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Health

  • September 27, 2018

    Five Cos. Price IPOs Totaling $483M Led By 3 Biotech Firms

    Five companies debuted in public markets on Thursday after pricing initial public offerings that raised $483 million combined, led by three biotechnology firms, the dominant industry behind this week's surge in IPOs.

  • September 27, 2018

    Pa. Doc's TCPA Row With Sanofi Timely, 3rd Circ. Told

    A Pennsylvania ophthalmologist whose company sued Sanofi Pasteur Inc. over an unsolicited fax urged the Third Circuit to undo a district court’s finding that his class action was time-barred, arguing Thursday that the suit was timely under a tolling doctrine that pauses the statute of limitations.

  • September 27, 2018

    ActiveCare Ch. 11 Sale Delayed Amid Potential Claim Issues

    After it seemed the Chapter 11 sale of diabetes patient monitoring company ActiveCare Inc. to stalking horse bidder Telcare Inc. was ready to be finalized Thursday, a Delaware judge delayed signing off on an order until parties could work out details related to potential cure claims.

  • September 27, 2018

    Construction Co. Gets Army Facility Contract Suit Trimmed

    A construction joint venture dodged a claim Wednesday that it improperly made significant changes to a U.S. Army project subcontract because it had agreed to those changes with an electrical subcontractor after a fire.

  • September 27, 2018

    Pa. Can't Hide Medical Marijuana Permit Reviewers' Names

    A Pennsylvania appeals court upheld a decision Thursday requiring the state’s Department of Health to release the names of individuals tasked with reviewing applications as part of a medical marijuana permitting process that has faced criticism for a lack of transparency.

  • September 27, 2018

    Suit From CVS, Others To End Opioid Tribal Court Case Axed

    An Oklahoma federal judge has tossed a lawsuit from drug distributor McKesson Corp., CVS and other companies to stop an effort in tribal court to make them pay for the opioid crisis, finding that the claims are moot since the Cherokee Nation dismissed its tribal court case.

  • September 27, 2018

    Aetna Sells Medicare Biz Amid Review Of $69B CVS Deal

    Aetna will sell its stand-alone Medicare prescription drug plan business to WellCare, as it looks to secure approval from antitrust regulators for its anticipated $69 billion sale to CVS, according to a Thursday filing with the U.S. Securities and Exchange Commission.

  • September 27, 2018

    Fidelity Leads Ultrasound Co.'s $250M Funding Round

    Ultrasound technology company Butterfly Network Inc. said Thursday it has raised $250 million in funding led by Boston-based asset manager Fidelity Investments Inc. that will help create new technologies and hire new employees.

  • September 27, 2018

    Supreme Court To Weigh HHS Billing Notice Duties

    The U.S. Supreme Court on Thursday agreed to decide whether the U.S. Department of Health and Human Services must engage in formal rulemaking before instructing its billing contractors on Medicare reimbursement policies.

  • September 26, 2018

    McKesson Is Roped Into Generic-Drug Price-Fixing Row

    McKesson Corp. earned billions of dollars by cooperating with an industrywide price-fixing conspiracy among generic-drug makers, according to a proposed class action Tuesday that appeared to be one of the first suits linking a drug distributor to multidistrict litigation over alleged drugmaker collusion.

  • September 26, 2018

    Insurer Asks Del. Justices To Reverse $16M Damages Ruling

    A Delaware court’s nearly $16 million award against Homeland Insurance Co. should be reversed for use of the wrong state’s law, a time-barred claim and a dearth of damages evidence, the insurer told Delaware’s Supreme Court on Wednesday.

  • September 26, 2018

    PwC Escapes Valeant Investors' $80B Price-Gouging Suit

    A New Jersey federal judge Wednesday dismissed PricewaterhouseCoopers LLP from a price-gouging suit from Valeant Pharmaceuticals shareholders, finding that the investors failed to allege a motive to commit fraud. 

  • September 26, 2018

    Dental Orgs Had A Monopoly On Certifications, Suit Says

    The United States Board of Oral Implantology accused its competitors of monopolizing the right to grant specialist certification in oral implantology, reducing competition and setting prices for implant services, courses and materials above competitive levels, according to a complaint filed Tuesday in Illinois federal court.

  • September 26, 2018

    FCC Hits Telemarketers In $120M Spoofing Crackdown

    The Federal Communications Commission on Wednesday hit two telemarketers with $120 million in fines and proposed penalties for "spoofing" or manipulating caller ID information to make sales calls harder to track.

  • September 26, 2018

    Pa. Opioid Addiction Treatment Center Hit With OT Suit

    A Pittsburgh-area opioid addiction treatment provider failed to pay its employees overtime or track all of their hours, according to a proposed class action suit filed Tuesday in federal court.

  • September 26, 2018

    House Passes $857B Bill To Fund Defense, Avert Shutdown

    The U.S. House of Representatives on Wednesday easily passed an $857 billion bill funding federal defense, labor and health spending for 2019 as well as temporarily funding other federal programs, sending the bill to President Donald Trump to be signed into law and stave off a federal shutdown.

  • September 26, 2018

    Allergan Medicaid Rebate Suit Redo Denied At 3rd Circ.

    The Third Circuit on Wednesday again refused to revive a pharmaceutical executive's suit claiming Allergan Inc. and other drug manufacturers shorted the federal government on drug rebate payments.

  • September 26, 2018

    DOL Rule Would Loosen Limits On Teens' Health Care Jobs

    The U.S. Department of Labor has said it will publish 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, the department said in an announcement on Wednesday.

  • September 26, 2018

    Express Scripts Overcharged Attys For Records, Suit Says

    A Pennsylvania man on Tuesday filed a proposed federal class action lawsuit against Express Scripts Inc., accusing the company of overcharging lawyers and records companies for copies of patients' prescription drug histories.

  • September 26, 2018

    Ex-CVS Workers Can't Press PAGA Suit After Ceding Claims

    Two ex-CVS pharmacy workers can’t sue the chain under a California law letting workers prosecute labor law violations on the state’s behalf because they waived parallel civil claims, a California federal judge said Tuesday in an order tossing part of a suit alleging CVS stiffed a group of workers on training pay and expense reimbursement.

Expert Analysis

  • New Agency Insights On Independent Contractors

    Jeffrey Winchester

    While a recent bulletin from the U.S. Department of Labor and a decision from the New York State Unemployment Insurance Appeal Board are of limited, if any, precedential value in the court system, companies would be well-advised to keep in mind the factors outlined in both when addressing questions related to independent contractors and the employer-employee relationship, says Jeffrey Winchester of Fisher Phillips.

  • Opinion

    TCPA: An Antiquated Law That Needs To Be Fixed

    David Carter

    After years of bearing witness to an influx of Telephone Consumer Protection Act litigation, reading nearly every TCPA opinion issued by the federal courts and talking with countless businesses, my conclusion is that the TCPA fails to reach its primary goal of protecting consumers from unwanted calls, says David Carter of Innovista Law PLLC.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • Will Congress Actually Address Health Care?

    Radha Mohan

    Since the GOP’s failed attempt to repeal the Affordable Care Act last year and the elimination of the individual mandate in the Tax Cuts and Jobs Act, Republicans and Democrats have struggled to address problems in the health care system. Although bills recently passed by the House contain a few provisions with bipartisan support, they face an uphill battle for passage in the Senate, says Radha Mohan at Brownstein Hyatt Farber Schreck LLP.

  • The State Of Medicare Secondary Payer Act Litigation

    Laura Besvinick

    The certainty that tort liability settlements generally brought liability insurers in decades past has waned because of the Medicare Secondary Payer Act. And as MSP Act reimbursement actions wind through courts nationwide, plaintiffs’ recovery theories continue to morph, say Laura Besvinick and Julie Nevins of Stroock & Stroock & Lavan LLP.

  • 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.