Health

  • July 12, 2019

    Native American Cases To Watch In 2nd Half Of 2019

    Native American law practitioners will be keeping close tabs on the U.S. Supreme Court's reboot of a murder case with major implications for tribal jurisdiction in Oklahoma as well as on Fifth Circuit challenges to the Indian Child Welfare Act and the Affordable Care Act and the first trial in the massive opioid multidistrict litigation.

  • July 12, 2019

    SF Nurses Get Conditional Cert. In OT Collective Action

    A California federal judge Friday conditionally certified a Fair Labor Standards Act collective action brought by nurses who claim their employer, the city of San Francisco, classifies them as per diem workers in order to avoid paying them proper overtime wages.

  • July 12, 2019

    Baker Botts, Goodwin Steer $429M In Solar, Health Care IPOs

    A provider of residential solar energy systems and a health care analytics company on Friday set price ranges for initial public offerings led by Baker Botts and Goodwin Procter, respectively, that could raise about $429 million.

  • July 12, 2019

    Pa. Justices Snub Appeal In Nursing Home Arbitration Row

    The Supreme Court of Pennsylvania won’t review a lower court’s ruling that a woman’s husband could sign an arbitration agreement for her when she was admitted to a Pennsylvania nursing home her family would later sue over her death, the high court announced Thursday.

  • July 12, 2019

    Dentists Worry FCC Robocall Rules Will Curb Patient Outreach

    The American Dental Association has expressed concern that efforts by the Federal Communications Commission to stymie the rising tide of robocalls could stop dental offices from using automated messages to remind patients to schedule appointments.

  • July 12, 2019

    Dental Supplier Says 2nd Circ. Sunk Startup's Damages Claim

    Benco Dental Supply Co. told a New York federal court on Thursday that a recent ruling from the Second Circuit shows that the damages being pursued by online supplier SourceOne Dental Inc. over an alleged boycott are too speculative.

  • July 12, 2019

    ERISA Doesn't Apply To Hospital Bill Suit, 6th Circ. Says

    A proposed class action against Methodist Healthcare is heading back to a Tennessee state court after the Sixth Circuit held that a woman's claims that the hospital purposefully overcharged her for medical services weren't preempted by the Employee Retirement Income Security Act.

  • July 12, 2019

    J&J Surgical Staplers Injured Man's Stomach, Suit Claims

    A California man is suing Johnson & Johnson and one of its subsidiaries, saying he was severely injured by a surgical stapler that the company claimed was safe to use for more than a year before it was recalled.

  • July 12, 2019

    Taxation With Representation: Skadden, Sullivan, Wachtell

    In this week’s Taxation With Representation, Piper Jaffray and Sandler O’Neill join forces in a $485 million merger, Cisco snaps up fiber optics company Acacia Communications for $2.6 billion, and Virgin Galactic merges with a special purpose acquisition company held by Social Capital and Hedosophia to create a $1.5 billion company.

  • July 12, 2019

    UnitedHealthcare Hit With Substance Use Coverage Suit

    UnitedHealthcare has been hit with a proposed class action accusing the insurer of putting barriers between patients and substance abuse treatment in the midst of an opioid epidemic, even when patients had Employee Retirement Income Security Act plans promising access to such coverage.

  • July 11, 2019

    Abortion Referral 'Gag Rule' Survives Full 9th Circ., For Now

    A split en banc Ninth Circuit on Thursday rejected emergency bids looking to block the Trump administration's so-called "gag rule" barring federally funded health care providers from giving abortion referrals while it's being challenged, noting that the court intends to "proceed expeditiously" in deciding the appeal.

  • July 11, 2019

    J&J Opioids Were Sliver Of The Okla. Market, Judge Told

    A Johnson & Johnson subsidiary's opioids have made up less than 1% of the total opioid prescriptions issued in Oklahoma, a statistician told an Oklahoma judge Thursday during the trailblazing trial in which the state has argued that an oversupply of the drugs caused an addiction and overdose crisis in the Sooner State.

  • July 11, 2019

    Fed. Circ. Unsure If PTAB Has To Explain Axing Avastin Patent

    The Federal Circuit appeared skeptical Thursday that drugmaker Genentech deserves a beefier explanation from the Patent Trial and Appeal Board about why it axed a patent covering the company's blockbuster cancer drug Avastin.

  • July 11, 2019

    7th Circ. Digs Into Injunction Over Ind. Abortion Clinic License

    Seventh Circuit judges on said during oral argument Thursday that a preliminary injunction blocking Indiana’s abortion clinic licensing law is “more than a little problematic,” but that they were also troubled by the state’s decision to deny the clinic a license to operate.

  • July 11, 2019

    The 6 Biggest Cybersecurity Episodes So Far In 2019

    From data breaches exposing medical testing giants' client details to ransomware worms holding cities hostage to security snafus putting Facebook and WhatsApp users at risk, we take a look at six of the year's biggest data security episodes so far.

  • July 11, 2019

    ACA Case Places Age-Old Legal Doctrine In Spotlight

    The notion that the Affordable Care Act must fall if its insurance-purchasing requirement falls ignores a well-settled legal doctrine intended to prevent courts from doing lawmakers' work, a legal scholar said after this week's arguments in the ACA lawsuit before the Fifth Circuit.

  • July 11, 2019

    Philly Hospital's Ch. 11 Closure Hearing Pushed By Del. Judge

    A Delaware bankruptcy judge on Thursday further delayed a hearing on a motion from hospital operator Center City Healthcare, saying the debtor needs to take more time to engage with all interested parties who may be affected by the closure of Hahnemann University Hospital in Philadelphia as proposed by the debtors.

  • July 11, 2019

    Loestrin Buyers Fight To Advance Antitrust Case To Trial

    Loestrin purchasers accusing Warner Chilcott and Watson Pharmaceuticals of sidelining generic alternatives to the widely used birth control drug have shot back at the drugmakers’ efforts to slip their antitrust lawsuit, as the buyers insisted there are still too many questions unanswered to stop the case now.

  • July 11, 2019

    Couple Sues Fertility Center For Implanting Wrong Embryos

    A California couple has slapped a fertility clinic with a state court lawsuit claiming it mixed up their embryos, leading to their baby being born to a different couple all the way across the country.

  • July 11, 2019

    Eli Lilly Searches For New GC As Top Atty Plans To Retire

    Eli Lilly and Co. on Thursday announced that its senior vice president and general counsel plans to retire at the end of 2019 after 28 years with the pharmaceutical company, and a search has begun for his successor.

  • July 11, 2019

    Premera Blue Cross To Pay States $10M To End Breach Probe

    Premera Blue Cross will pay $10 million to 30 states to settle allegations related to a 2014 data breach that compromised the personal information of more than 10.4 million people, according to announcements Thursday by state attorneys general.

  • July 11, 2019

    Indiana AG Says Medical Debt Collector Belongs In Ch. 7

    Indiana's attorney general wants to force the troubled medical debt collection company responsible for a breach that exposed the personal data of 20 million consumers into liquidation, telling a New York bankruptcy court there's no reason Retrieval-Masters Creditors Bureau Inc. should retain control of its own fate.

  • July 11, 2019

    Mass. Top Court Expands Hearsay Rule In Civil Cases

    Massachusetts' highest court ruled Thursday that a witness who cannot recall a particular conversation can be deemed "unavailable" and fall under one of the exceptions to the hearsay rule, ordering a new trial in the case of a woman who suffered permanent injuries after a surgery.

  • July 11, 2019

    Reckitt To Pay $1.4B To End US Opioid Probe

    British pharmaceutical company Reckitt Benckiser said Thursday it will pay U.S. authorities up to $1.4 billion to settle a long-running investigation into sales of a treatment for addiction to opioids by its former prescription drugs business.

  • July 10, 2019

    Ex-Puerto Rico Officials Charged In $15.5M Contracts Scheme

    The FBI reportedly arrested six individuals, including two former Puerto Rico agency heads, on Wednesday, a day after prosecutors entered a lengthy, 32-count grand jury indictment alleging a sprawling $15.5 million federal contracts conspiracy.

Expert Analysis

  • A Cautionary Word For Providers Of Drug Addiction Treatment

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    With the national opioid crisis outpacing the historically small addiction treatment industry, economic growth is drawing an influx of providers that are unscrupulous or inexperienced, and increased enforcement activity is following close behind, says Renee Martin of Dilworth Paxson.

  • A First Look At The New Illinois Cannabis Legislation

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    As we await the Illinois governor's signature on a new law legalizing recreational use of cannabis, Darren Grady of SmithAmundsen discusses licensing, tax and timing considerations for those already in the medical cannabis business and those now wanting to enter the market.

  • Top Insights From NLRB’s New Advice Opinions

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    The National Labor Relations Board’s Division of Advice recently issued 18 memos addressing issues such as independent contractor status and union dues. Although it might seem like reading tea leaves, it's possible to discern some patterns by looking at the decisions collectively, says Marc Antonetti of BakerHostetler.

  • What's New For CMS Bundled Payments Program

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    The Centers for Medicare & Medicaid Services is accepting new applications for its 2020 Bundled Payments for Care Improvement Advanced model until June 24. Certain changes signal an acknowledgment by CMS of industry dissatisfaction and concern with the initial BPCI Advanced structure, say attorneys at Ropes & Gray.

  • What To Know About Updates To Nevada's Online Privacy Law

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    While not as far-reaching as the California Consumer Privacy Act, legislation recently passed by the Nevada Assembly amends the state's existing online privacy notice statutes in two notable ways, say attorneys at Husch Blackwell.

  • Can The Affordable Care Act Survive The Latest Challenge?

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    With Texas v. U.S. likely headed to the U.S. Supreme Court, the court’s reasoning in prior Affordable Care Act litigation offers insight into whether the ACA minus the individual mandate can withstand this constitutional challenge, say Michael King and Emily Felder of Brownstein Hyatt.

  • Opinion

    Millennials Are Pushing Back Against Law Firm Sexism

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    A recent survey of millennial attorneys shows men and women are having very different BigLaw experiences, but share similar goals. It's imperative that partners recognize that they’re the ones in a position to change the culture, says Michelle Fivel of Major Lindsey.

  • A Preview Of The Retirement Plan That Could Become Law

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    A bill intended to help Americans save for retirement passed the U.S. House of Representatives last week with overwhelming bipartisan support. With a similar bill already passed by the Senate in April, Congress seems finally poised to act, says Brenda Berg of Holland & Hart.

  • 3 Law Firm Business Tactics To Support A Niche Practice

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    Once you've chosen a strategy for your law firm, what tactics will promote success? There are three tactical areas important to all firms, regardless of specialty or size, but particularly critical for today’s niche firms, say Yussuf Aleem and Jacob Slowik of Joseph Aleem.

  • Pharmaceutical Antitrust Legislation To Watch

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    Congress is currently considering a number of bills that address drug prices by focusing on pharmaceutical and biologics competition, with a particular emphasis on conduct that may be perceived to delay competitive entry, say attorneys at Wilson Sonsini.

  • Cybersecurity Compliance May Be The Next FCA Battleground

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    Three fairly recent False Claims Act cases are harbingers of cybersecurity noncompliance litigation likely to become more common for government contractors in the aerospace, defense, health care and information technology sectors, say attorneys at Fried Frank.

  • New Opinions Highlight 3 FMLA Issues To Avoid

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    Employers in the U.S. continue to grapple with a host of challenging Family and Medical Leave Act issues, and each season presents a surprisingly large number of court opinions explaining what employers did right or wrong when it comes to leave administration, says Linda Dwoskin at Dechert.

  • Lessons From Red Yeast Rice May Inform FDA’s Path For CBD

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    In advance of this Friday's U.S. Food and Drug Administration hearing on cannabis and cannabis-derived compounds, it is worth examining a 2000 Tenth Circuit case involving red yeast rice, and its potential to influence the FDA's regulation of CBD, say attorneys at Eversheds Sutherland.

  • Real-Life Lessons For Lawyers From 'Game Of Thrones'

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    What lessons can the various hands, maesters, council members and other advisers in "Game of Thrones" impart to real-life lawyers? Quite a few, if we assume that the Model Rules of Professional Conduct were adopted by the Seven Kingdoms, says Edward Reich of Dentons.

  • Recent Chancery Rulings Offer Forum Selection Pointers

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    In the recent Sheldon v. Pinto ruling, the Delaware Court of Chancery displays skepticism of dilution claims by early-stage investors, reasserts control group principles and delivers reminders — reinforced in its Plaze v. Callas opinion — of key points in the drafting of forum selection clauses, say attorneys at Fried Frank.

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