• March 8, 2018

    Pot Business Asks 10th Circ. For Equal Treatment From IRS

    A Colorado marijuana dispensary asked the Tenth Circuit on Wednesday to stop the IRS from investigating businesses for criminal activity and to overturn a tax code provision disallowing business deductions for the sale of medical marijuana.

  • March 8, 2018

    Cigna Inks $67B Deal For Express Scripts

    Cigna on Thursday revealed a $67 billion, including debt, acquisition of pharmacy benefit management services company Express Scripts, marking the latest tie-up in the health care space as the industry looks to reshape itself.

  • March 7, 2018

    Roche Released From Suit Over Man's Bowel Disease

    An Illinois federal judge on Wednesday ruled to let Roche out of a suit brought by a man who claimed he developed inflammatory bowel disease as a result of taking its acne drug Accutane, finding the drugmaker is not "at home" in Illinois and the man hadn't alleged any of his injuries even occurred in the state.

  • March 7, 2018

    Feds Say Mass. ‘Just Guessing’ Birth Control Rules Harmful

    U.S. Department of Justice attorneys argued Wednesday for the demise of one of several lawsuits challenging a Trump administration rule allowing businesses to drop contraception coverage from employee health plans on moral grounds, saying it has failed to show any imminent harm in Massachusetts.

  • March 7, 2018

    11th Circ. Affirms $7.5M Tobacco Award In Engle Progeny Suit

    The Eleventh Circuit on Wednesday affirmed a $7.5 million jury verdict against R.J. Reynolds, Philip Morris and Lorillard for a smoker suffering from chronic obstructive pulmonary disorder, ruling that the district court did not err in its instructions to the jury or in failing to declare a mistrial after a medical incident in the courtroom.

  • March 7, 2018

    Shkreli Attys Call 15-Year Sentence 'Severe,' Ask For 1.5

    Martin Shkreli’s attorneys called the government’s recommendation of 15 years prison time for securities fraud “far too severe” in a letter to a New York federal judge on Wednesday, arguing that a sentence of 18 months or less would be more appropriate for the controversial former pharmaceutical executive’s crimes.

  • March 7, 2018

    VA Watchdog Slams Mismanagement At DC Medical Center

    Continued failures of leadership and practice over a number of years have led to widespread problems at the U.S. Department of Veterans Affairs’ D.C. medical center that are putting veterans at risk, according to a watchdog report Wednesday.

  • March 7, 2018

    CVS Prices $40B Bond Sale To Help Fund Aetna Acquisition

    CVS Health Corp., which is in the process of acquiring health insurance company Aetna Inc. for $69 billion, priced a massive $40 billion bond offering to help fund the acquisition.

  • March 7, 2018

    BCBS Affiliates Can't Dismiss Hospital Benefits Payment Suit

    A Texas magistrate judge on Tuesday said a pair of Blue Cross Blue Shield plan administrators can't escape claims they underpaid five bankrupt and two nonbankrupt hospitals in the Victory Medical Center chain by $34.5 million on jurisdictional grounds, but that they will have the chance to switch venues to their home states.

  • March 7, 2018

    Opioid MDL To Get Litigation Track Amid Settlement Talks

    Multidistrict litigation over the opioid crisis will enter an active stage of discovery, motions and bellwether trials to boost the prospects of ongoing settlement talks, an Ohio federal judge said Wednesday.

  • March 7, 2018

    Blue Cross, Takeda Settle Actos Cancer Claims

    Blue Cross and Blue Shield of Massachusetts and drug manufacturer Takeda Pharmaceutical Co. Ltd. told a Massachusetts federal court on Wednesday they have settled dozens of claims by the insurer alleging that a link between Actos and bladder cancer was long known to Takeda, the latest in a long string of settlements involving the diabetes treatment.

  • March 7, 2018

    Health Exec Presses 8th Circ. On Sexual Orientation Bias

    A health care sales executive urged the Eighth Circuit on Wednesday to hold that sexual orientation is protected by Title VII and, in turn, revive his claims that Midwest Geriatric Management LLC discriminated against him by rescinding a job offer he had accepted after the company learned he was gay.

  • March 7, 2018

    What Happens If The DOJ Joins The Opioid MDL?

    If the U.S. Department of Justice enters multidistrict litigation about the opioid crisis, it could strengthen the negotiating position of local governments but also siphon off some of the money they seek, plaintiffs lawyers say.

  • March 7, 2018

    Dem AGs Knock DOL's 'Association Health Plans' Rule

    A coalition of 17 attorneys general from mostly left-leaning states and D.C. submitted joint comments to the U.S. Department of Labor on Tuesday, saying a proposed rule allowing employers to more easily form so-called association health plans would remove important consumer protections and invite fraud. 

  • March 7, 2018

    EEOC Says Nursing Center Illegally Fired Pregnant Employees

    The U.S. Equal Employment Opportunity Commission slapped a North Carolina rehabilitation and nursing center with a sex discrimination lawsuit in federal court Wednesday, alleging the center fired two certified nursing assistants instead of accommodating their pregnancies.

  • March 7, 2018

    Ambulance Cos. To Shed Hawaii Air Unit To Finish Merger

    A pair of ambulance companies have agreed to sell an air transport service in Hawaii in order to alleviate competition concerns raised by the Federal Trade Commission over their $2.4 billion tie-up, the agency said Wednesday.

  • March 7, 2018

    Deputy AG Asks For Insurers' Help To End Opioid Crisis

    Deputy Attorney General Rod Rosenstein on Wednesday called on health insurers to aid law enforcement's efforts to end the nation's massive opioid epidemic, saying they can play a part in preventing needless prescribing of opioids.

  • March 7, 2018

    Sen. Feinstein Wants Refugee Resettlement Head To Resign

    Sen. Dianne Feinstein on Tuesday called for Office of Refugee Resettlement Director Scott Lloyd to step down from his post, citing his alleged attempts to block young immigrant women in federal government custody from accessing reproductive health care to which they’re legally entitled.

  • March 7, 2018

    Kaiser Dodges Some Claims In Suit Over Excess Skin Surgery

    A California federal judge on Tuesday trimmed a proposed class action accusing Kaiser Foundation Health Plan Inc. of flouting the Employee Retirement Income Security Act by refusing to cover surgery to remove excess skin after substantial weight loss. 

  • March 7, 2018

    UPMC, Medicor Ink $21M Deal To End Kickback Claims

    A University of Pittsburgh Medical Center hospital and a regional cardiology practice have agreed in Pennsylvania federal court to pay close to $21 million to end allegations that they orchestrated a kickback scheme for patient referrals, the U.S. Department of Justice announced Wednesday.

Expert Analysis

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • 10 Antitrust Developments And Trends To Watch In 2018

    Dee Bansal

    Expect to see antitrust developments in 10 areas this year, including continuing scrutiny of vertical mergers, no-poach agreements and conduct by pharmaceutical companies, say attorneys with Cooley LLP.

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • 2017 Health Care Enforcement Review: Final Thoughts

    Eoin Beirne

    In both civil and criminal enforcement proceedings, 2017 was perhaps most notable for the cases brought against individual health care providers and small physician practice owners. Several factors may have influenced the uptick in these types of cases, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • How The Cybersecurity Legal Landscape Changed In 2017

    Jonathan Kolodner

    Over the last year, the existential risk posed by cyberattacks and data security vulnerabilities has become one of the top concerns for boards of directors, management, government agencies and the public. 2017 was punctuated by a series of headline-grabbing breaches, fast-moving regulatory developments around the globe, and record-breaking settlements by companies, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Fraud Section Under New Management: Takeaways From 2017

    Kevin Muhlendorf

    The U.S. Department of Justice’s "Fraud Section Year in Review" report provides a useful overview of what the Criminal Division’s largest litigating section accomplished in 2017, comparisons to years past, and important hints at what the future holds for individuals and entities whose activities come within the Fraud Section’s broad reach, say Kevin Muhlendorf and Madeline Cohen of Wiley Rein LLP.

  • 2017 Health Care Enforcement Review: Materiality Under FCA

    Laurence Freedman

    As expected, the U.S. Supreme Court's Escobar decision triggered a spate of litigation over how to apply the materiality standard in False Claims Act cases. Throughout 2017, the lower courts built upon the standard, but we expect courts to continue to grapple with the issue through 2018, say Laurence Freedman and Jordan Cohen of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • What It Means If States Can Set Medicaid Work Requirements

    Caroline Brown

    In a long-anticipated move, the Centers for Medicare & Medicaid Services recently announced that it will allow states to implement Medicaid work requirements, representing a major shift in the agency's policy. However, the move will only impact a small percentage of the Medicaid population, say Caroline Brown and Philip Peisch of Covington & Burling LLP.

  • 2017 Health Care Enforcement Review: FCA Case Law

    Brian Dunphy

    Last year, courts issued numerous health care-related decisions interpreting the legal standards under the False Claims Act and assessing the viability of a multitude of FCA liability theories. These decisions will affect the prosecution and defense of FCA cases for years to come, says Brian Dunphy of Mintz Levin Cohn Ferris Glovsky and Popeo PC.