Health

  • October 08, 2020

    Allergan Implant Patients Say State Claims Should Proceed

    A group of patients alleging that Allergan Inc.'s breast implants were defective and dangerous are pushing back against a bid to dismiss their complaint, saying their state law claims are parallel to federal law requirements and aren't seeking to impose more restrictions than the U.S. Food and Drug Administration's regulations.

  • October 08, 2020

    Deals Rumor Mill: Roblox, Airbnb, Global Payments

    Online gaming platform Roblox could be valued at $8 billion in a planned IPO, Airbnb is aiming to raise $3 billion in its own IPO, and Global Payments may sell prepaid card company Netspend for $2 billion or more. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • October 08, 2020

    Vt. Legalizes Recreational Cannabis Sales, Imposes Taxes

    Vermont has legalized recreational cannabis sales to adults and imposed excise and sales taxes while offering a tax carveout for medical cannabis sales, under legislation that went into law automatically after the governor declined to act on the measure.

  • October 08, 2020

    CVS Accused Of Stiffing Arizona Pharmacists On OT

    CVS Pharmacy Inc. cheated pharmacists out of overtime and other pay by requiring off-the-clock work, according to a proposed wage-and-hour collective and class action filed in Arizona federal court.

  • October 07, 2020

    Pence, Harris Brawl Over Trump's Judges, Bigger High Court

    In their first and only debate, Vice President Mike Pence and Sen. Kamala Harris clashed Wednesday over President Donald Trump's striking success in adding new federal judges and whether Democrats might expand the U.S. Supreme Court to erase a conservative supermajority.

  • October 07, 2020

    Chase, Wells Fargo Held Roles In Flint Water Crisis, Suit Says

    Thousands of Flint residents on Wednesday accused JPMorgan Chase, Wells Fargo and Stifel Nicolaus & Co. of playing an integral role in the city's water crisis, claiming in a new suit that the investment banks underwrote a municipal bond sale that led to the city switching its water supply.

  • October 07, 2020

    Gilead Accused Of Antitrust Scheme Over HIV Meds

    Gilead Sciences Inc. schemed to monopolize the market for drugs commonly used to treat HIV and forced direct buyers to overpay for the medications as a result, a new proposed class action lawsuit alleges.

  • October 07, 2020

    Dems Float Bill To Block $250M HHS COVID-19 Ad Campaign

    A group of senior House Democrats has introduced legislation to block the U.S. Department of Health and Human Services from spending federal funds on contentious advertisements related to the COVID-19 pandemic, calling the pending HHS campaign "propaganda."

  • October 07, 2020

    Veterans Urge 9th Circ. To Hear Challenge To DEA's Pot Status

    Veterans of the Iraq and Afghanistan Wars have urged the Ninth Circuit to reconsider the classification of marijuana, writing that the U.S. Drug Enforcement Administration's designating the drug a highly controlled substance has impeded medical research that could save lives.

  • October 07, 2020

    Two TPG-Backed SPACs Among 5 Raising Total $1.8B In IPOs

    Two blank-check companies backed by private investment firm TPG Capital led a group of special purpose companies that went public Wednesday to raise a combined $1.8 billion through initial public offerings guided by six firms. 

  • October 07, 2020

    Refugee Agency Faulted For Monitoring Gaps In Kid Shelters

    A federal watchdog on Wednesday faulted the U.S. refugee office for poorly monitoring shelters for unaccompanied migrant children, including failing to ensure that shelters comply with standards to prevent the sexual abuse of minors.

  • October 07, 2020

    Ga. Hospital System Says Surgery Center Illegally Expanded

    A nonprofit health system in South Georgia is accusing the state's community health commissioner of ignoring problems with a Brunswick, Georgia, surgery center's expansion that it says unfairly impacts the health system.

  • October 07, 2020

    Florida Tells State High Court That Pot License Law Is Valid

    Florida urged its state supreme court Wednesday to uphold its medical marijuana regulatory framework against claims that a statute governing treatment center licenses is an invalid "special law" that privileges a limited group of private corporations.

  • October 07, 2020

    Real Estate Rumors: JDS Development, Starwood, Kolter

    JDS Development is reportedly hoping to build a massive mixed-use project in Miami, Starwood Mortgage Capital has reportedly loaned $89 million for a portfolio of medical office properties in California and Florida, and Kolter Group is said to have gotten approval for a Florida condo project.

  • October 07, 2020

    DOL Says COBRA Notices Can Exclude Certain Contact Info

    Companies can exclude their health plan administrator's contact information from paperwork telling laid-off workers how to keep health insurance if a different entity handles coverage continuation matters, the U.S. Department of Labor said.

  • October 07, 2020

    Regeneron Says Feds' Kickback Theory Makes Charity Illegal

    Regeneron Pharmaceuticals on Wednesday pressed a judge to dismiss claims it shelled out kickbacks to get doctors to prescribe its injectable eye disease drug through a co-pay foundation, arguing the federal government's legal theory would render virtually all charitable payments illegal.

  • October 07, 2020

    NJ Medical Providers Can't Pursue Workers' Comp Claims

    A New Jersey state appeals court said Wednesday that medical providers could not pursue outstanding fees in the state's Division of Workers' Compensation for services rendered in the Garden State to employees who lived and were injured outside the state since the division did not have jurisdiction over the workers' underlying claims. 

  • October 07, 2020

    Generics Worry Fed. Circ. Blew Up 'Routine' Labeling Practice

    The Federal Circuit's recent decision to revive a $235 million induced infringement verdict against Teva has left generic-drug makers scared that they'll be effectively barred from selling patent-protected drugs for approved, off-patent uses.

  • October 06, 2020

    4 Developments As FDA Vaccine Guidance Stokes Trump's Ire

    The U.S. Food and Drug Administration incurred President Donald Trump's wrath Tuesday by unveiling guidance that could push back authorization of a COVID-19 vaccine, and a government vaccine expert resigned with a denunciation of the commander-in-chief's pandemic response.

  • October 06, 2020

    NY Prof. Gets Prison For Pilfering Cancer Grant Money

    A New York federal judge on Tuesday sentenced a former Stony Brook University professor to a year and a day in prison for stealing over $225,000 in cancer research grant money for his own personal use.

  • October 06, 2020

    NJ Health System Must Face Ex-Worker's Disability Bias Suit

    A New Jersey state appeals court on Tuesday reinstated a former employee's disability discrimination suit against Cooper Health System because a trial judge failed to spell out his reasons for tossing the action.

  • October 06, 2020

    Justices Urged To Undo Trump's Abortion Referral 'Gag Rule'

    A coalition of 21 states and the District of Columbia urged the U.S. Supreme Court to resolve a circuit split over whether the Trump administration's so-called gag rule barring federally funded health care providers from giving abortion referrals ran afoul of federal law.

  • October 06, 2020

    Ex-Theranos CEO Slams Safeway, Walgreens Fraud Charges

    Former Theranos CEO Elizabeth Holmes urged a California federal judge Tuesday to throw out fresh charges accusing her of defrauding Walgreens, Safeway and others by lying about the viability of her company's blood-test technology, arguing the charges are time-barred and overly broad while improperly expanding the definition of investors.

  • October 06, 2020

    Humira Buyers Ask 7th Circ. To Revive 'Patent Thicket' Case

    Humira buyers have urged the Seventh Circuit to revive their suit claiming AbbVie built an anti-competitive "patent thicket" around its blockbuster immunosuppressant drug Humira to keep cheaper biosimilars from coming to the market, arguing that the drugmaker's multiprong scheme worked.

  • October 06, 2020

    Trump Halts Pandemic Relief Talks Until After November Vote

    President Donald Trump, citing a lack of "good faith" from congressional Democrats, ended negotiations Tuesday on a coronavirus aid package meant to provide a badly needed infusion of business tax breaks and individual stimulus checks weeks before the November elections.

Expert Analysis

  • Atty Media Interview Lessons From Trump's Axios Appearance

    Author Photo

    The recently broadcast interview of President Donald Trump with Axios political reporter Jonathan Swan provides a dramatic example of how not to answer media questions and presents four lessons to attorneys preparing for press coverage, says Michelle Calcote King at Reputation Ink.

  • 7th Circ. FCA Dismissal Ruling May Have Unintended Effects

    Author Photo

    Under the new False Claims Act dismissal standard articulated by the Seventh Circuit last week in U.S. v. UCB, the government should have little difficulty achieving dismissal, which is likely what Congress intended — but the court's questionable reasoning could have significant, broader consequences, say attorneys at Morgan Lewis.

  • Rebuttal

    Litigation Funding Attacks Pose Threat to FCA

    Author Photo

    Defense bar warnings against litigation financing in a recent Law360 article are an affront to legitimate False Claims Act complaints, many of which benefit from the funding process to level the playing field for whistleblowers, say David Jochnowitz and Stephen Hasegawa at Phillips & Cohen.

  • Why Remote Depositions Are Likely Here To Stay

    Author Photo

    As attorneys and their clients realize it is possible to conduct video depositions just as smoothly as in-person sessions while eliminating travel, catering and other costs, they will likely demand that remote procedures remain in place even after the pandemic is contained, says Darren Goldman at Becker & Poliakoff.

  • 7 Keys To Drafting Effective Legal Briefs

    Author Photo

    Bo Pearl at Paul Hastings explains how eliminating clunky transitions, mixing in short sentences, and making a few other tweaks can increase the persuasive power of legal briefs.

  • HHS Rule Block Shows Vast Reach Of Justices' LGBTQ Ruling

    Author Photo

    A New York federal court’s decision Monday to block a U.S. Department of Health and Human Services rule that excluded anti-discrimination protections for LGBTQ patients, and several other recent opinions, demonstrates a broad interpretation of protective statutes under the U.S. Supreme Court’s Bostock ruling, says Alan Kabat at Bernabei & Kabat.

  • Weighing The Virtual Courtroom Option In Civil Cases

    Author Photo

    Lawyers can look to federal district courts' recent virtual proceedings to evaluate whether remote appearances would further their clients' interests in civil lawsuits or if they would impose unfairness and inefficiency, say Christopher Green and Sara Fish at Fish & Richardson.

  • Parsing Kamala Harris' Trade And Foreign Policy Views

    Author Photo

    Presumptive Democratic vice presidential nominee Kamala Harris' trade and foreign policy positions remain somewhat opaque, but statements she made during past campaigns and while in Congress about workers' rights, climate change and China provide clues, says Stacy Swanson at Squire Patton.

  • Attys Shouldn't Overlook Obligations To Potential Clients

    Author Photo

    A recent American Bar Association opinion addressing the types of new-client consultations that could lead to disqualification is a reminder that lawyers indeed owe prospective clients certain duties, which call for attention to three best practices, say Sarah Sweeney and Thomas Wilkinson at Cozen O'Connor.

  • What's At Stake In High Court Row Over ACA Constitutionality

    Author Photo

    In the coming term, the U.S. Supreme Court will revisit the Affordable Care Act's constitutionality in California v. Texas, carrying huge implications for health insurers and providers, and millions of Americans who could lose their employer-sponsored health insurance in the middle of the COVID-19 pandemic, say attorneys at Crowell & Moring.

  • Lessons From Asbestos Can Help Resolve Opioid Liabilities

    Author Photo

    The effects of opioid litigation and settlements on pharmaceutical companies, insurers and others could be financially devastating, so affected entities should consider a practice used by companies with asbestos liabilities — a restructuring that separates those liabilities from ongoing operations, say consultants at Nathan Associates and Financial Asset Recovery Analytics.

  • Speaker Program Limits Are Specific To Novartis Settlement

    Author Photo

    While the recent settlement between Novartis and the U.S. Department of Justice, resolving allegations of misconduct related to in-person speaker programs, provides useful compliance insight for pharmaceutical manufacturers, its restrictive measures should not be viewed as an evolution in the government’s thinking about these kinds of programs more generally, say attorneys at Sidley.

  • Looking Beyond Insurance Policies For Texas Virus Liability

    Author Photo

    Although Texas health care companies and government contractors may already have insurance policies that cover pandemic-related losses, they may also consider exploring whether their insurance agencies adequately fulfilled their duties under state law, says Joel Bailey at Hedrick Kring.

  • Strategies For Associates Seeking Jobs Amid Hiring Slump

    Author Photo

    Law firms will be hiring conservatively well into 2021 and beyond, but associates eyeing a new firm or market can successfully make a move if they are pragmatic about their requirements, say Rebecca Glatzer and Kate Reder Sheikh at Major Lindsey.

  • How GOP Pandemic Liability Bill Would Protect Businesses

    Author Photo

    The Safe to Work Act recently introduced by Senate Republicans would create a federal liability shield intended to enable businesses to reopen, and would preempt many state measures currently in place — but entities operating during the pandemic should continue tracking both federal and state liability protections, say attorneys at Pillsbury.

Want to publish in Law360?


Submit an idea
Can't find the article you're looking for? Click here to search the Health archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!