Health

  • February 29, 2024

    Sandoz To Pay $265M To Resolve Claims In Price-Fixing MDL

    Swiss generic drug and biosimilar manufacturer Sandoz announced Thursday that two of its subsidiaries have reached a $265 million settlement with the direct purchasers of generic medications to resolve allegations of federal antitrust violations.

  • February 29, 2024

    Faulty Expert Report Can't Support Stomach Surgery Suit

    A Texas appeals court on Thursday told a woman suing over an intestinal perforation to get a new expert report to support her claims, saying a trial court was wrong to find that her current report was enough to link her surgeon's alleged conduct to her injuries.

  • February 29, 2024

    Epstein Becker Guides Conn. Hospital, NY Nonprofit Merger

    Epstein Becker Green is steering Connecticut hospital owner Nuvance Health in its planned merger with Northwell Health, New York's largest healthcare provider, a union that will create a two-state system operating under the latter nonprofit's banner.

  • February 29, 2024

    9th Circ. Says Fight Over COVID-19 Misinformation Law Moot

    The Ninth Circuit on Thursday unanimously dismissed as moot two consolidated appeals by doctors who challenged as unconstitutional California's since-repealed statute deeming it "unprofessional conduct" to spread COVID-19 misinformation to patients under their care, noting that the statute's repeal means there is no longer any live controversy.

  • February 29, 2024

    Auto Co. Says $50M Policy Endorsement Covers COVID Loss

    An auto parts manufacturer is seeking $50 million in coverage for its COVID-19 pandemic-related losses in North Carolina federal court, claiming its policy's "unique" communicable disease provision was misrepresented when its insurer denied coverage for losses at its Indiana, Ohio, Michigan and North Carolina locations.

  • February 29, 2024

    Law Firm Recruited Objectors To Tank Vax Deal, Class Says

    Indianapolis-based law firm Kroger Gardis & Regas LLP is trying to unravel a settlement with Ascension Health Alliance because the firm wants to pursue its own class litigation, hospital staff told the Sixth Circuit in a brief filed Wednesday.

  • February 29, 2024

    Chancery Rejects Leadership Bid Over Lack Of Del. Counsel

    A Delaware vice chancellor has denied a three-firm leadership bid in stockholder litigation over alleged mismanagement at a medical clothing company because no First State attorneys were on the proposed lead counsel team.

  • February 29, 2024

    Abortion Coverage Remains Steady Post Dobbs, Survey Says

    Abortion coverage has not been significantly rolled back from the nation's largest employer-sponsored health insurance plans since the U.S. Supreme Court overturned Roe v. Wade in 2022, according to a Thursday brief from the Kaiser Family Foundation.

  • February 29, 2024

    Medtronic Says 3 Years Of Tax Returns Under IRS Audit

    Three years of medical device company Medtronic's federal income tax returns are being audited by the Internal Revenue Service, the company said in a U.S. Securities and Exchange Commission filing.

  • February 29, 2024

    Bankrupt Endo To Pay $465M To Resolve Opioid Claims

    Drugmaker Endo International has agreed to pay as much as $465 million to resolve criminal and civil claims stemming from its sale and marketing of a powerful opioid, and will turn over its assets to a group of secured lenders who will operate the company under a new corporate structure.

  • February 28, 2024

    7th Circ. Revives Health System Worker's FMLA Suit For Trial

    A split Seventh Circuit panel on Wednesday revived a former OSF Healthcare System employee's suit accusing the company of wrongfully firing her after failing to adjust performance expectations while she worked reduced hours, ruling a factual dispute remains over how much leave she took, which could lead a jury to find in her favor.

  • February 28, 2024

    Ga. Panel Brings Doctor In, Publix Out In Drug Allergy Case

    The Georgia Court of Appeals on Wednesday overturned a trial court ruling releasing a doctor from the professional malpractice suit of a patient who was hospitalized for nearly two weeks following an allergic reaction to a prescription drug but remained "unpersuaded" that Publix Super Markets Inc. was liable in the case.

  • February 28, 2024

    Trans Teens Tell High Court To Pass On Idaho's Stay Request

    Two transgender Idaho teens told the U.S. Supreme Court on Wednesday that the state did not establish "any of the criteria" required for the high court to let Idaho enforce a ban on gender-affirming care while a battle over such care plays out in the Ninth Circuit.

  • February 28, 2024

    Retainer Signature Dispute Ends In Nixing Of NJ Billing Suit

    A New Jersey law firm cannot pursue claims for unpaid bills against the operators of a nursing home it once represented, an appellate panel has ruled, upholding a trial court's finding that, because the individuals did not sign a retainer agreement as individuals, they cannot be personally liable.

  • February 28, 2024

    NC Hospital, Nurses Get OK For Settlement Of Bias Suit

    A North Carolina federal court on Wednesday approved a settlement between a Charlotte hospital and former nurses who had alleged they bore the brunt of a discriminatory campaign to oust veteran nurses and bring in new workers, ending a four-year lawsuit.

  • February 28, 2024

    Attys Get $750K Fee Award In $6M Med Tech Co. Deal

    Class attorneys for minority shareholders of Autonomous Medical Devices Inc. who secured a $6 million settlement to resolve claims about a purportedly underpriced stock sale to an interest of Oracle founder Larry J. Ellison won court approval of the settlement Wednesday, along with a requested $750,000 fee award.

  • February 28, 2024

    Senate GOP Blocks Bill To Federally Protect IVF

    Senate Republicans blocked a unanimous consent vote on a bill to federally protect in vitro fertilization on Wednesday, a move that came after the Alabama Supreme Court ruled that frozen embryos count as children, with prominent GOP leaders lamenting the court's ruling.

  • February 28, 2024

    Cravath Steers Viatris' $350M Collab With Swiss Co.

    Healthcare company Viatris and Swiss pharmaceutical research company Idorsia are teaming up to develop two late-stage drugs, the companies announced Wednesday.

  • February 28, 2024

    Fish & Richardson Adds Ex-Jenner & Block Life Sciences Duo

    Global intellectual property law firm Fish & Richardson PC announced on Wednesday that two Chicago-based litigators from Jenner & Block LLP have joined the firm's life sciences team as partners.

  • February 28, 2024

    4 Firms Plan To Co-Lead Suboxone Dental Decay MDL

    Attorneys from Peiffer Wolf Carr Kane Conway & Wise LLP and three other law firms have asked an Ohio federal judge to appoint them co-lead counsel for the new multidistrict litigation over opioid addiction treatment Suboxone allegedly causing dental decay, with 14 other firms seeking appointment to plaintiff leadership committees.

  • February 28, 2024

    Judge Says Ermi Counterclaims In Qui Tam Case Can Stand

    A Georgia federal judge has refused to free Ermi LLC's former chief compliance officer from counterclaims the company lodged in response to her whistleblower suit accusing the company of fraud and retaliation, with the judge saying the company has adequately alleged breaches of fiduciary duty and contract claims.

  • February 28, 2024

    AdaptHealth, Ex-CEO Cut $51M Deal To End Investor Fight

    AdaptHealth and its former CEO have agreed to pay $51 million to resolve a shareholder suit alleging the medical equipment company misled investors by retroactively inflating growth numbers ahead of a merger with special acquisition firm DFB Healthcare Acquisitions Corp., according to court documents filed in Pennsylvania federal court Tuesday.

  • February 28, 2024

    WilmerHale Adds Ex-Medtronic Legal Leader To Its DC Office

    WilmerHale has hired for its Washington, D.C., office an attorney who helped build the global trade legal department at healthcare technology company Medtronic.

  • February 28, 2024

    Dexcom Rival Fights Its Bid To Tweak Glucose Monitor Patent

    A Korean medical tech company has asked a London court to block Dexcom's bid to tweak its diabetes management patent to avoid losing protections should the court rule that it's invalid.

  • February 28, 2024

    Novant In-House Attys Want Access To Confidential FTC Info

    Novant Health has asked to tweak a protective order in the Federal Trade Commission's merger challenge regarding its $320 million plan to buy two hospitals in North Carolina, saying the current order designates nearly the entire investigative file confidential and is "unworkable."

Expert Analysis

  • A Primer On New Calif. Health Transaction Reporting Rules

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    New California regulations regarding the reporting of certain transactions involving healthcare entities, which took effect on Jan. 1, address some industry feedback about overly broad requirements but still leave several areas of concern, says Andrew Demetriou at Husch Blackwell.

  • Opinion

    Waiving COVID-19 IP Protections Would Harm US Industry

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    President Joe Biden should turn down a World Trade Organization proposal to waive crucial intellectual property protections behind COVID-19 tests and diagnostics — protections that allow U.S. companies to sustain millions of jobs and develop life-saving treatments that benefit patients in every country, says former U.S. Circuit Judge Paul Michel, now at the Council for Innovation Promotion.

  • Series

    In The CFPB Playbook: Rulemaking Rush Before Election Year

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    In this quarterly Consumer Financial Protection Bureau activity recap by former bureau personnel, attorneys at McGuireWoods explain the regulator's recent push to finalize new rules about data aggregators, digital payment apps and more before the election-year Congressional Review Act window opens.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Digging Into The Debate On FDA's Proposed Lab Test Rule

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    A proposed 10-word amendment from the U.S. Food and Drug Administration represents a sea change in device regulation as it would summarily end decades of FDA enforcement discretion for laboratory developed tests, and the public comments offer some insight into the future of this long-running saga, say attorneys at Mintz.

  • Opinion

    What Insurers Gain When Litigating Coverage Denials

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    Lately, insurance companies have denied coverage for lawsuits alleging liability relating to the ordinary operations of highly regulated businesses, such as those in the pharmaceutical and energy sectors — demonstrating time and again how litigation can be a vehicle for carriers to mitigate their own costs, say attorneys at Reed Smith.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • 10 Privacy Compliance Areas To Focus On In 2024

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    The fast pace of change in the cybersecurity realm means reactive approaches to new laws, regulations and enforcement actions are not effective ways to build or scale privacy programs, so companies should plan strategically and prepare for a few emerging risks and requirements in the first half of this year, says Sam Castic at Hintze Law.

  • AI In Health Law: The Top Guest Articles Of 2023

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    As the use of artificial intelligence accelerated this year, Expert Analysis writers examined AI's significant impact on the healthcare sector, ranging from key compliance considerations for companies utilizing AI tools to regulators' efforts to keep up with rapidly evolving technologies.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Inside Higher Education's New FCA Liability Challenges

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    As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.

  • AI Executive Order's Life Science, Healthcare Industry Effects

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    The recent White House executive order to manage risks associated with artificial intelligence includes provisions specific to healthcare and life sciences that merit special attention, including transparency, human oversight of AI output, and real world performance monitoring, say attorneys at Ropes & Gray.

  • 5 Most Notable Class Action Standing Cases Of 2023

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    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

  • HHS Advisory Highlights Free Product Inducement Risks

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    A recent U.S. Department of Health and Human Services advisory opinion highlights concerns that valuable free products and other inducements may influence patients and providers to choose one manufacturer’s product over another, notwithstanding that such free healthcare products may be a benefit, say attorneys at Morgan Lewis.

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