Health

  • November 29, 2021

    J&J's Bankruptcy Move To NJ Cracks Door For Dismissal Bid

    The transfer of a Johnson & Johnson unit's bankruptcy case to New Jersey may ease talc injury claimants' quest to get the proceeding thrown out, but experts say the effort remains an uphill battle that could ultimately still prove futile.

  • November 29, 2021

    Catalent Can't Duck IP Suit Over Epilepsy Drug Vimpat

    A Kentucky federal judge on Monday denied a bid to dismiss UCB’s suit against Catalent Pharma Solutions over its importation of the active ingredient in anti-epileptic drug Vimpat, saying the complaint plausibly alleges infringement.

  • November 29, 2021

    Kansas Hospital Sues HHS Over Drug Reimbursements

    A Kansas hospital has hit the U.S. Department of Health and Human Services with a lawsuit challenging cuts made to a federal drug discount program for low-income patients, saying the cut "severely threatens" the hospital's ability to provide care.

  • November 29, 2021

    WTO Delays Talks Over IP Waiver Amid New Variant Concerns

    World Trade Organization officials have postponed in-person negotiations over a proposal to temporarily waive intellectual property protections for COVID-19 vaccines that were set to begin Tuesday, citing an attempt to avoid the spread of a new and particularly transmissible strain of the disease.

  • November 29, 2021

    Mallinckrodt Gets Ch. 11 Stay Of Acthar Suits Extended

    A Delaware bankruptcy judge agreed Monday with drugmaker Mallinckrodt PLC that more than a dozen lawsuits against the debtor relating to its marketing of Acthar gel products should be paused for an additional 90 days so that plan confirmation proceedings aren't derailed in the coming weeks.

  • November 29, 2021

    Polsinelli Snags Health Care Atty From Nossaman

    Polsinelli PC tapped a health care lawyer from Nossaman LLP to be a shareholder in its San Francisco office.

  • November 24, 2021

    Hagens Berman Stalling Thalidomide Suits Probe, Clients Say

    Hagens Berman Sobol Shapiro LLP obstructed a special master's investigation into thalidomide birth-defect suits, acting in its own self-interest rather than the clients' interest and trapping them in "litigation limbo," a group of clients said in a Pennsylvania federal court breach of fiduciary duty complaint Wednesday.

  • September 07, 2021

    CORRECTED: Ex-NFL Players Reveal Alleged Drug System

    Former NFL players claiming that the league forced them to take painkillers to keep playing filed an unredacted version of their failed class certification bid Tuesday, a filing that reveals details of the NFL's alleged decades-long system for doling out various drugs — including Toradol, Vicodin, Valium and Ambien.

  • November 24, 2021

    Gulf Coast Defuses Ch. 11 Loan, Site Management Disputes

    Bankrupt Gulf Coast Health Care reached agreements Wednesday on amendments to a proposed $25 million case financing loan and management change agreement for 24 of the nursing home chain's sites in Florida and Mississippi, after two days of wrangling over insider benefits and creditor claim restrictions.

  • November 24, 2021

    Surgical Robot Co. Must Face Instruments Antitrust Claims

    Medical robot maker Intuitive Surgical cannot walk away from claims that it's tripped over antitrust laws by making it nearly impossible for other companies to repair or refurbish instruments its robots use during surgeries, a California federal court declared Tuesday.

  • November 24, 2021

    5th Circ. Freezes Texas Judge's School Mask Mandate Ruling

    The Fifth Circuit on Wednesday sided with Texas, agreeing to temporarily halt a district judge's permanent injunction in favor of a group of medically vulnerable children who argued the governor's executive order prohibiting mask mandates statewide violated the Americans with Disabilities Act.

  • November 24, 2021

    Real Estate Rumors: Brookwood, SRM Development, Tricera

    Brookwood Financial Partners has reportedly paid $29.1 million for a Florida office building, SRM Development is said to be planning a senior housing project in California, and Tricera Capital is said to have paid $20 million for a Florida office building.

  • November 24, 2021

    Reed Smith Steers Fintech-Oriented SPAC's $250M IPO Filing

    Athena Technology Acquisition II, a special-purpose acquisition company targeting fintech, enterprise and health-tech industries, filed plans Tuesday for a $250 million initial public offering, with guidance from Reed Smith and underwriters' counsel Shearman & Sterling.

  • November 24, 2021

    7th Circ. Tosses Iraq War Vet's VA Suit As Duplication

    The Seventh Circuit has thrown out a suit from an Iraq War veteran alleging the U.S. Department of Veterans Affairs was negligent in its treatment of her before and after a "botched" breast reduction surgery, saying the Wisconsin district court was right to find it was a duplication of a previous suit.

  • November 24, 2021

    Convicted Ex-Insys Execs Must Pay $48.3M To Victims

    Federal prosecutors in the Insys Therapeutics Inc. opioid kickback case won a fight over how much the founder and former executives owe victims, as a Boston federal judge on Tuesday ordered up the $48.3 million restitution sum requested by the government.

  • November 24, 2021

    Gordon & Rees Snaps Up Veteran Litigator In Nevada

    Gordon & Rees LLP has bolstered its ranks with the addition of a seasoned trial lawyer from Thorndal Armstrong Delk Balkenbush & Eisinger who will add to its litigation, insurance, health and ERISA teams.

  • November 24, 2021

    Novartis Wants Atty DQ'd From MS Drug Patent Row In Del.

    Novartis Pharmaceuticals Corp. asked a Delaware federal court to disqualify a lawyer representing another pharmaceutical company that has filed a patent infringement suit against it related to a multiple sclerosis drug, saying the attorney is a key witness in the litigation.

  • November 24, 2021

    Teva Attorneys Leave Goodwin Procter For Greenberg Traurig

    Two attorneys for Teva Pharmaceuticals USA Inc. and partners at Goodwin Procter LLP, including the former head of its New York litigation department, have joined Greenberg Traurig LLP's New York office, where they'll focus on matters involving consumer products.

  • November 24, 2021

    Pharma Biz Hits Back At Contractors In Contamination Row

    A pharmaceutical company has hit back at a construction company and a contractor that it is suing for negligence, arguing that a contractual exemption they are claiming does not apply.

  • November 23, 2021

    Holmes Admits Adding Pfizer Logo To Reports For Walgreens

    Elizabeth Holmes expressed regret during her day-long examination in her criminal fraud trial Tuesday over mistakes she made while serving as Theranos' CEO, including adding Pfizer and Schering-Plough logos to Theranos validation reports before sending them to Walgreens' executives, but she defended her actions as well-intended.

  • November 23, 2021

    Despite Jury Win, Opioid Attys Predict 'A Long Way To Go'

    A jury's landmark finding that major pharmacy chains fueled the opioid crisis in Ohio was a badly needed win for governments in nationwide opioid litigation, but experts cautioned that a gauntlet of appeals awaits — something that plaintiffs attorneys themselves immediately acknowledged.

  • November 23, 2021

    Pfizer Says Employee Stole Confidential Docs On COVID Vax

    Pfizer Inc. said Tuesday that it was investigating a longtime employee who it believes downloaded thousands of documents containing confidential information, some of which is related to the pharmaceutical giant's COVID-19 vaccine, according to a suit filed in California federal court.

  • November 23, 2021

    Ga. Dental Board Members Try Again To Toss SmileDirect Suit

    After losing a bid for immunity at the Eleventh Circuit, members of Georgia's dental board are trying again to duck a suit from SmileDirectClub LLC challenging regulations the teeth alignment outfit claims are anti-competitive.

  • November 23, 2021

    Pet Care Co. Hit With ERISA Suit Over Retirement Plan Fees

    Animal hospital operator VCA Inc. was hit with a proposed class action in California federal court by a group of former retirement plan participants who claimed the company violated ERISA by making them pay superfluous administrative fees despite the $563 million plan's negotiating power.

  • November 23, 2021

    Fed. Circ. Says Why It Revived IP Case Against Fujifilm

    The Federal Circuit on Tuesday provided more insight into its decision to revive a patent suit from a research organization affiliated with a Florida university against Fujifilm Medical Systems over digital mammography machines and explained how a Connecticut judge read the law wrong on license agreements.

Expert Analysis

  • 3 Practice Tips For Patenting Medical Devices In A Digital Age

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    In light of a recent surge in digital therapeutic applications that help manage or treat diseases, there are several best practices to follow when patenting medical devices and software, including improving upon existing technology and making the claims as specific as possible, say attorneys at Crowell & Moring.

  • How To Minimize FCA Cyber Fraud Enforcement Risk

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    As the U.S. Department of Justice’s new Civil Cyber-Fraud Initiative signals a rise in False Claims Act enforcement and whistleblower actions for cybersecurity-related fraud, government contractors and grantees should take five preventative steps to mitigate increased risks, say Brenna Jenny and Sujit Raman at Sidley.

  • Best Practices For Hiring And Integrating Freelance Lawyers

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    Law firms and legal departments that hire temporary attorneys for certain projects can make the most of their contract talent by ensuring the right fit at the time of recruitment, setting expectations among in-house team members, and being strategic about work distribution, says Leslie Firtell at Tower Legal Solutions.

  • Case Law, EEOC Guidance Bolster Employer Vax Mandates

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    Despite legal and logistical challenges presented by employees not vaccinated against COVID-19, recently updated guidance from the U.S. Equal Employment Opportunity Commission, as well as court decisions skeptical of workers’ efforts to avoid inoculation, provide ample support for companies that choose to issue mandates, say Sarah Turner and Robert Gillette at Gordon Rees.

  • Series

    Insurance Commissioner's Agenda: NY On Industry Diversity

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    My Chi To, executive deputy superintendent of the New York State Department of Financial Services Insurance Division, discusses steps her agency is taking to promote diversity, equity and inclusion within the insurance industry and suggests practices for companies to consider adopting.

  • Series

    Embracing ESG: Cognizant Counsel, CSO Talk Collaboration

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    Leveraging the general counsel's nuanced view of a company’s strengths and weaknesses, and aligning it with the chief sustainability officer’s focus on long-term environmental and social macro trends, can help shape the values and direction of a company, say John Kim and Sophia Mendelsohn at Cognizant.

  • What To Know As DOJ Increases Use Of HIPAA Subpoenas

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    In light of the U.S. Department of Justice's increased use of Health Insurance Portability and Accountability Act subpoenas in COVID-19 enforcement and investigations, defense attorneys should recognize the tool's limitations to ensure that the government does not overreach its authority, say Vikas Khanna and Scott Resnik at Katten.

  • How Labor Law May Affect Your COVID Vaccine Mandate

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    Daniel Johns at Cozen O’Connor outlines the labor law considerations companies should remember when mandating COVID-19 vaccines in the workplace, particularly with regard to employers’ duty to bargain with unions, and employees’ rights to engage in concerted protected activity to protest such requirements.

  • Contractors Can Preserve Rights Amid Vax Mandate Rollout

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    As federal contractors may soon receive modifications incorporating a COVID-19 vaccine mandate, they should be thinking about what types of costs they may incur as a result and understand how to preserve any rights to price adjustments, say Shlomo Katz and Andrew Crawford at Brown Rudnick.

  • Planning Tips For Health Care Construction Projects

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    As many health care facilities plan expansions due to pandemic-era capacity constraints, designers, contractors and other construction parties must take into account several factors that can affect a project, including public procurement statutes, safety requirements and delivery models, say John Spangler and Deborah Cazan at Alston & Bird.

  • CMS Organ Transplant Proposal Must Balance Reform, Access

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    The Centers for Medicare & Medicaid Services' proposed changes to organ acquisition payment policies are laudable for attempting to ensure accurate payments, but may have unintended negative effects on organ availability, say Melodie Hengerer and Tenia Clayton at Baker Donelson.

  • Opinion

    Lawyers Can And Should Commit To Climate Action

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    It is time for lawyers to stop hiding behind moral nonaccountability in the face of climate chaos, as attorneys have the power to fight for environmental justice with the clients they choose to represent, policy research and more, say members of Law Students for Climate Accountability.

  • FCA Ruling Guides Insureds On Classifying Restitution Costs

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    In Astellas v. Starr Indemnity, an Illinois federal court recently held that a False Claims Act settlement qualified as insurable compensatory damages, not uninsurable disgorgement, providing an important guide to policyholders navigating the tax code's deductibility requirements and insurance policy exclusions, say attorneys at Reed Smith.

  • Series

    Confronting Origination Credit: Why GCs Need To Speak Up

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    In order to promote diversity and inclusion in the legal profession, in-house counsel should leverage their influence by talking to their outside firms about fair origination credit allocation, because many law firm compensation systems are still shrouded in mystery, and underrepresented attorneys often face entrenched inequities, says Michelle Banks at BarkerGilmore.

  • What Blockchain Means For The Future Of US Health Care

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    As the U.S. plays catchup with other countries that have introduced blockchain into their health care systems, the technology is poised to drastically change the industry's revenue cycles, data management and beyond, which will result in better care for patients and more assurance for provider reimbursements, say Michael Ruggio and Jacob Butz at Ice Miller.

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