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Health

  • January 4, 2019

    Health Hires: Locke Lord, Morgan Lewis, Amneal, Novant

    In this round of health and life sciences attorneys on the move, Locke Lord LLP nabbed an FDA pro from Foley Hoag LLP, Morgan Lewis & Bockius LLP brought on yet another IP attorney from McDermott Will & Emery LLP, and Amneal Pharmaceuticals Inc. and Novant Health named new legal heads.

  • January 4, 2019

    9th Circ. Denies Redo On $35M EB-5 Fraud Judgment

    The Ninth Circuit has declined to rehear its recent decision affirming a nearly $35 million judgment against a husband and wife who bilked investors out of millions in an EB-5 visa scheme related to a cancer treatment center they never built.

  • January 3, 2019

    House Dems Tap Munger Tolles' Verrilli For ACA Defense

    The Democrat-controlled U.S. House of Representatives moved late Thursday to defend the Affordable Care Act against an existential legal threat, tapping Munger Tolles & Olson LLP partner Donald B. Verrilli Jr. — who as U.S. solicitor general helped defeat another suit aimed at destroying the ACA — to represent them.

  • January 3, 2019

    Health Cybersecurity Guide Could Redefine 'Reasonable'

    Voluntary health care cybersecurity standards recently unveiled by the U.S. Department of Health and Human Services are likely to unofficially set a new "reasonable security" standard that could help fuel both private litigation and more formal policymaking efforts, attorneys say.

  • January 3, 2019

    Marketing Firm Not Owed TCPA Suit Coverage, 8th Circ. Says

    The Eighth Circuit on Thursday affirmed that American Family Mutual Insurance Co. has no duty to defend or indemnify a marketing firm in a class action complaint accusing it of violating the Telephone Consumer Protection Act by sending junk faxes, agreeing with a Missouri federal court that a TCPA exclusion in the firm’s policy is enforceable and bars coverage.

  • January 3, 2019

    Clinic Wants Judge DQ'd In Suit Alleging Botched Surgery

    A plastic surgery clinic is seeking to disqualify a Michigan federal judge in a suit accusing a doctor and the clinic of botching a woman's breast augmentation procedure, saying the judge played favorites by giving the woman a legal "road map" to preserve certain claims.

  • January 3, 2019

    Shutdown Sparks DOJ Bid To Pause Promise Health Ch. 11

    Department of Justice attorneys told a Delaware bankruptcy judge late Wednesday the Chapter 11 proceedings of hospital operator Promise Healthcare Group LLC should be stayed because the federal government shutdown has cut off funds for department attorneys.

  • January 3, 2019

    GYNs Get Third Try At Cynosure 'Vaginal Rejuvenation' Suit

    Two gynecological practices can file a second amended complaint against cosmetic laser maker Cynosure, a Boston federal judge ruled Thursday, directing them to include more specific information about how the company allegedly duped them into buying its MonaLisa Touch product by marketing it for so-called “vaginal rejuvenation.”

  • January 3, 2019

    Va. Prison Ordered To Heed Health Settlement After 4 Deaths

    A Virginia federal judge on Wednesday ordered senior officials at the state’s Department of Corrections to comply with the terms of a settlement over health care at a women’s prison, citing the deaths of four women since the agreement was approved in 2016.

  • January 3, 2019

    Doctor Fights Pill Mill 'Impostor's' Bid To Ax TM Suit

    An Illinois physician suing a doctor of the same name for allegedly stealing his reputation as a pain specialist to run a “pill mill” that led to the “impostor’s” indictment shot back on Wednesday against the defendant doctor’s bid to dismiss the suit, saying his claims are rock solid.

  • January 3, 2019

    FisherBroyles Snags Health Industry Counsel As Partner

    FisherBroyles LLP has lured to its Houston office a new partner whose tenure at a northeastern U.S. physical therapy network bolstered her authority as a seasoned health care industry litigator, the firm announced Wednesday.

  • January 3, 2019

    AGs Blast Generic Cos.' Bid To Gag Price-Fixing Comments

    Defending their right to comment publicly on multidistrict litigation and ongoing probes into alleged price-fixing by generic-drug companies, dozens of state attorneys general have told a Pennsylvania federal judge that a speech limitation sought by the drug companies would be unnecessary and unconstitutional.

  • January 3, 2019

    Immunity Allows Tribal Health Group To Slip Racial Bias Suit

    A tribal health care group has escaped a lawsuit from an Alaska Native former employee who claimed she faced racial discrimination, with a federal judge finding Wednesday that the group was immune from the claims in the case.

  • January 3, 2019

    Women’s Health Care Co. Gynesonics Nabs $75M In Financing

    Redwood City, California-based women’s health care company Gynesonics said Thursday that it pocketed $75 million in equity financing led by Bain Capital Life Sciences, funding the company's plans to sell a diagnostic imaging and symptomatic uterine tumor treatment system across the globe.

  • January 3, 2019

    17 AGs Appeal Ruling That Nixed Affordable Care Act

    The attorneys general for 16 states and the District of Columbia announced Thursday that they are appealing a controversial Texas federal court ruling last month that struck down the entire Affordable Care Act.

  • January 2, 2019

    Health Care Drove Most Of $2.9B In 2018 FCA Recoveries

    False Claims Act recoveries hit their lowest level in a decade in fiscal year 2018, with the health care and life sciences industries once again leading the way while recoveries from other industries dropped off.

  • January 2, 2019

    Firestorm Engulfs Trump's 'Int'l Pricing Index' For Drugs

    The Trump administration’s plan to base Medicare drug reimbursement on lower prices paid overseas would flout federal law and jeopardize patient treatment, drugmakers and health care providers charged in newly released letters.

  • January 2, 2019

    Allergy Co.'s Antitrust Suit Recycles Failed Trial, BCBS Says

    An antitrust suit over coverage of allergy testing and immunotherapy services is a blatant attempt to relitigate a lost trial by naming new defendants for the same conspiracy, Blue Cross Blue Shield of Louisiana told a federal court in New Orleans in a push to dismiss the suit Wednesday.

  • January 2, 2019

    UPMC Docs Cleared In Suit Over Fatal Psych Ward Shooting

    A Pennsylvania appeals court has cleared two doctors affiliated with the University of Pittsburgh Medical Center of negligently failing to involuntarily commit a man who later fatally shot one person and injured several others in a psychiatric hospital, saying the claims were improperly lodged under the state’s Mental Health Procedures Act.

  • January 2, 2019

    NJ Medical Device Co. Seeks Financing In Del. Ch. 11

    Medical device company Angel Medical Systems Inc. is set to seek approvals Friday in Delaware bankruptcy court, including for up to $2.5 million in post-petition financing, in connection with its planned Chapter 11 debt-for-equity swap.

Expert Analysis

  • Why Private Equity Has Eyes On Vision Care

    Holly Buckley

    With an aging population, significant cash-based premium business opportunities and a highly fragmented industry, the optical care space should continue buoying private equity enthusiasm well into 2019, say attorneys with McGuireWoods LLP.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • Opinion

    A Call For Nationwide Consistency On Noncompetes

    Steven Kayman

    There is something to be said for and against all of the various approaches taken to address the nettlesome problem of noncompetes. But little can be said to justify what we now have — a complex quilt work of varying laws and rules, say Steven Kayman of Proskauer Rose LLP and Lauren Davis, a law clerk with the New Jersey Superior Court​​​​​​​.

  • Calif. Ruling Dings Engagement Letter Arbitration Clauses

    Sharon Ben-Shahar Mayer

    The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.

  • Why We Should Be Interested In The New HRA Regulations

    Elliot Dinkin

    A recent proposal to expand the use of employer-funded health reimbursement arrangements is part of a larger shift from defined benefit to defined contribution health plans. The change would give employers greater flexibility in structuring such plans, thus increasing the options available to employees, says Elliot Dinkin of Cowden Associates Inc.

  • 10 Things We Wish We Were Told When Going In-House

    Dana Lee

    Attorneys at Albert Einstein College of Medicine, Perkins Coie LLP and the Healthcare Association of New York State reflect on lessons they learned the hard way when transitioning to in-house counsel positions.

  • The Virtual Law Team: Advantages For Litigants And Lawyers

    Jessica Cox

    The virtual law team was created as a necessary response to mass tort litigation — however, with advances in technology and ever-increasing specialization of the legal practice, the model should be considered in multiplaintiff litigation of any size, say attorneys at Faegre Baker Daniels LLP.

  • What Does A Split Congress Mean For Drug Pricing Agenda?

    Miranda Franco

    Democrats made drug pricing a pillar of the party’s health care agenda in the 2018 midterm elections. Now, with the majority in the House, they must confront several challenges, say Miranda Franco and Ethan Jorgensen-Earp of Holland & Knight LLP.

  • 5 Business Takeaways From The Midterms

    Mary Moore Hamrick

    Now that the midterms are over, business leaders have a little insight into the future of taxes, trade and other policy issues affecting the economy. Still, companies should remain agile as, come January, a new and divided Congress will begin to chart its course, says Mary Moore Hamrick of Grant Thornton LLP.

  • High Court Junk Fax Case Is Not Just About Junk Faxes

    David Gettings

    Depending on the U.S. Supreme Court’s eventual decision in PDR Network v. Carlton & Harris Chiropractic — a case involving junk faxes under the Telephone Consumer Protection Act — the outcome could have a profound impact on TCPA litigation nationwide, say David Gettings and Alan Wingfield of Troutman Sanders LLP.