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Health

  • July 31, 2018

    Govs. Threaten Legal Action If Title X Changes Become Law

    The Democratic governors of New York, Oregon and Washington said they would have no choice but to take legal action if the Trump administration moves forward with proposed changes to the Title X family-planning program that would pull funding for Planned Parenthood.

  • July 31, 2018

    DC Circ. Says Nurses' Election OK Despite Quorum Question

    The D.C. Circuit on Tuesday rejected a California hospital’s challenge to a nurses’ union election, ruling the National Labor Relations Board correctly decided that regional directors could conduct elections even if the labor board lacked the three-member quorum it needs to operate.

  • July 31, 2018

    Texas Therapists Ink Settlement With FTC Over Pay Rates

    The Federal Trade Commission said Tuesday that a Texas staffing company for therapists and the former owner of a rival have settled charges that they colluded to keep pay rates low and had asked other companies to join the scheme. 

  • July 31, 2018

    Telehealth Program Could Combat Opioids, FCC's Carr Says

    An upcoming Federal Communications Commission inquiry into internet-connected patient monitoring and other health care services could offer more resources for reaching veterans and people struggling with opioid addiction, FCC Commissioner Brendan Carr told a Washington, D.C., audience Tuesday.

  • July 31, 2018

    Merck Says Vaccine Bundles Caused Low Prices, Not Harm

    Merck Sharp & Dohme Corp.'s bundling of pediatric vaccines isn’t anti-competitive because it kept prices at “rock bottom” and didn’t block other companies from competing, the drugmaker told a Pennsylvania federal court Monday in a bid to boot a proposed class action.

  • July 31, 2018

    Feds Can't Medicate Immigrant Kids Without Consent

    A California federal judge has ordered the Trump administration to transfer all but the most unstable foreign-born minors out of a Texas residential treatment center, adding that the federal government may not medicate the children with psychotropic drugs without getting consent first.

  • July 30, 2018

    UPS Freight CBA Discriminates Against Disabled Drivers

    UPS Ground Freight Inc. discriminated against medically disqualified drivers by paying them less than those who are disqualified due to convictions for driving while intoxicated, a Kansas federal judge said Friday, granting a permanent injunction requested by the Equal Employment Opportunity Commission.

  • July 30, 2018

    Atty Owes Doctor $8M In Malicious Prosecution Case

    An Arizona jury has awarded what a plaintiff's attorney called a record $8 million to a physician who claimed that a medical malpractice suit wrongfully alleged that he intentionally caused a patient’s death and amounted to malicious prosecution, putting the Las Vegas-based attorney who filed the suit on the hook for compensatory and punitive damages.

  • July 30, 2018

    NJ Town Can't Retroactively Tax Hospital, Court Says

    A New Jersey town has lost its bid to impose taxes on a hospital for two omitted years when the state Tax Court ruled that to end a tax exemption, the owner of the property at issue has to have changed its use.

  • July 30, 2018

    Trump Nominates EY Cybersecurity Exec For VA Tech Chief

    President Donald Trump on Friday nominated senior Ernst & Young cybersecurity official James Gfrerer as the U.S. Department of Veterans Affairs’ new technology chief, a position that has sat vacant for more than year despite a pending $10 billion electronic health record overhaul.

  • July 30, 2018

    Law Firm, Co. Hit With Terminating Sanctions In TM Row

    A California federal judge hit Koi Design LLC and A. Douglas Mastroianni of Mastroianni Law Firm with terminating sanctions in litigation over a trademark dispute, reprimanding the medical scrubs manufacturer and the law firm for failing to pay monetary sanctions from May.

  • July 30, 2018

    $12B ACA Case Needs Full Fed. Circ. Review, Insurers Say

    The full Federal Circuit should review a panel ruling that let Congress withhold $12 billion in promised Affordable Care Act funding, health insurers said Monday, arguing that the ruling flouted precedent and paved the way for lawmakers to shirk future commitments.

  • July 30, 2018

    FDA Rejects Insys Painkiller Spray Over Safety Concerns

    The U.S. Food and Drug Administration has rejected Insys Therapeutics Inc.'s new opioid painkilling spray over potential safety concerns, the company said.

  • July 30, 2018

    DNA Data Co. Wants Cooley Out Of Trade Secrets Suit

    A health and genetics data company has urged a California federal court to disqualify Cooley LLP from representing a former executive in a trade secrets suit, arguing Cooley has a conflict of interest because it represented the company in a previous trade secrets dispute.

  • July 30, 2018

    NC Home Care Co. Must Pay $2.2M For Medicaid Fraud

    A North Carolina federal judge entered a $2.17 million judgment Monday against Compassionate Home Care Services Inc., its owner and her son in a suit claiming they submitted fraudulent Medicaid claims, ruling in favor of the damages and penalties requested following a jury verdict.

  • July 30, 2018

    Real Estate Rumors: Extell, Prisma, AW Property

    Extell Development has reportedly landed $530 million in financing for a Brooklyn project, Prisma Properties is said to have picked up a Florida retail building for $7.5 million, and AW Property has reportedly dropped $11.5 million on a Florida medical office building.

  • July 30, 2018

    FDA Sounds Alarm Over 'Vaginal Rejuvenation' Treatments

    The U.S. Food and Drug Administration on Monday alerted patients and physicians to unproven treatments promising “vaginal rejuvenation” and released seven letters that questioned device companies over their marketing practices.

  • July 30, 2018

    Estes Thorne Lures Back Ex-Dallas Hospital GC

    Dallas-based Estes Thorne & Carr PLLC has announced that a health care attorney and former hospital general counsel has rejoined the firm as a partner in its health care regulatory compliance practice group.

  • July 30, 2018

    Carlyle Taps Simpson Thacher For $18.5B Private Equity Fund

    The Carlyle Group, with assistance from Simpson Thacher & Bartlett LLP, has clinched an $18.5 billion private equity fund that will invest in companies within realms including aerospace and defense, consumer and retail, health care, industrial and transportation, technology, and media and telecommunications, according to a Monday statement.

  • July 30, 2018

    Akerman Adds Greenberg Traurig’s Cybersecurity Pro

    Akerman LLP has hired a Greenberg Traurig shareholder to the firm’s national consumer financial services practice group, where she will serve as co-chair of Akerman’s privacy, cybersecurity and emerging technologies team, the firm said Friday.

Expert Analysis

  • FTC In Full Force: What To Expect From New Leadership

    Lucy Morris

    While headlines proliferate about the recent political shake-ups at the nascent Consumer Financial Protection Bureau, the century-old Federal Trade Commission, with less fanfare, finally has a full slate of five commissioners for the first time since 2015, say Lucy Morris and Kavitha Subramanian of Hudson Cook LLP.

  • Insights From State AG Coordinated Opioid Investigation

    Richard Lawson

    Much ink has been and will be spilled over the merits and complexities of the lawsuits brought against opioid manufacturers by 23 state attorneys general. However, for any company engaged in a consumer-facing industry, the progress of the recent multistate investigation offers lessons on what to expect when subject to this type of inquiry, says Richard Lawson of Manatt Phelps & Phillips LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Options For Failing Marijuana Cos. And Their Creditors

    Brett Theisen

    In the marijuana industry, there is ambiguity surrounding failing businesses because the product remains illegal under federal law. Brett Theisen of Gibbons PC identifies the credit risks associated with lending to, or working with, a marijuana business and highlights key state law solutions for both debtors and creditors.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • Curious Case Of The Class Cert. Evidentiary Standard: Part 2

    Robert Sparkes

    The majority of circuit courts that have addressed the issue have made clear that district courts should not consider inadmissible evidence when evaluating motions for class certification. In the final part of this series, Robert Sparkes of K&L Gates LLP​​​​​​​ presents a critique of the minority viewpoint as recently adopted by the Ninth Circuit in Sali v. Corona Regional Medical Center.

  • Curious Case Of The Class Cert. Evidentiary Standard: Part 1

    Robert Sparkes

    Can courts consider only admissible evidence at the class certification stage, or are motions for class certification governed by looser evidentiary standards? Robert Sparkes of K&L Gates LLP​​​​​​​ discusses the divergent decisions from the U.S. circuit courts of appeals addressing this issue, both in the context of expert and nonexpert evidence.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.

  • Examining Leadership Structure For Innovation Subsidiaries

    Michael Peregrine

    Many leading health care systems are considering subsidiaries to pursue innovation-related activities and investments. However, such entrepreneurialism is not always a “clean fit” with traditional principles of corporate governance, particularly those in the nonprofit sector, say Michael Peregrine of McDermott Will & Emery LLP and David Nygren of Nygren Consulting.

  • The Latest On State-Level Noncompete Reform

    Kevin Burns

    Since the White House’s “call to action” for state restrictive covenant reform, over a dozen states have proposed and enacted laws reforming their use by employers. As more and more states answer the “call” and alter an already inconsistent legal landscape, employers that use these types of agreements should review them to ensure compliance, say Kevin Burns and Brian Ellixson of Fisher Phillips.