

  • August 9, 2018

    OptimisCorp Board To Pay $54K In Sanctions In Chancery Suit

    Directors and executives of health care industry software firm OptimisCorp must immediately pay $54,000 in sanctions previously imposed by a Delaware chancery court judge after she denied the defendants' motion to stay the sanction award on Thursday.

  • August 9, 2018

    Tennis Federation Wants Doping Test Suit Tried In England

    The International Tennis Federation and a doping control firm asked a Florida federal court to dismiss a suit by a professional tennis player over alleged harm from drug tests, saying she is required to bring her claims in an English court.

  • August 9, 2018

    Rite Aid, Albertsons Call Off Merger Amid Investor Concern

    Rite Aid and Albertsons agreed to part ways and call off their proposed tie-up, citing mounting concern by Rite Aid investors that the offer by the private equity-backed grocery chain undervalued their shares.

  • August 9, 2018

    Rising Star: Holland & Knight's Jenna C. Bigornia

    Holland & Knight LLP partner Jenna C. Bigornia has spent her career advising clients on health care compliance issues, including helping close Express Scripts Holding Co.’s recent $3.6 billion purchase of eviCore, earning her a spot as one of five health care attorneys under age 40 honored by Law360 as Rising Stars.

  • August 8, 2018

    11th Circ. Won’t Overturn 20-Year Medicare Fraud Sentence

    The Eleventh Circuit refused to let a former home health executive dodge his conviction and a subsequent 20-year prison sentence related to his role in a $57 million Medicare fraud scheme, but freed him from $36 million in restitution.

  • August 8, 2018

    Lift Block On Trump Birth Control Rules, Gov't Tells 9th Circ.

    The U.S. government has urged the Ninth Circuit to scrap a nationwide block on Trump administration rules that exempt employers with moral or religious objections from providing birth control coverage under the Affordable Care Act, pointing to the court's recent ruling in a dispute over so-called sanctuary cities. 

  • August 8, 2018

    Calif. AG Files FOIA Request Over Family Separations

    California Attorney General Xavier Becerra filed a Freedom of Information Act request with several federal agencies Wednesday, seeking more information on the Trump administration's policy of separating children from their families at the border.

  • August 8, 2018

    Mendocino County Pot Tax Upheld By Calif. Appeals Court

    The California Court of Appeal Wednesday upheld the validity of a voter-approved 2016 ballot measure taxing cannabis in Mendocino County, agreeing with a trial court’s conclusion that the measure did not impose a special tax requiring a supermajority vote.

  • August 8, 2018

    Deals Rumor Mill: Tronc, UnitedHealth, Ping An

    Tronc is reportedly considering selling the Chicago Tribune to a private equity firm, UnitedHealth inked a tentative deal to buy Genoa Healthcare from Advent International, and Ping An is mulling a deal to buy the Asia division of Prudential PLC.

  • August 8, 2018

    Tobacco-Funded Group Sues Over Mont. Tax Ballot Measure

    A tobacco industry-funded political committee has asked the Montana Supreme Court to amend the wording of a ballot initiative that would raise tobacco taxes to pay for a Medicaid expansion and other programs, saying the current language would mislead voters.

  • August 8, 2018

    Rising Star: Butler Rubin's Ursula Taylor

    Butler Rubin Saltarelli & Boyd LLP partner Ursula Taylor has led her firm's push into the health care field, guiding major insurers like the Blue Cross and Blue Shield Association and Premera Blue Cross in high-stakes litigation over industry hot topics like the Affordable Care Act, making her one of five attorneys under age 40 honored as Law360's health care Rising Stars.

  • August 7, 2018

    JP Morgan Can't Duck FINRA Arbitration, 3rd Circ. Says

    A Third Circuit panel ruled Tuesday that J.P. Morgan Securities must arbitrate a Pennsylvania health system’s claims over several pre-2008 auction rate securities offerings, finding the system hadn’t waived its right to arbitration before the Financial Industry Regulatory Authority by signing on to agreements with clauses pegging New York’s Southern District as the forum for any disputes.

  • August 7, 2018

    AIDS Foundation Can Pay Employees For Referrals: 11th Circ.

    The Eleventh Circuit agreed Tuesday with a lower court’s decision to side with the AIDS Healthcare Foundation Inc. in a suit accusing it of paying employees kickbacks for referring patients to services at the nonprofit’s facilities, writing that the organization is authorized to pay its employees for referrals.

  • August 7, 2018

    Former Aegerion Sales Rep Indicted In Juxtapid Push

    A former drug salesman for Aegerion Pharmaceuticals Inc. was indicted Tuesday on fraud charges for allegedly falsifying health records to prompt health insurance providers to contribute to the steep cost of the company's specialized cholesterol treatment, Juxtapid.

Expert Analysis

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Tax Implications For The California Cannabis Industry

    Shail Shah

    This article by attorneys at Reed Smith LLP outlines tax implications for the cannabis industry in California, the largest state to legalize medical and recreational adult-use cannabis, and other states where marijuana is legally sold.

  • Inside Kavanaugh's Merger Challenge Dissents

    Timothy Gray

    In the D.C. Circuit's Anthem and Whole Foods cases, U.S. Supreme Court nominee Judge Brett Kavanaugh disagreed with his colleagues’ decisions to block the contemplated mergers, suggesting an antitrust jurisprudence leery of excessive enforcement activity, say Timothy Gray and Melissa Ginsberg of Patterson Belknap Webb & Tyler LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Digital Health Opportunities And Considerations For PE

    Excerpt from Lexis Practice Advisor
    Melesa Freerks

    As private equity investors continue to explore the new opportunities offered by digital health, certain industry characteristics have emerged, signaling the time is right for investment. But health technology has its own unique risks and is subject to significant regulations, making due diligence critical for potential investments, say attorneys with Foley & Lardner LLP.

  • Abortion, Free Speech And Justice Kennedy’s Last Word

    Amy Myrick

    The U.S. Supreme Court's recent NIFLA v. Becerra decision turned on whether “crisis pregnancy centers” that steer pregnant women away from abortion can be required to provide certain information. The majority ruled in defense of the free speech rights of anti-abortion speakers, but the case makes it less tenable for the court to treat abortion providers differently, says Amy Myrick of the Center for Reproductive Rights.

  • Get Ready For Digital Health Product Liability Cases

    Raymond Williams

    As we experience more collaborations among digital health startups, app software designers, artificial intelligence firms and drug and medical device companies, manufacturers should be cognizant that digital health products may require a more nuanced approach to product liability law, say Raymond Williams and Jae Kim of DLA Piper.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Dental Photos Case Shows Copyright Threshold Has Bite

    Matthew Nelles

    A Florida federal court's decision last month involving a dentist’s before-and-after patient photos enhances the body of law where courts have determined that an author’s work was not sufficiently creative to establish a valid copyright, says Matthew Nelles of Berger Singerman LLP.