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Health

  • June 15, 2018

    Minority Lawyers On Why They Left BigLaw

    Despite the proliferation of diversity committees and inclusion initiatives, corporate law firms remain overwhelmingly white and male, especially at leadership levels. Here, minority attorneys discuss their reasons for leaving a large firm.

  • June 15, 2018

    Taking On The ‘Petri Dish’ Of BigLaw Bias

    The often-informal processes for deciding matters like compensation at law firms can create, as one expert put it, a “petri dish” for the effects of unconscious bias. Here’s how some firms are looking to shake up the system.

  • June 15, 2018

    The Best Firms For Minority Attorneys

    While U.S. law firms have long vowed to make their ranks more diverse and inclusive, the industry has long failed to deliver on those promises. Here are the firms making some headway, according to this year’s Diversity Snapshot.

  • June 15, 2018

    Law360’s Diversity Snapshot: By The Numbers

    Efforts to increase diversity have again yielded few meaningful changes in law firm demographics, according to Law360’s annual headcount survey, even as law schools continue to enroll students of color in increasing numbers.

  • June 15, 2018

    Law360’s Pro Say: What BigLaw Should Do About Diversity

    For years law firms have had programs aimed at increasing attorney diversity, but nothing is working. On this week’s Pro Say podcast we take a look at our latest survey of diversity at law firms, and unpack what experts say are the things that could actually move the needle on this issue.

  • June 15, 2018

    FCA Decision Tracker: Continued Interpretations Of Escobar

    Two years after the U.S. Supreme Court's Escobar ruling shook up the legal landscape for False Claims Act cases, Law360’s ninth post-Escobar roundup explores how courts are continuing to address key parts of the decision.

  • June 15, 2018

    Letter For Defendant Spells Trouble For Miami-Dade Judge

    A public reprimand has been recommended for a Florida state judge who wrote a character reference letter on behalf of a man awaiting federal court sentencing for his role in a $63 million Medicare kickback scheme, according to a formal complaint Friday by the state’s Judicial Qualifications Commission.

  • June 15, 2018

    Walgreens' Dual Role Helped Spur Ky. Opioid Crisis, AG Says

    Walgreens helped spread unneeded opioids throughout Kentucky as both pharmacy chain and distributor, the state's attorney general said in a lawsuit filed Thursday, allegedly cultivating a public health nightmare that has killed Kentuckians, defrauded Medicaid and spurred an armed-robbery epidemic.

  • June 15, 2018

    5th Circ. Vacates $4.3M Penalty In Medical Practice Tax Row

    A Fifth Circuit panel partly vacated a lower court's quick win for the IRS that found a now-deceased Texas doctor liable for more than $4.3 million in penalties for the unpaid withholding taxes of his medical practice, saying there was still a genuine issue of material fact that warranted a trial.

  • June 15, 2018

    Association Health Plan Rule Almost Ready For Prime Time

    Twenty Republican senators encouraged the U.S. Department of Labor on Friday to pull the trigger on a rule allowing small businesses to band together to create employee health plans, urging the agency to publish the finished rule now that the White House Office of Management and Budget has approved it.

  • June 15, 2018

    New NLRB Memos Touch On Solo Strikes, Facebook Posts

    The National Labor Relations Board's general counsel released a handful of advice memorandums Thursday, with one finding a Papa John's worker was illegally fired after her solo strike to support the "Fight for $15" campaign and another determining a nursing home worker was properly fired for not reporting suspected patient abuse after complaining about it on Facebook.

  • June 15, 2018

    Senate Funding Bill Staves Off Cuts To Indian Programs

    The Senate Appropriations Committee approved a $36 billion funding bill Thursday that largely increased spending over the levels proposed by the Trump administration for federal programs providing health care, education and other services to Native American tribes.

  • June 15, 2018

    Attys Reflect On Escobar's FCA Impact 2 Years Later

    It's been two years since the U.S. Supreme Court tossed a firecracker into the world of False Claims Act litigation with its decision in Universal Health Services v. Escobar, which explained how courts should gauge whether regulatory violations were "material" to government reimbursement. Here, attorneys tell Law360 how the decision has played out and what lies ahead.

  • June 15, 2018

    Taxation With Representation: Wachtell, Shearman, Simpson

    In this week’s Taxation with Representation, KKR bought Envision Healthcare for $9.9 billion, Gebr. Knauf KG bought rival USG Corp. for $7 billion, Blackstone bought Investa Office Fund for $2.3 billion and Royal Caribbean Cruises scooped up Silversea Cruises for $1 billion.

  • June 15, 2018

    Theranos Founder, Ex-COO Indicted For Fraud

    Theranos Inc. ousted founder Elizabeth Holmes as CEO as she and the company’s former chief operating officer were indicted Friday on charges they defrauded investors and doctors with blood testing technology the pair knew didn’t work.

  • June 15, 2018

    Real Estate Rumors: Walgreens, KKR, Trammell Crow

    Walgreens Boots Alliance is reportedly close to taking more than 200,000 square feet of Chicago office space, a KKR joint venture is said to have dropped $250 million on a Miami office tower and developer Trammell Crow has reportedly picked up a Florida retail center for $30.1 million.

  • June 15, 2018

    Aetna Hit With Class Suit Over Wilderness Therapy Coverage

    Aetna Life Insurance Co. has flouted the terms of two of its health plans by denying coverage for mental health and substance abuse treatment at wilderness programs and residential treatment centers, according to a proposed class action filed in Florida federal court Thursday.

  • June 15, 2018

    Health Hires: Honigman, Arnold & Porter, GrayRobinson

    Honigman Miller Schwartz and Cohn LLP has named a health care fraud pro to co-chair its white collar practice, Arnold & Porter has scored an attorney fresh out of the U.S. Food and Drug Administration, and another health expert has joined GrayRobinson PA.

  • June 15, 2018

    FCC Support Grows For Pai's $171M Telemedicine Boost

    A proposal to increase the limits on how much the Federal Communications Commission subsidizes rural telecom services for health care providers by $171 million a year is gaining traction with commissioners, in a move aimed at improving telemedicine in some of the country's most underserved areas, Chairman Ajit Pai said Thursday.

  • June 15, 2018

    Seminoles Seek Quick Win Against IHS Over Health Funding

    The Seminole Tribe of Florida has asked a D.C. federal court for a win in its suit alleging the Indian Health Service won't pay about $160,000 in overhead and administrative costs to fund the tribe's medical services as required.

Expert Analysis

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Options For Failing Marijuana Cos. And Their Creditors

    Brett Theisen

    In the marijuana industry, there is ambiguity surrounding failing businesses because the product remains illegal under federal law. Brett Theisen of Gibbons PC identifies the credit risks associated with lending to, or working with, a marijuana business and highlights key state law solutions for both debtors and creditors.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • Curious Case Of The Class Cert. Evidentiary Standard: Part 2

    Robert Sparkes

    The majority of circuit courts that have addressed the issue have made clear that district courts should not consider inadmissible evidence when evaluating motions for class certification. In the final part of this series, Robert Sparkes of K&L Gates LLP​​​​​​​ presents a critique of the minority viewpoint as recently adopted by the Ninth Circuit in Sali v. Corona Regional Medical Center.

  • Curious Case Of The Class Cert. Evidentiary Standard: Part 1

    Robert Sparkes

    Can courts consider only admissible evidence at the class certification stage, or are motions for class certification governed by looser evidentiary standards? Robert Sparkes of K&L Gates LLP​​​​​​​ discusses the divergent decisions from the U.S. circuit courts of appeals addressing this issue, both in the context of expert and nonexpert evidence.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.

  • Examining Leadership Structure For Innovation Subsidiaries

    Michael Peregrine

    Many leading health care systems are considering subsidiaries to pursue innovation-related activities and investments. However, such entrepreneurialism is not always a “clean fit” with traditional principles of corporate governance, particularly those in the nonprofit sector, say Michael Peregrine of McDermott Will & Emery LLP and David Nygren of Nygren Consulting.

  • The Latest On State-Level Noncompete Reform

    Kevin Burns

    Since the White House’s “call to action” for state restrictive covenant reform, over a dozen states have proposed and enacted laws reforming their use by employers. As more and more states answer the “call” and alter an already inconsistent legal landscape, employers that use these types of agreements should review them to ensure compliance, say Kevin Burns and Brian Ellixson of Fisher Phillips.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

  • Limited Comfort For Corporate Defendants Post-LabMD Ruling

    Stuart Gerson

    On the face of it, the Eleventh Circuit’s recent opinion in Federal Trade Commission v. LabMD might appear to be a major defeat for the agency and a significant victory for the company. But there is a problem: The panel undertook a cursory and questionable analysis of the scope of the FTC’s jurisdiction and ignored what should be a more fundamental question, says Stuart Gerson of Epstein Becker Green.