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Health

  • September 10, 2018

    Walgreens Buys Files From 185 Fred’s Pharmacies For $165M

    Walgreens has agreed to buy the pharmacy patient prescription files and related inventory from 185 stores of Fred’s Inc., a regional pharmacy chain operating in the southeast, for $165 million plus the inventory’s value, the companies announced together on Monday.

  • September 10, 2018

    KKR Leads Calif. Health Tech Co.'s $57M Funding Round

    Health technology firm Clarify Health Solutions Inc. snapped up $57 million in a funding round led by private equity giant KKR & Co., as San Francisco-based Clarify looks to advance and grow its personalized real-time care platform.

  • September 10, 2018

    Saul Ewing Lands 2 Defamation, Media Pros In Boston

    Saul Ewing Arnstein & Lehr LLP is continuing its Boston expansion and launching its national First Amendment and media practice with the addition of a pair of partners from Mintz Levin Cohn Ferris Glovsky and Popeo PC who have defended newspapers, journalists and businesses alike in defamation cases for years, the firm said.

  • September 7, 2018

    Measuring The Recession’s Toll On The Legal Industry

    For starting attorneys, the financial crisis casts a long shadow, even though the worst is past. Here’s our breakdown of the data showing its impact and where the industry’s headed.

  • September 7, 2018

    Too Small To Fail?

    It’s been almost 10 years since Lehman Brothers collapsed — kicking off a global recession and putting two Skadden partners on a path to building a firm that would weather the storm. Here's how upstarts and their larger rivals are positioning themselves for the next downturn.

  • September 7, 2018

    Chicago Health Workers Win $10M In Abuse Case

    A Chicago jury on Thursday awarded more than $10 million to seven health professionals at Advocate Illinois Masonic Medical Center, one of whom was violently assaulted in a locker room and the rest of whom were secretly videotaped in the same locker room.

  • September 7, 2018

    Gov't Can Refile FCA Suit After Tired Relators Quit: 5th Circ.

    A Texas federal judge was right to let a group of whistleblowers walk away from a False Claims Act suit against United Biologics LLC while still leaving the government — which had refused to intervene — room to refile, the Fifth Circuit said Friday.

  • September 7, 2018

    VA Docs Didn't Prove Sex Discrimination, Fed. Circ. Finds

    A pair of female U.S. Department of Veterans Affairs doctors failed to definitively prove that their lower pay compared to male colleagues was based on their sex, the Federal Circuit ruled Friday, as the judge who authored the opinion argued his hands were effectively tied by harsh prior precedent.

  • September 7, 2018

    Expert Wrongly Nixed In Doc's Kickback Case, 3rd Circ. Told

    A New Jersey doctor convicted of accepting $200,000 in kickbacks for blood lab referrals urged the Third Circuit on Friday to give him a new trial, arguing that a federal judge abused his discretion by scrapping expert testimony showing that the tests he ordered were medically necessary.

  • September 7, 2018

    Ohio Court Orders New Trial For Docs In Brain Damage Suit

    An Ohio appeals court, in an en banc decision, has sent a suit alleging anesthesiologists caused a patient’s brain damage by giving her a drug she was allergic to back to trial, ruling that the cumulative error doctrine applies to civil cases.

  • September 7, 2018

    Health Hires: Pepper Hamilton, Perkins Coie, Davis Wright

    Pepper Hamilton LLP, Perkins Coie LLP, Davis Wright Tremaine LLP, Simmons & Simmons, McKool Smith PC and Lane Powell PC are the latest firms to boost their health and life sciences offerings, with former prosecutors, antitrust experts, cannabis specialists and more.

  • September 7, 2018

    BTG Snags Irish Vascular Health Co. In $150M Deal

    BTG PLC on Friday said it will take over Irish medical device firm Novate Medical Ltd. in a deal worth up to $150 million that improves the London-based health care company’s capabilities in the treatment of vascular conditions.

  • September 7, 2018

    1st Circ. Revives Suit Over Harvard Pilgrim's ERISA Denial

    The First Circuit has revived a young woman’s suit accusing Harvard Pilgrim Health Care of wrongly denying her coverage for residential mental health treatment, holding that the lower court erred by not considering documents that had been submitted in a post-complaint benefits review when reaching its decision.

  • September 7, 2018

    UnitedHealth Wins Challenge To Medicare Overpayment Rule

    A D.C. federal judge on Friday rejected the federal government’s view of when Medicare Advantage insurers have been overpaid, vindicating a UnitedHealth Group Inc. effort to boost industry profits and reduce potential False Claims Act liability.

  • September 6, 2018

    New Emails Reveal Kavanaugh As Opinionated Bush Lawyer

    In previously confidential records released Thursday, D.C. Circuit Judge Brett Kavanaugh called an affirmative action program a "naked racial set-aside," discussed whether Roe v. Wade is "settled law" and corresponded with a Republican Hill staffer later accused of misappropriating Democratic material while he was a White House lawyer in the early 2000s.

  • September 6, 2018

    Starbucks Can't Stall Cancer Label Suit For 'Hypothetical' Rule

    A California judge who determined coffee must carry cancer warnings on Thursday rejected Starbucks and other companies’ bid to pause applying those warnings or handing out potentially billions of dollars in statutory penalties while a state agency considers a rule that might render warnings unnecessary, saying he won’t stay a case based on “a hypothetical regulation.”

  • September 6, 2018

    Seattle Agrees To Suspend Hotel Benefits Law For Now

    The city of Seattle has agreed to suspend the enforcement of a recently revised section of the city’s municipal code governing hotel employee health benefits while the ERISA Industry Committee, which represents large benefits plan sponsors, challenges the ordinance in Washington federal court.

  • September 6, 2018

    The Bloody Saga That Made Theranos Finally Call It Quits

    Theranos Inc. has told shareholders that it plans to dissolve, nearly three years after a bombshell Wall Street Journal article raised questions about its blood-testing technology. Here, Law360 gives an overview of the courtroom battles and pending criminal charges that stem from the once-mighty startup's implosion.    

  • September 6, 2018

    North Korean Man Charged With Sony Hack, WannaCry Virus

    The U.S. Department of Justice on Thursday charged a North Korean hacker and alleged spy in connection with some of the most damaging cyberattacks in recent memory, including the 2014 breach of Sony Pictures, the theft of $81 million from a bank in Bangladesh and the release of the WannaCry 2.0 virus that ground computer systems worldwide to a halt. 

  • September 6, 2018

    Pa. Health System To Pay $1.6M To Settle ERISA Suit

    A Pennsylvania-based hospital has agreed to pay $1.6 million to settle an Employee Retirement Income Security Act suit accusing it of underfunding a pension plan by improperly classifying it as a church plan under the statute.

Expert Analysis

  • Innovator Liability Flunks The Dormant Commerce Clause

    Richard Dean

    Two circuit court decisions issued in May invoked the dormant commerce clause to strike down enforcement of state laws beyond state borders. It is not surprising that there is also a dormant commerce clause argument in regard to innovator liability, says Richard Dean of Tucker Ellis LLP.

  • 4 Reasons To Review Payer Contracts On A Regular Basis

    Keith Anderson

    In a time of increased mergers and acquisitions, a health care provider's failure to revisit its payer contracts portfolio can have profound consequences on revenue stream. Keith Anderson of FTI Consulting Inc. discusses why consistent review of all contracts is essential.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • New Risks For US Cos. Inadvertently Supporting North Korea

    Ellen Murphy

    Following a U.S. State Department advisory this week, companies conducting business abroad — particularly in the technology, medical and life sciences industries — should watch out for several areas of heightened risk that may have a nexus to North Korea, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • How Texas' Anti-SLAPP Law Applies To Medical Peer Review

    Jesse Coleman

    Recent decisions both in state and federal courts have made it clear that Texas' anti-SLAPP statute likely now applies to all causes of action arising out of facts related to the medical peer review process. This will greatly increase hurdles for plaintiffs in future legal actions involving medical peer review, say Jesse Coleman and Brian Wadsworth of Seyfarth Shaw LLP.

  • What Directors Need To Include In Appraisal Notices

    Christopher Chuff

    The Delaware Chancery Court's opinion in Cirillo Family Trust v. Moezinia is a stark reminder of both the required contents of an appraisal notice as well as the appropriate approach to take when communicating with stockholders, say attorneys with Pepper Hamilton LLP.

  • The Opioid Epidemic: Who Will Jurors Hold Accountable?

    Christina Marinakis

    Hardly a day goes by where we don’t hear about another lawsuit being filed accusing pharmaceutical companies, distributors, hospitals and pharmacies of fueling the country’s addiction to opioids. But without any of these cases reaching a jury to date, it can be difficult to predict how jurors will react to these claims, says Christina Marinakis of Litigation Insights.

  • Suddenly, ALJs Become Political Appointees

    Brian Casey

    Less than three weeks after the U.S. Supreme Court decided Lucia v. Securities and Exchange Commission, President Donald Trump signed an executive order applying the court’s rationale in Lucia to the hiring — and firing — of all administrative law judges in the federal government, making them entirely beholden to the heads of their agencies or the president for their jobs, says Brian Casey of Barnes & Thornburg LLP.

  • How To Do Time: Part 4

    Alan Ellis

    Most lawyers are understandably unable to advise a first-time federal inmate as to what it will be like in prison. In their final installment of this series, criminal defense attorney Alan Ellis and federal prison consultant J. Michael Henderson address questions about mental health care and substance abuse treatment in the Bureau of Prisons.