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  • August 7, 2018

    AstraZeneca Settles Texas Medicaid Fraud Suits For $110M

    Pharmaceutical giant AstraZeneca LP has agreed to pay $110 million to the state of Texas to settle lawsuits accusing the company of falsely marketing its drugs Seroquel and Crestor in violation of the Texas Medicaid Fraud Prevention Act, according to a Tuesday announcement by the state attorney general.

  • August 7, 2018

    Silver Again Seeks Bail During Appeal Of 2nd Conviction

    Former New York State Assembly Speaker Sheldon Silver on Monday again sought a reprieve from prison while he appeals his second conviction on corruption charges, claiming the trial court wrongly told jurors that no quid pro quo deal needed to be proven to find the formerly powerful Empire State politician guilty of bribery.

  • August 7, 2018

    WellCare Eyes Stock And Debt To Fund $2.5B Meridian Buy

    Medicare and Medicaid plan provider WellCare Health Plans Inc. is tapping equity and debt markets to help fund its blockbuster $2.5 billion acquisition of Meridian Health Plans Inc., saying Monday it plans to raise about $1.1 billion in newly issued stock plus $700 million in bonds.

  • August 7, 2018

    Axed Marriott Workers Get Cert. Over COBRA Notification

    A Florida federal judge on Tuesday certified a class of former Marriott International Inc. workers suing over allegedly deficient notices about their rights to continued health care coverage under the COBRA act, ruling that they all suffered the same potential injury.

  • August 7, 2018

    8th Circ. Sends TCPA Junk Fax Row Back To Mo. State Court

    The Eighth Circuit agreed that a St. Louis medical center alleging technical violations of the Telephone Consumer Protection Act’s junk fax rules had failed to meet the Article III standing bar set by the U.S. Supreme Court's Spokeo decision, but found that the dispute should have been sent back to Missouri state court rather than canned.

  • August 7, 2018

    Deals Rumor Mill: Advent, Alibaba, HNA

    Advent International is reportedly making moves to sell Genoa Healthcare, Alibaba plans to ramp up its rivalry with Meitang Dianping by merging a pair of food delivery units, and HNA Group is in negotiations to sell a roughly 30 percent stake in Avolon Holdings.

  • August 7, 2018

    Hospitals Can't Bar Union Talk On Nonwork Time: NLRB

    A National Labor Relations Board panel ruled Monday that the University of Pittsburgh Medical Center can’t prohibit off-duty employees from distributing union literature outside of patient-care areas, calling such rules “presumptively invalid” without having to examine them under the Trump administration's new NLRB standards.

  • August 7, 2018

    KKR-Backed Clinical Trials Co. Prices $660M Stock Offering

    PRA Health Sciences Inc. on Tuesday priced an estimated $660 million secondary offering that enables Kohlberg Kravis Roberts & Co. to nearly halve its stake in the clinical trials company, marking the latest in a flurry of private equity-backed stock offerings this week.

  • August 7, 2018

    AGs Urge DC Circ. To OK Block On Detainee Abortion Rules

    A coalition of attorneys general on Tuesday urged the D.C. Circuit to uphold a District of Columbia federal court's ruling that temporarily paused a federal agency's policy of blocking detained immigrant girls from accessing abortion services, saying such a policy violates the rights of both the states and women.

  • August 7, 2018

    Rising Star: Bradley Arant's Travis Lloyd

    Bradley Arant Boult Cummings LLP partner Travis Lloyd, recently named the firm’s health care practice group leader, has acted as lead regulatory counsel for a variety of transactions in the industry, including the $2.3 billion merger of Surgical Care Affiliates with UnitedHealth Group’s Optum, earning him a spot as one of five health care attorneys under 40 honored by Law360 as Rising Stars.

  • August 6, 2018

    Cherokee Nation Wants Purdue Opioid Row In State Court

    The Cherokee Nation on Monday pushed to send back to Oklahoma state court its lawsuit seeking to hold Purdue Pharma accountable for its alleged role in an explosion of opioid abuse among tribe members, blasting Purdue for contending the case belongs in federal court instead.

  • August 6, 2018

    Experts Want IAAF-Funded Female Testosterone Study Nixed

    Three scientists have called for the retraction of an International Association of Athletics Federations-sponsored study that helped justify rules limiting testosterone levels in female athletes, saying the findings provide a “highly dubious” basis for the controversial regulations, which are being challenged in the Court of Arbitration for Sport.

  • August 6, 2018

    ActiveCare Delays Ch. 11 Auction Plan For Committee Talks

    Diabetes patient monitoring company ActiveCare Inc. will push back deadlines in its Chapter 11 sale process after telling a Delaware bankruptcy judge Monday that it would take an extra week to discuss its auction plan with a recently appointed committee of unsecured creditors.

  • August 6, 2018

    Providers Say Don't Kill Hospital Bellwether In Opioid MDL

    A coalition of 44 hospitals that say they are on the front lines of treating the opioid epidemic on Friday asked to weigh in on multidistrict litigation over the opioid crisis, arguing that efforts to dismiss a bellwether lawsuit for hospitals should be rejected.

  • August 6, 2018

    Dental Cos. Look to Straighten Patent Row In Fed. Circ.

    The inventor of the Invisalign clear teeth-straightening system Monday sought to revive parts of a patent underlying the technology, telling a Federal Circuit appellate panel that the U.S. Patent Trial and Appeal Board erred when it invalidated key parts of the patent as obvious.

  • August 6, 2018

    Humana Hits Generic-Drug Makers With Price-Fixing Claims

    Insurance giant Humana has slapped a host of generic-drug makers with a sprawling racketeering suit in Pennsylvania federal court alleging they conspired to hike prices on a range of everyday medications from muscle relaxers to antidepressants, resulting in "extraordinary" prices over a four-year period.

  • August 6, 2018

    Real Estate Rumors: Blackstone, Mautner-Glick, Bank OZK

    Blackstone is reportedly leasing out roughly 25,000 square feet in Chicago to e-commerce software firm Shoprunner, Mautner-Glick is said to have sold six New York buildings to a developer for $232 million and Bank OZK has reportedly loaned $28.48 million for a Florida Hilton project.

  • August 6, 2018

    FDA Rejects Opioid Painkiller For The 4th Time

    Pain Therapeutics Inc. and Durect Corp. said Monday that the U.S. Food and Drug Administration once again had refused to approve its opioid painkiller Remoxy ER, calling the agency’s fourth decision to turn down the drug “bizarre” in light of the ongoing opioid crisis.

  • August 6, 2018

    LabMD Won't Get Review Of FTC Atty Immunity Decision

    A District of Columbia federal appeals court on Friday turned down a request from LabMD for another look at a decision saying Federal Trade Commission lawyers were shielded from allegations that they unfairly pushed an enforcement action against the company.

  • August 6, 2018

    Travelers Sues Hospital's Insurer Over Sex Abuse Coverage

    An insurance company providing underlying excess liability coverage to a hospital where a staff doctor allegedly sexually abused more than 100 children is dodging its share of costs to resolve resulting lawsuits, Travelers Casualty and Surety Co. said in a suit filed in Connecticut federal court.

Expert Analysis

  • When Bid Protester Is Promised Agency Fix And Doesn't Get It

    Kenneth Weckstein

    What if a bid protest results in an agency announcing corrective action, which then doesn't materialize? Insult may be added to injury if the agency awards the protester’s competitor a sole-source bridge contract in the meantime. In such a case, the original protester does have a remedy, say Kenneth Weckstein and Shlomo Katz of Brown Rudnick LLP.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • New Bill Addresses Systemic Risk In Cannabis Banking

    Lance Boldrey

    The newly introduced STATES Act would alleviate most of the issues that financial institutions face in providing services to marijuana-related businesses, say attorneys with Dykema Gossett PLLC.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • Vaccine Mandates And Lessons On Legal Compliance

    Alan Berkowitz

    Terminating or disciplining an employee who declines to get a vaccine because of a disability or religious belief exposes an employer to significant risk of a discrimination lawsuit. In Ruggiero v. Mount Nittany Medical Center, the Third Circuit established a relatively low threshold for employees to get past the initial pleading stage, say attorneys with Dechert LLP.

  • Opinion

    Centrist Analysis Of Justice Kennedy's Retirement Is Flawed

    Gordon Renneisen

    In telling Democrats and progressives not to melt down over the prospect of President Trump appointing another U.S. Supreme Court justice following Justice Anthony Kennedy's retirement, the centrists make four main arguments. None of them are convincing, says Gordon Renneisen of Cornerstone Law Group.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • Privacy Risks For Non-Health Employee Benefit Plans

    Excerpt from Lexis Practice Advisor
    John Utz

    In this discussion of litigation risks faced by sponsors of employee benefit plans other than health plans, John Utz of Utz & Lattan LLC tackles ERISA requirements for personally identifiable information, participant claims against fiduciaries and plan sponsors for data breaches, and various actions sponsors can take to mitigate privacy concerns.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.