Health

  • October 13, 2020

    High Court Rejects Ex-NFL Player's Pot Legalization Bid

    The U.S. Supreme Court on Tuesday said it will not consider an appeal from a group of medical marijuana patients, including a former NFL player, arguing that the drug's status as a federally illegal substance is unconstitutional.

  • October 09, 2020

    J&J Opens Appeal By Assailing 'Radical' $465M Opioid Verdict

    Johnson & Johnson unleashed a sweeping assault on a historic judgment ordering it to pay $465 million for sowing the seeds of narcotic painkiller addiction in Oklahoma, warning the state's high court that the ruling invites limitless litigation against major corporations for public health problems.

  • October 09, 2020

    Allergan Escapes Ill. Suit Over Defective Breast Implants

    An Illinois state court judge has tossed out a woman's accusations that Allergan manufactured a defective and dangerous breast implant without giving consumers timely warnings about its issues, saying her claims are expressly preempted by federal law.  

  • October 09, 2020

    Drug Cos. Fight Class Cert. For 'Opioid Babies' In MDL

    Drugmakers and retailers facing multidistrict litigation over their alleged role in the opioid epidemic urged a federal judge Friday not to certify a class of legal guardians of babies born to mothers who took opioids during pregnancy, saying their personal injury claims can't be resolved collectively.

  • October 09, 2020

    Home Care Cos. Beat Aides' Suit Over Their Health Plan

    A New York federal judge ruled Friday that aides for two Brooklyn-based home health care providers can't bring a proposed ERISA class action over a health plan that is overfunded by nearly $23 million, pointing to the recent U.S. Supreme Court ruling in Thole v. U.S. Bank NA.

  • October 09, 2020

    COVID-19 IP Catch-Up: Moderna Promises & Ed Sheeran

    In this round of intellectual property updates tied to the COVID-19 pandemic, Moderna said it would hold off on enforcing certain patents and Ed Sheeran said getting to the U.S. for a copyright trial may be impossible, among many other litigation updates. 

  • October 09, 2020

    5 Barrett Med Mal And Injury Rulings Attys Should Know

    During her three-year tenure as a Seventh Circuit judge, U.S. Supreme Court nominee Amy Coney Barrett has shown a rigorously by-the-books approach to medical malpractice and personal injury cases, including on liability issues involving the use of excessive force by police that may one day come before the high court.

  • October 09, 2020

    Health Hires: Goodwin, Greenberg Traurig

    Goodwin Procter LLP has brought in a new addition to its life sciences group from Hogan Lovells, Greenberg Traurig LLP has snapped up an international shareholder from Baker McKenzie, and a former Squire Patton Boggs LLP lawyer has made the move to a medical device company to serve as general counsel, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.

  • October 09, 2020

    Harvard Prof Sues School For Not Covering Criminal Defense

    A renowned Harvard University professor facing tax and false statements charges over his ties to the Chinese government sued the Ivy League school Friday, claiming it must pony up for his defense.

  • October 09, 2020

    Opioid MDL Bellwether Trial Delayed Amid COVID-19 Fears

    Amid coronavirus concerns, a West Virginia federal judge on Friday postponed an eagerly awaited bellwether trial in multidistrict opioid litigation shortly before its scheduled start, adding to a series of recent setbacks for local governments that blame drug companies for rampant addiction.

  • October 09, 2020

    Negotiation Class Wants 6th Circ. Full Review In Opioid MDL

    A proposed negotiation class intended to seek settlements in the sprawling Ohio multidistrict litigation over the national opioid crisis is urging the Sixth Circuit for a full-court review of a decision last month striking the class down, saying the split panel went against the intent of federal class rules and its own precedent.

  • October 09, 2020

    Taxation With Representation: Goodwin, Davis Polk, Gibson

    In this week's Taxation With Representation, Bristol Myers Squibb acquires heart disease treatment company MyoKardia for $13.1 billion, Morgan Stanley buys Eaton Vance Corp. for $7 billion, and Stone Canyon Industries pays $3.2 billion for a salt business.

  • October 09, 2020

    Cannabis Regs: Mich. To Ease Recreational Pot Licensing

    Michigan moved to expand its recreational pot market by scrapping a licensing barrier, while Oregon and Washington suspended operators for regulatory lapses, and Los Angeles geared up for another round of licensing. Here, Law360 takes stock of these and other developments in cannabis regulations.

  • October 08, 2020

    Pandemic Can't Delay Landmark Opioid Trial, Judge Told

    The first bellwether trial in multidistrict opioid litigation must start this month because an epidemic of painkiller addiction is just as deadly as the coronavirus pandemic, and drug companies are exaggerating the virus threat, local governments told a West Virginia judge late Thursday.

  • October 08, 2020

    High Court Punts FDA Bid To Revive Abortion Pill Restriction

    The U.S. Supreme Court on Thursday declined a request to immediately revive restrictions on the abortion drug mifepristone during the pandemic, sending the case back to the district court over objections from Justices Clarence Thomas and Samuel A. Alito that the court is treating abortion cases differently from religious liberty cases.

  • October 08, 2020

    BioMedomics Faces $6.1M Suit Over COVID-19 Antibody Test

    Becton Dickinson & Co. says it's owed more than $6 million because BioMedomics Inc. developed a COVID-19 antibody test that failed to get U.S. Food and Drug Administration clearance, according to a suit filed Thursday.

  • October 08, 2020

    Senate Bill Would Sanction Foreign COVID-19 IP Hackers

    Republican U.S. senators have unveiled a new bill that would let the president sanction and revoke the visas of foreigners aiming to steal American research on vaccines and treatments for COVID-19, as cybersecurity threats during the pandemic have continued to increase.

  • October 08, 2020

    Full Fed. Circ. Mulls VA Manual Rules In First Remote Hearing

    The full Federal Circuit undertook its first remote hearing Thursday, weighing whether it should overturn a 2017 decision that it can't review interpretive rules published in the U.S. Department of Veterans Affairs' administrative manual governing benefit claims.

  • October 08, 2020

    Unions, Green Groups Sue Feds Over PPE Shortage

    A coalition of a dozen labor unions and environmental groups on Thursday sued federal health and homeland security officials for failing to address personal protective equipment shortages during the COVID-19 pandemic.

  • October 08, 2020

    Hospital System Reaches Data Breach Deal With 28 States

    A national hospital system has agreed to pay a combined $5 million to 28 states and implement data protection measures to resolve claims related to a 2014 data breach that exposed the names, Social Security numbers and other personal information of about 6.1 million patients, state attorneys general said Thursday.

  • October 08, 2020

    Dentist's COVID-19 Coverage Suit Sent Back To State Court

    A Texas federal judge remanded a dentist's COVID-19 coverage suit against Allstate Insurance Co. back to state court, ruling that the insurer failed to show that a claims adjuster was wrongly joined, defeating the suit's diversity of jurisdiction required in federal court.

  • October 08, 2020

    House Dems Tell DOL Employers' Health Plans Skirt ERISA

    Two Democratic House leaders are urging the U.S. Department of Labor to take a close look at whether employers are violating the Employee Retirement Income Security Act by offering workers shoddy health benefit plans that are subject to less regulation under the law.

  • October 08, 2020

    Appeal Board Says Small Biz Settlement Not Fraud Admission

    The Civilian Board of Contract Appeals has refused to toss a construction company's contractual adjustment claim against the U.S. Department of Veterans Affairs, saying the company's settlement over alleged small business program fraud does not void the underlying contract.

  • October 08, 2020

    3rd Circ. Nixes Assisted Living Bias Ruling For Developers

    The Third Circuit on Thursday upended a New Jersey federal court ruling in favor of developers that a municipal zoning ordinance improperly bars assisted living facilities in one district while allowing them in another, finding in a precedential opinion that the regulations do not discriminate against people with disabilities.

  • October 08, 2020

    Nurse's Media Outcry Protected Activity, NLRB Tells 1st Circ.

    The National Labor Relations Board on Wednesday defended a ruling that a Maine hospital violated federal law by firing an employee who voiced nurse shortage fears to a local newspaper, telling the First Circuit that the worker was exercising her right to raise group concerns.

Expert Analysis

  • Series

    BigLaw Needs More Underrepresented Attorneys As Leaders

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    Hiring more women, people of color and members of the LGBTQ community to BigLaw positions of power is the first key to making other underrepresented attorneys believe they have an opportunity for a path to leadership, says Ernest Greer, co-president at Greenberg Traurig.

  • Series

    Advancing Racial Justice In The Legal Industry And Beyond

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    In addition to building and nurturing a diverse talent pipeline, law firms should collaborate with general counsel, academics and others to focus on injustices within the broader legal system, says Jonathan Harmon, chairman at McGuireWoods.

  • HHS Lab Test Rule's Likely Impact During And After COVID-19

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    The U.S. Department of Health and Human Services' recent announcement rescinding the U.S. Food and Drug Administration's premarket review requirement for laboratory-developed tests upends regulatory expectations for the clinical laboratory industry and raises questions regarding implementation during the pandemic and beyond, say attorneys at Ropes & Gray.

  • How NY Businesses Should Approach COVID-19 Waivers

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    Until New York or the federal government passes legislation expressly addressing COVID-19 waivers, New York businesses and institutions should require signed liability waivers from patrons, while understanding the numerous limitations on enforceability, say Russell Yankwitt and Dina Hamerman at Yankwitt.

  • Guest Feature

    Diversity Work Doesn't Have To Be Reserved For Partners

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    Serving on my firm's diversity committee as an associate has allowed me to improve access, support and opportunity for minority attorneys at the firm, while building leadership skills and fostering meaningful relationships with firm management and industry professionals, says Camille Bent at BakerHostetler.

  • Rebuttal

    Health Workers Need Better COVID-19 Liability Protections

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    Contrary to a recent Law360 guest article arguing that COVID-19 liability protections for health care workers endanger patients, providers treating patients with the virus urgently need additional legal safeguards, given the constantly changing medical guidance during the pandemic, says Michael Feeney at Matis Baum.

  • Cannabis Cos. Can't Ignore TCPA Compliance

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    A recent nationwide uptick in Telephone Consumer Protection Act class actions against cannabis companies clearly indicates that the budding industry is particularly vulnerable to potential TCPA liability and cannot afford to ignore the cost of noncompliance, say Rosa Tumialán and Peter Grace of Dykema.

  • Beware FCPA Risks When Buying Foreign PPE

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    The current chaos in the market for personal protective equipment has exposed many companies to Foreign Corrupt Practices Act violations, which can be avoided with careful analysis of foreign states' ownership, control and support of business entities, say Lauren Bell and John Gerardi at Boies Schiller.

  • 4 Opportunities For Mediators To Settle Big-Dollar Cases

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    A few specific stages of complicated, multimillion-dollar matters — ranging from prefiling to the beginning of trial — present unique opportunities for mediators to persuade the parties to compromise and lay the foundation for settlement, say Robert Fairbank and Kimberly West at Fairbank ADR.

  • Remote Proceedings Bring New Wrinkles For Court Records

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    Parties and courts using remote videoconferencing should carefully consider how they will preserve a clear record of the proceedings, and the potential impact an official video record may have on appellate review, say Christopher Green and Sara Fish at Fish & Richardson.

  • EB-5 Ruling Shows Viability Of SEC Disgorgement Challenges

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    In the first appellate decision applying the U.S. Supreme Court’s Liu decision, the Ninth Circuit recently reversed a large disgorgement award over an EB-5 visa scam in U.S. Securities and Exchange Commission v. Yang, demonstrating several ways companies and individuals facing investigations may be able to challenge SEC penalties, say attorneys at Cadwalader.

  • Dealing With Prior DOJ Health Investigations During COVID-19

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    Although recent U.S. Department of Justice enforcement actions are a reminder that the pandemic has not wiped away preexisting investigations, the current environment may present providers with an opportunity to resolve those actions on favorable terms, says David Schumacher at Hooper Lundy.

  • Cross-Selling Strategies For Law Firms During Pandemic

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    Law firms can grow revenue during the COVID-19 crisis by facilitating communication among complementary practice groups, soliciting client feedback and engaging in other cross-selling activities that build on existing client bases, says consultant David Freeman.

  • FCPA Enforcement, Compliance Trends During The Pandemic

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    Despite ongoing messaging from the U.S. Department of Justice and U.S. Securities and Exchange Commission that Foreign Corrupt Practices Act enforcement remains a priority, a review of enforcement data and compliance trends for the year makes clear that the pandemic has slowed the agencies' FCPA activities, say John Davis and Ivo Ivanov at Miller & Chevalier.

  • Opinion

    COVID-19 Medical Malpractice Shield Laws Endanger Patients

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    Medical errors existed before COVID-19, as did laws to protect health care providers that made such errors — so recently enacted state and federal protections are unnecessary and threaten the safety of patients, says Kay Van Wey at Van Wey Presby.

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