Health

  • October 19, 2020

    Trump Admin. Hit With Another Suit Over Vaccine Contracts

    A nonprofit is suing the Trump administration for withholding details about billion-dollar contracts with Moderna, Regeneron and other pharmaceutical giants for COVID-19 vaccine development and manufacturing.

  • October 19, 2020

    15 Minutes With Change Healthcare's General Counsel

    During the past seven months at Change Healthcare, general counsel Loretta Cecil and her legal team have acted as "the emergency room in the time of a pandemic." Here, she shares more about the novel issues her department has handled, and what she's worried about for the rest of 2020. This interview has been edited for clarity and length.

  • October 19, 2020

    No, COVID-19 Isn't Slipping Through Your N95, OSHA Says

    The Occupational Safety and Health Administration confirmed Monday that an N95 respirator is effective at protecting the wearer from COVID-19, debunking fears that the virus that causes the disease is too small to be trapped by the filter.

  • October 19, 2020

    MVP: Debevoise's Maura Kathleen Monaghan

    Maura Kathleen Monaghan of Debevoise & Plimpton LLP represented former directors and shareholders of Purdue Pharma in nationwide litigation over the prescription opioid crisis, securing her a spot as one of Law360's 2020 Health Care MVPs.

  • October 19, 2020

    Latham Steers Tech, Health Care-Focused Fund's $1.8B Close

    Lower middle market-focused private equity firm LLR Partners, with guidance from Latham & Watkins LLP, said in a news release Monday it has secured $1.8 billion for its sixth fund, which will invest in the health care and technology sectors.

  • October 18, 2020

    Wilkinson Walsh Helps Mo. Inmates Get Lifesaving Treatment

    In Wilkinson Walsh LLP's first major pro bono case, the litigation boutique joined forces with two nonprofit advocacy groups to win a landmark $50 million settlement in which the Missouri Department of Corrections and its prison health care provider agreed to give inmates suffering from hepatitis C much-needed treatment.

  • October 16, 2020

    In Their Own Words: Being A Woman In BigLaw

    Firms are recruiting more women than previously to their ranks, but still have trouble retaining them at the same rate as men. Law360 asked three female attorneys who left BigLaw about how firms could better serve the women who work there. Here's what they have to say.

  • October 16, 2020

    Law360's Glass Ceiling Report: What You Need To Know

    While law firms continue to tout efforts to close the gender gap in their ranks, parity is still a distant goal, our annual survey shows.

  • October 16, 2020

    Glass Ceiling Report: How Does Your Firm Measure Up?

    Law firms have long struggled to clear the barriers women face in the legal industry, particularly when it comes to accessing the top ranks. Law360's 2020 Glass Ceiling Report looks to shed light on the progress firms have made and where they aim to be.

  • October 16, 2020

    CVS, Walgreens Tapped To Dispense COVID-19 Vaccine

    The Trump administration is partnering with CVS and Walgreens to distribute COVID-19 vaccines to long-term care facilities across the country through an opt-in process, a development that senior health officials said Friday signals how close the U.S. is to getting a safe vaccine.

  • October 16, 2020

    Consumers Seek Class Cert. In $150M Insurance Scam Suit

    A group of consumers is seeking class certification in a suit alleging a Florida health carrier engaged in a $150 million scam to get them to buy shoddy insurance policies, telling a Florida federal court that the carrier engaged in a uniform selling scheme to all consumers.

  • October 16, 2020

    9th Circ. Won't Hear Sutter Health's Appeal Of Class Cert.

    The Ninth Circuit summarily refused on Friday to let Sutter Health appeal certification of a damages class of health insurance plan purchasers seeking $489 million on claims they overpaid because the hospital chain violated antitrust laws.

  • October 16, 2020

    DC Circ. Says Facts 'A Wreck' In $1.1M Tribal Funding Fight

    D.C. Circuit judges struggled Friday to wrap their minds around the details of a fight over $1.1 million in tribal health care funding in which "the facts are just a wreck," according to one judge.

  • October 16, 2020

    Purdue, Sacklers Say Atty-Client Privilege Shields Documents

    Purdue Pharma and members of its former owning family are asking a New York bankruptcy judge to reject new document requests by the unsecured creditors committee in its Chapter 11 case, saying the committee is seeking privileged communications without justification.

  • October 16, 2020

    Ohio Pot Co. Wins Second Shot At Dispensary Licenses

    An Ohio state appellate court has held that the state's marijuana regulators misapplied their criteria in denying a company's dispensary license applications, ordering the regulators to reconsider the applications with a clearer understanding of the company's finances.

  • October 16, 2020

    Surgeon's Fraud Claims Revived In Fight With Hospital

    A Georgia heart surgeon can move forward with fraud, negligent misrepresentation and some breach of contract claims against his former employers, the Georgia Court of Appeals has held in a mixed-bag ruling that also kept alive counterclaims against him.

  • October 16, 2020

    Patients Say Ill. Allergan Ruling Is Irrelevant To Implant MDL

    Patients accusing Allergan Inc. of making an unsafe breast implant argued Thursday that Allergan's recent defeat of an Illinois suit over the implant won't help a New Jersey federal judge decide whether to dismiss their suits from multidistrict litigation over the product.

  • October 16, 2020

    Whistleblower Firm Sued Over Fees In GlaxoSmithKline Suit

    Whistleblower boutique firm Getnick & Getnick LLP reneged on a fee-sharing agreement in a suit by insurers against pharmaceutical giant GlaxoSmithKline PLC, a now-defunct firm claimed in a suit filed in New York state court.

  • October 16, 2020

    Full Fed. Circ. Won't Review Inventorship Row Over Cancer IP

    The full Federal Circuit Friday rejected a bid from Bristol-Meyers and others for review of a panel decision that two American scientists from the Dana-Farber Cancer Institute should be named as co-inventors on six patents involved in Nobel Prize-winning cancer research.

  • October 16, 2020

    Delphi Retirees Ask Full 6th Circ. To Reconsider PBGC Suit

    Delphi Corp. retirees have urged the full Sixth Circuit to reconsider a panel's finding that the Pension Benefit Guaranty Corp. was entitled to shut down a company pension plan after its bankruptcy, arguing that the ruling ran afoul of U.S. Supreme Court precedent.

  • October 16, 2020

    5th Circ. Revives Devout Catholic's ACA Challenge

    The Fifth Circuit revived a devout Roman Catholic's challenge over the constitutionality of the Affordable Care Act's individual and contraception mandates, saying the Texas resident's pro se suit is unmatched in its breadth and that the lower court botched key parts of its analysis.

  • October 16, 2020

    Health Fraudster Wants Out Of Prison Over COVID-19 Fears

    A man convicted of bilking federal health care programs out of more than $9 million said Friday that the threat of COVID-19 means his "life and health are at stake" as he implored a New Jersey federal court to release him to home confinement.

  • October 16, 2020

    Celeb Dentist Berated His Only Black Worker, Suit Says

    A jet-setting dentist with celebrity clients has been slapped with a race bias suit in New York state court by a Black ex-employee who said he called her "lazy" and "fat" as part of a campaign of harassment that left her no choice but to quit.

  • October 16, 2020

    New Fines Push OSHA's Virus Penalties Over $1.2M

    The U.S. Department of Labor's Occupational Safety and Health Administration announced a new batch of COVID-19 sanctions Friday that pushes the total amount of virus-related fines the agency has levied against employers to over $1.2 million.

  • October 16, 2020

    Federal Law Can't Shield Pa. Nursing Home For Lack Of Masks

    A Pittsburgh-area nursing home can't claim immunity from a housekeeper's COVID-19 wrongful-death suit because a federal law only gives health care providers protection for treatments and protective measures they use, not measures they were allegedly negligent in ignoring, a Pennsylvania federal judge ruled Friday.

Expert Analysis

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Comparing Recent State Data Breach Law Updates

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    Public and private entities should revisit their incident response plans to ensure compliance with and understand the differences among heightened data breach notification requirements that five states and Washington, D.C., added or amended this year, says Jane Petoskey at Polsinelli.

  • 5 Info Blocking Compliance Challenges For Health Providers

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    With the compliance deadline for the U.S. Department of Health and Human Services' new information blocking regulations approaching, health providers should identify and address processes that are particularly likely to constitute information blocking, including those concerning patient access to minors' and other providers' records, say attorneys at Davis Wright.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • Opinion

    State AG Enforcement Is Important For Workers' Rights

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    A recent increase in state attorney general labor and employment enforcement — including a challenge that prompted a New York federal judge to strike down the U.S. Department of Labor’s joint employer rule last week — sends an important message that worker protections are not easily revoked, says Catherine Ruckelshaus at the National Employment Law Project.

  • Best Practices For Health Care Mergers In The COVID-19 Era

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    Health providers considering consolidation as a result of the pandemic's impact should attempt to mitigate antitrust enforcers' concerns by substantiating a merger with evidence of cost and quality efficiencies and making efforts to seek competition-friendly alternatives, say attorneys at Shook Hardy.

  • HHS Proposal May Simplify Guidance For Regulated Entities

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    A new proposed rule regarding good guidance practices from the U.S. Department of Health and Human Services may provide the health industry with transparency and public engagement opportunities by cracking down on subregulatory guidance that often spurs uncertainty and litigation, say attorneys at Akin Gump.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • What To Know About DOL's Revamped Virus Paid Leave Rule

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    While the U.S. Department of Labor’s recent revisions to its Families First Coronavirus Response Act paid leave rule reaffirm the agency’s commonsense application of the work availability requirement and carefully balance employer operational needs with worker requests for intermittent time off, legal and practical questions remain, say attorneys at Littler.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

  • Series

    AGs In A Pandemic: James Talks NY Response

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    New York Attorney General Letitia James highlights her office's efforts to ease financial burdens for New York residents and businesses struggling during the pandemic by fighting fraud, policing employers, assisting with debt relief and more.

  • Cos. Should Brace For Workers' Vaccine Safety Concerns

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    As apprehension regarding the safety of an eventual COVID-19 vaccine grows, employers should carefully consider the legal impediments to across-the-board vaccination requirements, and watch for new guidance from the U.S. Equal Employment Opportunity Commission and Occupational Safety and Health Administration, say Robert Nichols and Rebecca Baker at Bracewell.

  • 4 Inventorship Lessons From Fed. Circ.'s Dana-Farber Ruling

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    The Federal Circuit's recent decision in Dana-Farber v. Ono Pharmaceutical demonstrates how inventorship issues can play out over the course of discovery, development and litigation, and also provides strategic considerations for patentees, investors and challengers, say Siegmund Gutman and Sarah Cork at Proskauer.

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