• March 9, 2018

    DOJ Turns Down 4 ManorCare FCA Suits After Stinging Loss

    The U.S. Department of Justice has declined to join four False Claims Act suits targeting HCR ManorCare Inc. over allegedly improper Medicare billing for hospice services, a move that follows the DOJ’s embarrassing loss in recent FCA litigation against ManorCare.

  • March 9, 2018

    Vigilante Hacker To Face Trial, Lawyer’s Dismissal Bid Denied

    A Somerville, Massachusetts, hacker who allegedly attacked computer systems at the renowned Boston Children’s Hospital in an bid to save a teenage patient he claims was tortured by her caretakers will face trial in April, after a federal judge on Friday denied his attorney’s bid to leave the case.

  • March 9, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a BMW plant lodge a commercial fraud claim against Barclays, another dispute between Barents Re and Petróleos de Venezuela's captive insurer and AXA take on a rival private health insurer.

  • March 9, 2018

    DOL Told Health Plan Rule May Hurt Insurance Markets

    Insurers, state attorneys general, care providers and others piled on the U.S. Department of Labor’s proposal to loosen requirements for setting up so-called association health plans ahead of a March 6 deadline for public comments, warning it could destabilize swaths of the insurance marketplace and invite fraud.

  • March 9, 2018

    Ex-VA Nurse Assistant Charged With Hitting Resident

    A former nurse assistant at the Veterans Affairs Medical Center in Memphis, Tennessee, was indicted Thursday on charges that he beat a resident of the facility, according to the U.S. Attorney’s Office for the Western District of Tennessee.

  • March 9, 2018

    Eye Doc Convicted Of Medicare Fraud Wants Bond, New Trial

    Dr. Salomon E. Melgen, a Florida ophthalmologist who gained notoriety as a co-defendant with U.S. Sen. Robert Menendez in an unsuccessful bribery case, asked Thursday for bond pending the appeal of his conviction on charges of Medicare fraud and said he should get a new trial because of new evidence that has emerged since his trial.

  • March 9, 2018

    FTC Materials Barred In Imminent Solodyn Pay-For-Delay Trial

    An antitrust trial set to kick off Monday in Boston will not include Federal Trade Commission studies on the importance of generic brands to competition, a federal judge ruled days before jury selection, in a win for the one drugmaker still fighting the pay-for-delay case.

  • March 9, 2018

    Taxation With Representation: Wachtell, Skadden, Baker

    In this week’s Taxation with Representation, Cigna bought Express Scripts for $67 billion, GTCR LLC and Sycamore Partners took CommerceHub private in a $1.1 billion deal and AXA Group acquired XL Group Ltd. for $15.3 billion.

  • March 9, 2018

    2 Pa. Doctors Arrested For Excessive Opioid Prescriptions

    Pennsylvania prosecutors on Thursday said they had arrested a psychiatrist and a pediatrician in a pair of cases over the allegedly excessive and abusive prescriptions of tens of thousands of opioid painkillers and other medications.

  • March 9, 2018

    Shkreli Gets 7 Years In Prison For Securities Fraud

    Notorious former pharmaceutical executive Martin Shkreli was sentenced Friday to seven years in prison on his conviction for defrauding investors in his ailing hedge funds and conspiring to game biotech Retrophin Inc.'s stock price to pay off his debts.

  • March 8, 2018

    Genentech Fights For $5.8M In ‘Exceptional' IP Attys Fees

    A California federal judge Thursday indicated she might grant Genentech Inc. just a portion of the $5.8 million in attorneys’ fees the company requested after beating a patent infringement suit over its breast cancer drug, suggesting the case was “exceptional” for only part of the litigation.

  • March 8, 2018

    11th Circ. Upholds Yale Doc's Fee Award In Defamation Suit

    The Eleventh Circuit on Thursday affirmed an attorneys’ fee award to a Yale neurologist who beat back a defamation suit brought by a doctor he’d called a quack, ruling that the suit falls under the “exceptional case” standard for awarding attorneys’ fees under the Lanham Act.

  • March 8, 2018

    Anthem Blue Cross, Health Net Violated FCA, 9th Circ. Told

    A former medical data contractor worker accusing Anthem Blue Cross, Health Net and other insurers of violating the False Claims Act told the Ninth Circuit on Thursday that the companies knowingly submitted exaggerated health assessment data to the government, while the defendants said the suit fails to give specifics about their alleged wrongdoing.

  • March 8, 2018

    Texas Hospital Settles Paramedic, Nurse OT Suits

    A helicopter paramedic and nurse who accused a Texas hospital chain of failing to pay overtime and making chopper crews work through lunch breaks have settled two proposed collective actions, according to an order from a Texas federal judge approving the agreement.

  • March 8, 2018

    2nd Circ. Says Religious Ties Nix Hospital Chaplain's Bias Suit

    A split Second Circuit panel on Wednesday said a Methodist minister cannot revive his race and religious discrimination suit against New York Methodist Hospital, agreeing with a lower court that he is barred from bringing claims against his former employer because the health care facility is considered a religious entity.

  • March 8, 2018

    Baker McKenzie Snags 5 Ex-Hogan Attys, Opens LA Office

    Baker McKenzie said Thursday it is launching an office in Los Angeles after hiring five partners from Hogan Lovells US LLP, bringing on board attorneys steeped in experience in employment, life sciences, energy, product liability and commercial matters to bolster its West Coast offerings.

  • March 8, 2018

    Trump Administration Rejects Idaho's Bid To Skirt ACA

    The Trump administration on Thursday balked at Idaho’s closely watched proposal to allow sales of health insurance policies that don’t meet Affordable Care Act standards, signaling a limit to the administration’s openness to relaxing the law’s requirements.

  • March 8, 2018

    NJ Hospital System Pursues Sale After Failed Prior Deal

    Trinity Health said Thursday the company is exploring the sale of its Lourdes Health System in New Jersey to Virtua Health Inc., an announcement that comes just a few months after the collapse of a proposed deal for Cooper University Health Care to acquire the Lourdes properties and another Trinity hospital.

  • March 8, 2018

    Marijuana Magnate's Assets Frozen In $7M SEC Suit

    A Colorado federal judge on Thursday agreed to freeze over $3 million of medical marijuana magnate Jeffrey Friedland’s assets in light of the U.S. Securities and Exchange Commission’s lawsuit accusing him of illicitly making $7 million for touting a marijuana-based pharmaceutical company’s stock.

  • March 8, 2018

    DOJ Leaning More On FCA In Fight Against Opioid Abuse

    A senior U.S. Department of Justice official said the DOJ is ramping up its use of the False Claims Act to crack down on unnecessary prescriptions for opioid painkillers, as part of broader focus on fighting opioid abuse. Correction: An earlier version of the story listed Cox's speech as having taken place on Mar. 8. The error has been corrected.

Expert Analysis

  • 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.

  • America's Shifting Views On Marijuana Post-Cole Memo

    Jonathan Robbins

    Although Attorney General Jeff Sessions' rescission of the Cole memo does not change federal law, negative response to the rescission across the cannabis sector and political landscape was strong, swift and bipartisan, which may lead to congressional action in the future, say Jonathan Robbins and Joshua Mandell of Akerman LLP.

  • 2017 Health Care Enforcement Review: Trends In FCA Cases

    Kevin McGinty

    The volume of health care-related qui tam litigation under the False Claims Act remained robust last year. In the first of four articles on health care enforcement in 2017, Kevin McGinty of Mintz Levin Cohn Ferris Glovsky and Popeo PC discusses the important takeaways from a number of trends.

  • How Tax Reform Will Change FCA Settlements

    Douglas Baruch

    Little attention has been paid to a provision of the new tax law that requires federal agencies to specify, at the time of settlement of government claims, the portion of the settlement that may be deductible as a business expense. This is sure to impact False Claims Act and other settlements involving the government going forward, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • A Survey Of In-House Attorney Views On Trade Secrets

    David Almeling

    In an attempt to peek behind the corporate curtain and pick the brains of those with unrivaled access to their companies’ trade secrets, we surveyed 81 in-house attorneys who work on trade secret issues. We discovered many interesting findings — and one alarming trend, say attorneys with O’Melveny & Myers LLP.

  • NJ’s Evolving Health Care Arena: Trends To Watch In 2018

    John Fanburg

    New Jersey is one of the most competitive and heavily regulated states in terms of health care, making it a good barometer for how the industry is evolving nationally. As physicians and medical groups deal with issues like flat reimbursement from insurance providers and the rapidly rising costs of operating a medical practice, the ways in which doctors deliver health care will continue to change in 2018, says John Fanburg of Brach Eichler LLC.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • Practitioner's Guide To Statistical Sampling: Part 4

    Brian Kriegler

    Brian Kriegler of Econ One Research concludes his series on statistical sampling by addressing several common misperceptions about random sampling requirements.

  • Settlement Aspirations Enter The Opioid MDL

    Adam Fleischer

    Two freight trains driving the opioid multidistrict litigation appear to be on a collision course. Journalistic investigations have revealed much about what the pharmaceutical industry knew about the opioid crisis, but just this week, Judge Dan Aaron Polster of the Northern District of Ohio made clear his plans to push the matter toward a global resolution in 2018, say Adam Fleischer and Kevin Harris of BatesCarey LLP.