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  • January 9, 2019

    Shutdown May Slow CVS-Aetna Deal Review, DOJ Says

    The U.S. Department of Justice told a D.C. federal judge Tuesday that the ongoing government shutdown is hampering its ability to address public comments related to CVS Health Corp.’s proposed $69 billion acquisition of Aetna Inc., saying it will not be able to complete this task until Congress provides funding.

  • January 9, 2019

    Cryotherapy Co. Sued Over Texas Woman's 2nd-Degree Burns

    A Texas woman who said a three-minute cryotherapy session at a Houston branch of Impact Cryotherapy Inc. left her with second-degree burns to the bottom of her feet has filed a negligence lawsuit against the company and its affiliates.

  • January 9, 2019

    Builder Says Dallas Charity Owes $1M For Hospice Project

    Linbeck Group LLC told a Texas state court on Tuesday that a faith-based service group owes it more than $1 million for its role as a construction partner for the T. Boone Pickens Hospice and Palliative Care Center in Dallas.

  • January 9, 2019

    Pa. Fines Aetna Over Autism, Substance Abuse Coverage

    Health care giant Aetna Inc. faces a $190,000 fine after the Pennsylvania Insurance Department said Tuesday that it found violations in the company’s coverage for services relating to autism spectrum disorder and substance use disorder that might leave consumers wondering if they are covered.

  • January 9, 2019

    Ex-Insys CEO Pleads Guilty, May Testify In Bribery Trial

    In an eleventh-hour move, former Insys Therapeutics Inc. CEO Michael Babich admitted to taking part in a scheme to bribe doctors into prescribing the company’s pricey fentanyl spray in Massachusetts federal court Wednesday and will cooperate as the criminal trial of his former co-workers kicks off later this month.

  • January 9, 2019

    Physician's Assistant Admits Role In $1B Health Care Fraud

    A former physician's assistant faces up to 10 years in prison after pleading guilty in Florida federal court Wednesday to participating in a $1 billion health-care fraud scheme.

  • January 9, 2019

    Insys Founder Need Not Comply With Subpoena, Judge Rules

    Insys Therapeutics founder John Kapoor does not need to turn over his personal notes and other documents the government sought ahead of a trial for executives allegedly involved in an opioid kickback scheme, a federal judge in Boston ruled Tuesday, saying prosecutors failed to prove the records belonged to Insys and not to Kapoor himself.

  • January 8, 2019

    High Court Decision Sets Arbitration, Court Power Balance

    The U.S. Supreme Court's Tuesday decision striking down an exception that had allowed courts to decide whether a claim belongs in arbitration has further defined the allocation of power between arbitral tribunals and courts by eliminating a ground by which parties could seek to avoid arbitration, experts say.

  • January 8, 2019

    Hospital Says Mass. Court Misapplied Anti-SLAPP Changes

    A Boston hospital told Massachusetts' highest court on Tuesday that a trial judge was wrong to deny its motion to dismiss a defamation suit brought by fired nurses, saying the lower court failed to properly apply the Supreme Judicial Court's new interpretation of the anti-Strategic Lawsuit Against Public Participation statute.

  • January 8, 2019

    NYC Launches Plan For Universal Health Care Access

    New York City is launching a two-pronged plan to arrange affordable health care services for its 600,000 uninsured residents, including immigrants without authorization, Mayor Bill de Blasio announced Tuesday.

  • January 8, 2019

    Athenahealth Faces Shareholder Suit Over $5.7B Merger

    A proposed shareholder class action filed in Massachusetts federal court Monday asserts that a $5.7 billion plan for Veritas Capital and Elliot Management affiliate Evergreen Coast Capital to take Athenahealth private is based on misleading and inadequate financial analyses and overlooks potential conflicts of interest.

  • January 8, 2019

    Promise Healthcare OK'd To Sell Mo. Hospital For $10M

    A Delaware bankruptcy judge on Tuesday approved Promise Healthcare Group LLC’s $10 million sale of its ownership stake in a St. Louis hospital as the bankrupt hospital operator continues to sell assets in its Chapter 11.

  • January 8, 2019

    21 AGs Join Pa., NJ In Fighting Trump's Birth Control Rules

    Attorneys general for 20 states and the District of Columbia have thrown their support behind Pennsylvania and New Jersey in urging a federal court to block proposed Trump administration rules allowing employers to opt out of covering contraception if they oppose its use on moral or religious grounds.

  • January 8, 2019

    Religious Orgs Back EEOC Bid For 8th Circ. Redo In Bias Suit

    An Eighth Circuit panel gutted religious bias protections by rejecting a suit alleging a Minnesota hospital illegally pulled a job offer because an applicant asked for her Sabbath off, the Seventh-day Adventists' governing group said Tuesday, backing the U.S. Equal Employment Opportunity Commission's bid for en banc rehearing.

  • January 8, 2019

    $3.3M Deal Over Unwanted Ad Faxes Receives Early OK

    An Illinois federal judge gave preliminary approval Tuesday to a $3.3 million deal to end class allegations that Mesa Laboratories Inc. sent thousands of unsolicited advertising faxes that didn't include legally required opt-out information.  

  • January 8, 2019

    Dem Lawmakers Want Audit On Teen Health-Job Rulemaking

    A group of Democratic lawmakers have asked a U.S. Department of Labor watchdog to look into how the department developed a proposed rule that would loosen limitations on 16- and 17-year-olds being able to train, work or have an apprenticeship in the health care realm.

  • January 8, 2019

    $2M Too Low, Too Late In Nursing Home Death, 1st Circ. Told

    The estate of a woman who died in nursing home care tried to convince the First Circuit Tuesday that a federal judge had it right the first time when she ruled an insurance claims adjuster dragged its feet before offering a $2 million settlement — well below what the family asked for — before reversing herself.

  • January 8, 2019

    Fla. Urges Appeals Court To Keep Medical Pot Smoking Ban

    Florida's Department of Health urged a state appeals court on Tuesday to overturn a lower court's finding that a state law banning smoking of medical marijuana is unconstitutional, arguing the Legislature made an “eminently reasonable” decision that does not conflict with a 2016 legalization amendment.

  • January 8, 2019

    Contracts Decide If Cases Go To Arbitration, Justices Rule

    The U.S. Supreme Court held on Tuesday that courts may not override a contract delegating to arbitrators the question of whether a claim must be arbitrated or litigated, even if the arbitration bid was "wholly groundless," unanimously vacating a Fifth Circuit decision.

  • January 7, 2019

    New Calif. Gov. To Focus On Expanding Health Care Access

    California Gov. Gavin Newsom took office Monday, laying out a bold agenda on a broad swath of issues and taking a series of actions aimed at expanding health care access in the Golden State.

Expert Analysis

  • Health Care Providers Should Note Recent Fraud Conviction

    Bart Daniel

    A federal judge in South Carolina recently sentenced a former speech therapist to 111 months in federal prison on convictions of criminal health care fraud. Practitioners should be aware of the implications as the sentence is an unrequested and unexpected upward departure, say Bart Daniel and Elle Klein of Nelson Mullins Riley & Scarborough LLP.

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • A Guide To Workplace Violence Prevention And Response

    Excerpt from Lexis Practice Advisor
    Elizabeth Harlan

    In this Lexis Practice Advisor excerpt, Elizabeth Harlan of Astrachan Gunst Thomas offers practical employer strategies for inhibiting and reacting to violence in the workplace.

  • State Net

    More State Issues The Blue Wave May Shape In 2019

    Rich Ehisen

    In the second installment of this three-part legislative preview, Rich Ehisen of State Net Capitol Journal examines a number of issues that should keep state lawmakers occupied next year.

  • Why The High Court Will Hear Cochise Consultancy V. US

    Matthew Curley

    The U.S. Supreme Court recently agreed to hear Cochise Consultancy v. United States ex rel. Hunt, which deepened the circuit split over how the False Claims Act’s statute of limitations applies in certain qui tam actions. The decision should bring sorely needed clarity, say Matthew Curley and Scott Gallisdorfer of Bass Berry & Sims PLC.

  • Class Cert. Evidence Standard Likely Headed To High Court

    Thomas Richie

    With circuit courts irreconcilably split on expert testimony at the class certification stage, the Ninth Circuit’s recent decision not to reconsider Sali v. Corona Regional Medical Center all but guarantees the issue will soon reach the U.S. Supreme Court, say Thomas Richie and John Goodman of Bradley Arant Boult Cummings LLP.

  • Medical Marijuana Poses ADA Risks For Pa. Health Care Cos.

     Mariah Passarelli

    For health care employers, the enactment of Pennsylvania's Medical Marijuana Act has further complicated navigation of reasonable accommodations under the Americans with Disabilities Act. Mariah Passarelli of Cozen O’Connor discusses the pitfalls companies face at the crossroads of these two statutes.

  • Crypto Addresses As OFAC Identifiers

    Maxwell T.S. Thompson

    Last week, the Office of Foreign Assets Control took the significant step of adding two digital currency addresses to its list of identifiers for certain individuals related to an Iranian hacking enterprise. This should immediately alert entities that transact in digital assets, says Maxwell T.S. Thompson of Murphy & McGonigle PC.