• November 29, 2017

    Siemens Picks Frankfurt For 2018 IPO Of Health Care Unit

    German industrial conglomerate Siemens AG said Wednesday its board of directors selected the Frankfurt Stock Exchange for the long-awaited initial public offering of the company’s health care technology unit, targeting the spinoff for the first half of 2018.

  • November 29, 2017

    Calif. Appeals Court Upholds BOE's $17M Sales Tax Reshuffle

    A California appeals court reversed a lower court ruling Tuesday, saying a decision by the state’s Board of Equalization over a $17 million sales tax dispute among three cities should have been left intact.

  • November 29, 2017

    On Rehearing, Fla. Panel Reverses Allstate PIP Win

    A Florida appeals court on rehearing Wednesday reversed a win for Allstate Insurance Co. over its personal injury protection policy language on Medicare fee schedules, ruling it should not have retroactively applied a state Supreme Court decision to the case.

  • November 29, 2017

    Feds Seek 30 Years For Fla. Eye Doc's $32M Medicare Fraud

    Federal prosecutors are seeking a 30-year prison sentence for Florida ophthalmologist Salomon Melgen, who was found guilty of overbilling Medicare by $32 million, telling the court Tuesday that a lengthy imprisonment is needed to account for his “truly horrific” crimes and to deter similar offenses.

  • November 29, 2017

    Philly Doctor, Staffer Accused Of Running Opioid Pill Mill

    A doctor and his receptionist were accused of operating an opioid pill mill out of his Philadelphia office, allegedly charging hundreds of dollars for each prescription without offering patients any kind of medical service, according to an indictment unsealed in Pennsylvania federal court Tuesday.

  • November 29, 2017

    KKR Collects $1.45B For Health Care PE Fund

    New York-based KKR & Co. LP has clinched a $1.45 billion investment vehicle that will focus on health care businesses based in the Americas, according to a Wednesday statement from the private equity giant.

  • November 28, 2017

    J&J Unit Didn't Provide Pelvic Mesh Warning, Witness Says

    Johnson & Johnson unit Ethicon began selling a pelvic mesh product in 2005 without giving doctors a warning related to patient sexual intercourse, according to testimony Tuesday at a New Jersey state court trial over claims the device caused a woman debilitating pain.

  • November 28, 2017

    Geico Seeks $15M Paid To Fla. Med Group For 'Fake' Claims

    Geico filed a federal lawsuit Monday seeking to recover more than $15 million it paid out to Florida-based chiropractic network Path Medical LLC for allegedly fraudulent insurance claims.

  • November 28, 2017

    Firm Must Face Ex-Client's Suit Over Missed Deadline To Sue

    An Illinois federal judge ruled Tuesday that a Florida law firm must face a malpractice suit concerning its withdrawal from representation of a wrongful-death plaintiff that then missed a statute-of-limitations cutoff, saying the claims are good enough to pass initial hurdles.

  • November 28, 2017

    Hospital Asks Texas Justices To Nix Ex-Worker’s Award

    Methodist Healthcare System Ltd. LLP told the Texas Supreme Court on Monday it should review decisions by a trial court and lower appellate court to affirm an arbitration award in favor of an ex-employee who alleged she was fired for discriminatory reasons because the arbitrator clearly acted outside his authority.

  • November 28, 2017

    Health Equip. Co. Asks 6th Circ. To Toss Fire Death Verdict

    A Tennessee federal court erred on the way to a $2.5 million jury verdict against a medical equipment provider over an elderly man’s death in a fire, the provider told the Sixth Circuit on Monday, arguing claims from the man’s son should’ve been dismissed and a new trial is warranted.

  • November 28, 2017

    Trump Admin. Draws Fire Over ACA Benefit Changes

    The Trump administration is facing sharp criticism from hospitals, doctors and health insurers over proposed leeway for states to set coverage for the Affordable Care Act’s “essential health benefits,” newly released letters show.

  • November 28, 2017

    Feds Point To Email Trove In Ex-Katten Atty Fraud Trial

    Prosecutors in the trial of ex-Katten Muchin attorney Evan Greebel blanketed the jury Tuesday with email exchanges with his notorious former client Martin Shkreli discussing numerous settlement agreements that prosecutors say were wrongly used to pay off deceived investors in Shkreli’s hedge funds with assets of Retrophin Inc.

  • November 28, 2017

    FDA Warning Wire: Issues At Pharmacy Linked To Vision Loss

    A compounding pharmacy linked to patients with post-surgical vision problems was found to be using grapeseed oil in some of its products, a South Korean maker of a homeopathic smoking cessation aid wasn't screening its ingredients, and a prominent California hospital had clean room lapses, according to the U.S. Food and Drug Administration. Here's this week's roundup of the agency's enforcement actions.

  • November 28, 2017

    Budget Committee Vote Sends Tax Bill To Full Senate Floor

    Republicans on the Senate Budget Committee advanced closer to enacting a $1.4 trillion tax cut bill on Tuesday with a vote in favor of merging the bill with recommendations from Sen. Lisa Murkowski, R-Alaska, to permit drilling in the Arctic National Wildlife Refuge.

  • November 28, 2017

    VA Neglecting Payout Reimbursement Requirement, OIG Says

    Despite being about $226 million in the hole to the U.S. Department of the Treasury for money paid out for disputes over hospital construction contracts, the U.S. Department of Veterans Affairs has failed to request adequate funds from Congress to make up the shortfall, a VA watchdog said Tuesday.

  • November 28, 2017

    Warren Asks Trump's HHS Pick About ACA, Drug Prices

    U.S. Sen. Elizabeth Warren of Massachusetts sent a letter Tuesday to the nominee for secretary of the U.S. Department of Health and Human Services in advance of a confirmation hearing, raising concerns about his time at Eli Lilly & Co. and his “outspoken criticism” of the Affordable Care Act, among other things.

  • November 28, 2017

    Pa. Judge's Suit Over Book Portrayal Sent To Home Court

    A Pennsylvania federal court agreed Tuesday that a defamation lawsuit brought by a Philadelphia County judge over his portrayal in a book about the infamous murder trial of abortion provider Kermit Gosnell could be heard in his home court.

  • November 28, 2017

    Exercise Council Says Insurer Owes $2M In TM Suit Coverage

    The American Council on Exercise told a California federal court Monday that a Chubb subsidiary is refusing to pay the nearly $2 million the group spent defending against a trademark suit.

  • November 28, 2017

    Clinic, Docs To Pay $1.2M To End Stress-Test FCA Row

    A California cardiology clinic and its five shareholder physicians agreed to pay $1.2 million to resolve False Claims Act allegations that they improperly performed and billed federal and state health care programs for unnecessary and risky heart stress tests, according to a statement by U.S. Attorney Phillip A. Talbert on Tuesday.

Expert Analysis

  • Series

    Judging A Book: Pryor Reviews 'Scalia Speaks'

    Judge William Pryor

    Christopher Scalia and Edward Whelan have published an indispensable collection of the late Justice Antonin Scalia's best speeches. "Scalia Speaks: Reflections on Law, Faith, and Life Well Lived" puts on full display Justice Scalia’s skilled writing, quick wit and uncommon wisdom on a wide range of topics — from law to turkey hunting, says Judge William Pryor of the Eleventh Circuit.

  • Arbitration Agreements And FCA: Lessons From 9th Circ.

    Scott Oswald

    In a False Claims Act case last month, the Ninth Circuit rejected a company’s attempt to push its former employee into arbitration under a very broadly worded agreement that she had signed at hiring. The My Left Foot ruling offers some pointers for employees wishing to avoid the tilted field of forced arbitration, say Scott Oswald and Andrew Witko of The Employment Law Group PC.

  • Financial Crisis Anniversary

    The Inside Counsel Revolution

    Ben Heineman

    The role of the general counsel has significantly grown in importance, with the GC now often replacing the senior partner in the outside law firm as the primary counselor for the CEO and the board. This inside counsel revolution was given great impetus by the financial crisis that started 10 years ago, says Ben Heineman Jr., former general counsel of General Electric Co.

  • How Arbitrators Maintain Proportionality In Discovery

    Richard Seymour

    There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.

  • The Revolution Of Employer-Sponsored Health Insurance

    Eric Schillinger

    Last week, President Donald Trump issued an executive order regarding the federal laws governing health care and insurance. The order itself does not change the existing rules, but it has the potential to fundamentally transform how employers provide employer-sponsored health insurance, says Eric Schillinger of Trucker Huss APC.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • The Rise Of Employee Religious Discrimination Claims

    Barbara Hoey

    Many employers are seeing an increase in requests for religious accommodations. Several recent court decisions and statistics from the U.S. Equal Employment Opportunity Commission provide insight into the rise in claims related to these requests, and the importance of employers understanding their obligations to accommodate, say Barbara Hoey and Alyssa Smilowitz of Kelley Drye & Warren LLP.

  • Evolution Of A Crisis: Opioid Claims Pick Up Speed

    Adam Fleischer

    On Sunday, the results of a six-month joint investigation by "60 Minutes" and The Washington Post concluded that "the drug industry, with the help of Congress, turned the opioid epidemic into a full blown crisis." In the coming months, insurers and pharmacy benefit managers are expected to undertake new and innovative efforts to control and disincentivize the use and prescription of opioids, says Adam Fleischer of BatesCarey LLP.