Health

  • June 27, 2017

    Key Talc Expert Defends Cancer Link Ahead Of Calif. Trial

    A toxicology expert who has repeatedly testified for women alleging they developed ovarian cancer after using Johnson & Johnson’s talcum powder products on Tuesday explained her methodology to the California judge overseeing the state’s first talc trial.

  • June 27, 2017

    U. Chicago Seeks Win Against Nurses Union In Policy Row

    The University of Chicago Medical Center asked an Illinois judge for a quick win on Monday in its suit attempting to vacate an arbitration award its nurses union won after the hospital changed its attendance and lateness policy.

  • June 27, 2017

    Defense Pushes For Prosecutor Testimony In $1B Fraud Case

    Federal prosecutors pursuing a $1 billion Medicaid fraud case against a Florida businessman failed Tuesday to secure a quick escape from having to provide live testimony in connection with his bid to disqualify them after he raised concerns about sworn statements they offered as a potential substitute.

  • June 27, 2017

    Shkreli Attorney Claims Bad Press Tainting Jury Pool

    Jury selection dragged on for a second day in the securities fraud trial of former pharmaceutical executive Martin Shkreli without any jurors making it to the final panel, while Shkreli's lead attorney moved for a mistrial, saying on Tuesday that a barrage of negative press coverage left the jury selection process "irreparably tainted."

  • June 27, 2017

    Gorsuch And Thomas Becoming Fast Friends At High Court

    In Neil Gorsuch, Clarence Thomas seems to have found a U.S. Supreme Court justice after his own heart. The court’s newest member and its most silent one cast identical votes in case after case this year, at times taking positions deemed more conservative than those of their fellow Republican appointees on the court.

  • June 27, 2017

    FDA Warning Wire: Belladonna In Kids' Teething Products

    The U.S. Food and Drug Administration chewed out a New Jersey company for the levels of potentially toxic belladonna in its recalled homeopathic teething products, scolded a Texas pharmacy chain for its sterility practices and found unapproved ingredients listed on the labels of workout supplements, according to newly released documents.

  • June 27, 2017

    Tax Cuts In Senate Health Bill Unlikely To Spur Growth

    The billions of dollars in tax cuts in the U.S. Senate's now-delayed first attempt at repealing the Affordable Care Act will likely not spur broader economic growth if enacted, experts say, but they might encourage investors to cash in on stocks and other capital gains.

  • June 27, 2017

    5 High Court Concurrences That Read Like Dissents

    “Concurring opinion” can feel like a misnomer when a justice departs from — or downright slams — the reasoning of the majority. Here are the opinions from the latest U.S. Supreme Court term in which the biggest divisions bore the label of agreement.

  • June 27, 2017

    The Sharpest Dissents From This Supreme Court Term

    While there were fewer dissents coming from the U.S. Supreme Court during its October 2016 term than in years past, justices still managed to come up with creative disses and blistering attacks when they were on the losing side. Here, Law360 highlights the term’s top dissents.

  • June 27, 2017

    Texas Court Says Securities Fraud Finding Dealt Too Soon

    A Texas appellate court on Monday reversed a trial court’s finding of securities fraud against a company selling investments in a senior care facility, holding the lower court didn’t adequately consider the company’s argument that the suit is time-barred.

  • June 27, 2017

    WilmerHale Adds 2 Freshfields Patent Partners In London

    WilmerHale on Tuesday said it bolstered its patent litigation practice in the U.K., adding two ex-Freshfields Bruckhaus Deringer LLP intellectual property attorneys who have worked on competition matters, patent examination and with clients in a wide range of industries, including technology, pharmaceuticals and airplane engines.

  • June 27, 2017

    Lincare Pays $20M To Resolve False Billing Probe

    Medical equipment maker Lincare will pay $20 million to settle whistleblowers’ allegations that it fraudulently billed government programs for its products and services.

  • June 27, 2017

    Ill. Medicaid Classes Say State Should Pay $586M A Month

    A group of Illinois Medicaid recipients asked a federal judge on Monday to order the struggling state to pay nearly $600 million a month into the program until it resolves its budget impasse, saying talks with the state over the bill backlog had broken down.

  • June 27, 2017

    ACA Repeal Vote Delayed As Support Ebbs

    Republican leaders on Tuesday canceled plans to vote this week on legislation to dismantle much of the Affordable Care Act, bowing to diminished support after a damaging government report on the bill's impact.

  • June 27, 2017

    Express Scripts Defends Privilege Log In Antitrust Suit

    Express Scripts Inc. urged a Missouri federal judge Monday to reject HM Compounding Services LLC’s request that it waive privilege for 6,500 documents in an antitrust suit alleging the pharmacy benefit manager pushed compounding pharmacies out of the market.

  • June 26, 2017

    J&J Battles Talc Cancer Expert Before First Calif. Trial

    Johnson & Johnson on Monday grilled a toxicology expert who has repeatedly testified for women alleging the company’s talcum powder products caused ovarian cancer, questioning whether her expert report for the first talc trial in California misinterpreted information from studies she never read.

  • June 26, 2017

    Harsh Words For Shkreli From Jurors As Selection Begins

    Jury selection began on Monday in the securities fraud trial of former Retrophin Inc. and Turing Pharmaceuticals boss Martin Shkreli, with roughly 20 potential jurors being excused for cause due to their opinions of the controversial pharma executive, who one juror called, “the most hated man in America.”

  • June 26, 2017

    DQ Bid Over Judge Wife’s Social Media 'A Zero,' Judge Says

    A California federal judge's wife’s online thumbs-up on Facebook posts and a “pinkified” profile don’t warrant his removal from a suit seeking to block anti-abortion activists' hidden-camera videos of abortion provider meetings, according to a Monday order.

  • June 26, 2017

    The Supreme Court Term By The Numbers

    Despite a contentious confirmation hearing for Justice Neil Gorsuch, the U.S. Supreme Court term itself was mellow this year, with more unanimous cases and fewer controversial decisions. Still, there were a handful of business rulings that packed a punch.

  • June 26, 2017

    The Firms That Won Big At The Supreme Court

    One firm went undefeated at the U.S. Supreme Court this term. Another built on last year’s winning streak. And some high court powerhouses took their lumps. Here, Law360 breaks down how the firms most frequently seen at oral arguments performed this term.

Expert Analysis

  • Ransomware Attacks Raise Key Legal Considerations

    Lisa Sotto

    Ransomware is a growing concern and can have significant legal implications for affected entities. There are six things to keep in mind as you work to understand and respond to the threat of these disruptive attacks, say Lisa Sotto, Brittany Bacon and Jeffrey Dunifon of Hunton & Williams LLP.

  • Senate Bill May Force Rise In Suits For Opioid Funding

    Adam Fleischer

    As the Senate seeks to reduce funding and services for opioid addiction, states and governments seeking new sources of funding may have increased incentive to sue manufacturers and distributors of prescription opioids. An increase in suits may shift the financial burden of the opioid crises to the pharmaceutical defendants and their liability insurers, say Adam Fleischer and Patrick Bedell of BatesCarey LLP.

  • Martin Shkreli Goes On Trial — What To Expect

    Bennett Gershman

    Jury selection in the securities fraud trial of Martin Shkreli has begun, with prospective jurors hurling inflammatory rhetoric at him, calling him a “snake” and “the most hated man in America.” It seems almost inconceivable that Shkreli will testify, says former prosecutor Bennett Gershman now at Pace Law School.

  • Opinion

    Why Whole Woman’s Health Still Matters 1 Year Later

    Nancy Northup

    One year ago the U.S. Supreme Court’s decision in Whole Woman’s Health v. Hellerstedt decisively rejected the widespread anti-choice tactic of restricting women’s reproductive rights with sham legislation. A new lawsuit recently filed in Louisiana reveals exactly why that ruling is the most important decision on abortion rights in a generation, says Nancy Northup, president and CEO of the Center for Reproductive Rights.

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • Why Actuarial Equivalence Matters For Medicare Advantage

    Ursula Taylor

    The requirement of actuarial equivalence presents interesting implications for Medicare Advantage organizations, the Centers for Medicare and Medicaid Services and other stakeholders keen on ensuring the fairness and equity of the Medicare Advantage payment process, given the propensity for error in identifying and reporting diagnosis coding, says Ursula Taylor of Butler Rubin Saltarelli & Boyd LLP.

  • Monthly Column

    Gray Matters: We Feel, We Decide

    DecisionError.jpg

    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Provider Concerns When Recommending Medical Marijuana

    Michaela Poizner

    When it comes to medical marijuana, health care providers are in an awkward — but not impossible — spot. In many cases, state and federal laws governing medical marijuana are in direct conflict, leaving providers who want to encourage their patients to use marijuana on shaky legal ground, says Michaela Poizner of Baker Donelson.

  • Ambiguous Regulation May Not Preclude FCA Liability

    Michael Prendergast

    The recent Lincare opinion gives notice that, at least in the Eleventh Circuit, regulation ambiguity alone will not provide an impenetrable shield against False Claims Act liability for contractors, say Michael Prendergast and Jerome Hoffman of Holland & Knight LLP.