Health

  • October 20, 2020

    DC Circ. Won't Rethink HHS Cuts To Medicare Drug Program

    The full D.C. Circuit won't rethink a panel's decision that the U.S. Department of Health and Human Services lawfully cut billions of dollars from reimbursements for drugs bought through a discount program for hospitals in low-income areas.

  • October 20, 2020

    Ga. Gov. Slams 'Baseless' Block On Abortion Law At 11th Circ.

    Georgia Gov. Brian Kemp urged the Eleventh Circuit to undo a block on the state law banning abortions after a fetus' heartbeat is discovered, arguing that the lower court ignored decades of precedent by failing to weigh the state's interest in the law.

  • October 20, 2020

    Tribes Back Up Shawnee Appeal In Virus Funding Row

    Two Native American tribes are backing up the Shawnee Tribe of Oklahoma before the D.C. Circuit, saying a lower court should not have shied away from reviewing the U.S. Treasury Department's faulty method for allocating $8 billion in coronavirus relief funding this spring.

  • October 20, 2020

    Health Insurer Says Fired Exec Never Requested FMLA Leave

    A health insurance company on Monday urged a Florida federal court to dismiss a former executive's claims that she was fired for taking medical leave and requesting to work remotely during the COVID-19 pandemic, arguing she never asked for any kind of medical leave and was never forced to come into the office.

  • October 20, 2020

    Trulieve Slams 'Ham-Fisted' Sanction Bid In Hiring Dispute

    Cannabis company Trulieve slammed a motion for sanctions it is facing from a man who claims the company illegally pulled his employment offer based on a consumer report, saying the motion should be stricken from the record and his counsel should be sanctioned instead.

  • October 20, 2020

    MVP: Hooper Lundy's Mark Johnson

    Mark Johnson of Hooper Lundy & Bookman PC helped a nursing home management company secure a big win in a dispute with a California health regulator involving tens of millions of dollars in withheld reimbursements, earning him a spot as one of Law360's 2020 Health Care MVPs.

  • October 20, 2020

    Health Worker Unions Want COVID-19 Vaccine Vetted

    Three unions representing 2 million health care workers said it's "impossible for us to take or promote" a COVID-19 vaccine that hasn't been vetted by "independent experts" Tuesday as the president's foes continue to question whether a Trump administration-approved drug can be trusted.

  • October 19, 2020

    Idaho Supreme Court Revives Late Cancer Diagnosis Suit

    The Idaho Supreme Court on Monday revived a suit accusing a hospital of failing to timely diagnose a patient's cancer that caused death, saying the trial judge erred by determining that the plaintiff's two out-of-state medical experts were not familiar with the standard of care in Idaho.

  • October 19, 2020

    Kan. County Settles DOL's COVID-19 Leave Claims

    A Kansas county will pay back wages to an employee wrongly denied paid sick leave to care for a child whose school closed due to the coronavirus pandemic, according to a U.S. Department of Labor settlement announcement Monday.

  • October 19, 2020

    Health Execs Must Do Time, Pay $1.5M In Benefits Scheme

    Two Kentucky health care executives were each sentenced to over two years in prison and ordered to pay a combined $1.5 million in restitution for pocketing employees' benefit contributions, the U.S. Department of Labor said Monday.

  • October 19, 2020

    NJ Panel Says 2 Judges Erred, Revives Med Mal Suit

    A New Jersey appeals court on Monday revived a suit accusing healthcare providers of causing a patient's injuries from an improperly placed medical device, saying two judges' decisions regarding the patient's purported discovery failures resulted in "draconian consequences."

  • October 19, 2020

    CDC Tightens Guidance For Masks On Planes, Public Transit

    The U.S. Centers for Disease Control and Prevention on Monday strongly recommended that passengers and workers wear face masks on airplanes, trains, subways, buses and other modes of transportation in newly released guidance intended to curb the spread of COVID-19.

  • October 19, 2020

    WTO Holds Off On Waiving IP For COVID-19 Vaccines

    The World Trade Organization has failed to reach an agreement that would have temporarily waived intellectual property rights for vaccines and treatments related to COVID-19 as the pandemic continues worldwide.

  • October 19, 2020

    No Big Payday For Home Health Aides Despite Wage Rule

    The take-home pay of in-home health care workers has only inched upward in the four years since the Labor Department extended federal minimum wage and overtime protections to the industry, the U.S. Government Accountability Office said Monday.

  • October 19, 2020

    Justices Urged Not To Let Arbitrator Decide Venue Question

    Clauses allowing an arbitral body to decide whether it has jurisdiction over a dispute shouldn't be enough to strongarm the courts out of the picture, an arbitration scholar told the U.S. Supreme Court on Monday.

  • October 19, 2020

    What BigLaw Can Do To Actually Retain Female Attorneys

    Even as BigLaw firms are recruiting women into their ranks in larger numbers, their presence in leadership and equity partnerships remains stubbornly low. Here’s a look at why this is happening — and what firms can do.

  • October 19, 2020

    Female Attorneys Gain Ground In Battle For Clerkships​

    More female attorneys are landing highly sought-after U.S. Supreme Court clerkships, and the experience can turbocharge their careers.

  • October 19, 2020

    These Firms Have The Most Women In Equity Partnerships

    At most U.S. law firms, equity partnerships are still overwhelmingly male, but women at some firms are starting to shake up that reality and smash the glass ceiling that has prevented them from advancing to the uppermost ranks. Here are this year’s Ceiling Smashers — the firms that are outpacing their peers as the legal industry works toward closing the gender gap in its top ranks.

  • October 19, 2020

    Wearing Natural Hair In BigLaw

    In this video, four Black women share their thoughts about wearing natural hair as BigLaw attorneys. In order of appearance, the attorneys are: Rukayatu Tijani, founder of Firm for the Culture and a former BigLaw associate; Delilah Clay, legislative & regulatory advisor at Manatt Phelps & Phillips LLP; Rachel Boyce, associate at Cooley LLP; and Crystal Nwaneri, associate at Fenwick & West LLP.

  • October 19, 2020

    NJ Doc Loses Appeal In Sex Harassment Arbitration Fight

    A chiropractor cannot force a former employee's sexual harassment lawsuit into arbitration, a New Jersey appeals court ruled Monday, finding the worker did not willingly sign an arbitration agreement included in her hiring paperwork.

  • October 19, 2020

    Duane Morris, Nelson Mullins Steer Cannabis Software Merger

    Cannabis software company Helix Technologies Inc. and a health care analytics company on Monday said they will merge in an all-stock deal guided by Duane Morris LLP and Nelson Mullins Riley & Scarborough LLP.

  • October 19, 2020

    6th Circ. Lifts Block On Kentucky Abortion Facility Law

    The Sixth Circuit has voided a permanent block of a Kentucky law requiring abortion facilities to have agreements with an ambulance service and a nearby hospital, finding that a lower court wrongly found that the law's enforcement would leave the commonwealth with no abortion facility.

  • October 19, 2020

    6 Russian Officers Indicted Over Massive Cyberattack

    A Pennsylvania grand jury has indicted six Russian military officers for cyberattacks, including the destructive 2017 NotPetya malware attack, from the same intelligence unit accused of interfering with the 2016 presidential election, the U.S. Department of Justice said Monday.

  • October 19, 2020

    Indicted Harvard Professor Can't See Grand Jury Minutes

    A Harvard professor charged with lying about his ties to China and additional tax offenses will not be able to review secret grand jury minutes despite his claim that prosecutors' charged rhetoric about spying may have tainted the proceedings.

  • 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.

Expert Analysis

  • 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.

  • The Unique Challenges Of Protecting A Law Firm Brand

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    Recent law firm trademark disputes highlight how the tension between legal ethics rules and trademark law can make it difficult for firms to select brands that are distinctive and entitled to protection, say Kimberly Maynard and Tyler Maulsby at Frankfurt Kurnit.

  • SmileDirect Decision Reveals Antitrust Risk For State Boards

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    The Eleventh Circuit's recent decision in SmileDirectClub v. Battle, denying the Georgia Board of Dentistry's argument for state action immunity from an antitrust suit, highlights the liability that state board members may be exposed to unless actively supervised by the government, say Steven Fellman and Richard Bar at GKG Law.

  • 4 Issues To Watch In Philly FTC Hospital Merger Trial

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    On Monday, a Pennsylvania federal court will hear the first-ever hospital merger challenge based on alleged harm to the inpatient rehabilitation services market in Federal Trade Commission v. Thomas Jefferson University, a case that highlights critical market definition, efficiencies and competition issues for parties considering mergers, say Douglas Litvack and David Maas at Davis Wright.

  • Avoiding Internal Legal Conflict When A Payor Is A Provider

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    With COVID-19 likely accelerating vertical consolidation and the blurring of lines between health payors and providers, hybrid organizations should take steps to prevent internally inconsistent legal positions and make decisions based on their broader interests, says Elliot Gordon at JAMS.

  • What Rejection Of EPA Immunity In Flint Suits Means For Cos.

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    After a Michigan federal court's ruling that the U.S. Environmental Protection Agency is not immune from negligence claims over the water crisis in Flint, Michigan, companies facing lawsuits related to their actions following EPA guidance should consider whether the agency shares some fault, say attorneys at Faegre Drinker.

  • Takeaways From DOJ Civil Division's Inability-To-Pay Memo

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    Guidance issued last week at the U.S. Department of Justice is helpful insofar as it clarifies the Civil Division's inability-to-pay process and criteria, but many open questions remain, say Matthew Miner and Amanda Robinson at Morgan Lewis.

  • China's Talent Recruiting Plans Pose New Risks For Academia

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    Although recent U.S. Department of Justice enforcement related to China's Thousand Talents Plan has, thus far, focused on individuals, it is not unforeseeable that the DOJ could pursue universities for criminal or civil liability for violations associated with federal research grants, say Ivan Boatner and William Beasley at Baker Donelson.

  • What To Know When Making Dispositive Motions In Arbitration

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    As practitioners increasingly turn to dispositive motion practice within arbitration, they should be aware of the underlying authority for these motions and consider practical guidance for their use, says arbitrator and mediator Janice Sperow.

  • ERISA Ruling Shows Daunting Review Standard For Claimants

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    The Eighth Circuit’s recent decision to overturn a reinstatement of disability benefits in McIntyre v. Reliance Standard Life Insurance highlights claimants’ ongoing battle to mitigate the harsh impact of the arbitrary and capricious standard of judicial review for Employee Retirement Income Security Act disputes, says Mark DeBofsky at DeBofsky Sherman.

  • Virus Relief Bill Could Harm Lending, Collections Landscape

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    The Health and Economic Recovery Omnibus Emergency Solutions Act's proposed stay on debt collection and enforcement efforts, though well-intentioned, is fraught with unintended consequences that could limit access to credit and exacerbate already-distressed economic conditions during the pandemic, say attorneys at Montgomery McCracken.

  • Assessing Health Data Privacy Damages During A Pandemic

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    Class action litigation related to data privacy in the health care industry is expected to trend upward during the COVID-19 era due to increased reliance on telehealth and contact tracing initiatives, heightening the importance of understanding the different economic approaches and challenges to valuing damages, say analysts at Cornerstone Research.

  • 5 Common Virus-Related Employment Claims To Know

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    Jessica Shpall Rosen and Keli Liu at Greenwald Doherty discuss trending pandemic-related employment law claims, and explain how companies can mitigate risk by focusing on compliance and defense strategy.

  • 4 Ways Amicus Briefs Can Support An Overall Legal Strategy

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    The strategic use of amicus briefs can help an appellate court think about a case in a new way and lift an organization's own cause or reputation for legal thought, say Mark Chopko and Karl Myers at Stradley Ronon.

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