Health

  • February 20, 2018

    Meet The Attys At The Opioid MDL's Negotiating Table

    The fate of multidistrict litigation over the opioid crisis now rests heavily with 18 elite attorneys who've been tasked with negotiating a settlement in the historic case. Here, Law360 presents the names and faces of the negotiators, along with information about their biggest cases and notable personal achievements.

  • February 16, 2018

    Rehab To Pay $25M To End Investor Suit Over Murder Probe

    Investors in AAC Holdings Inc. announced Friday that they have reached a $25 million settlement with the publicly traded substance abuse treatment center over their securities class action, which accused it and its top executives of covering up an active murder investigation in violation of the Exchange Act.

  • February 16, 2018

    Insmed Beats Stock-Drop Suit Over Lung Disease Drug

    A New Jersey federal judge on Thursday tossed a proposed class action alleging that Insmed Inc. misled investors over the likelihood that a lung disease drug would gain market approval in Europe, ruling that the biopharmaceutical company’s alleged misstatements and omissions didn’t meet the standards for securities law claims.

  • February 16, 2018

    Massage Envy Ducks EEOC Suit Over Ebola Fear-Driven Firing

    A Florida federal judge tossed EEOC claims that a Massage Envy franchise owner illegally fired an employee with plans to visit Ghana on fears she would return with the Ebola virus, finding Thursday she did not qualify as disabled under the Americans with Disabilities Act.

  • February 16, 2018

    Health Care-Focused Blank Check Co. Prices $250M IPO

    Blank check company DFB Healthcare Acquisitions Corp., formed by investment firm Deerfield Management and led by a longtime health insurance CEO, said it raised $250 million in an initial public offering Friday to support the intended acquisition of a health care business.

  • February 16, 2018

    Momenta, Sandoz Can't Nix Drug Antitrust Suit, Court Told

    A Tennessee hospital urged a federal court Thursday to keep its antitrust lawsuit against Momenta Pharmaceuticals Inc. and Sandoz Inc. alive because a related challenge to a Momenta patent is ongoing.

  • February 16, 2018

    Kindred Investors Seek To Stop Humana's $4.1B Acquisition

    A proposed class of Kindred Healthcare Inc. shareholders filed a memorandum Friday in Delaware federal court supporting their motion to halt the progress of a $4.1 billion acquisition of the company by Humana Inc. and two private equity firms until alleged deficiencies in a proxy statement are cured.

  • February 16, 2018

    NLRB Tees Up Misclassification Standard For Review

    The National Labor Relations Board on Thursday called for input on whether the agency should treat misclassifying a worker as an independent contractor as a violation of federal labor law — a “drastic departure from established precedent,” according to the U.S. Chamber of Commerce.

  • February 16, 2018

    $12B ACA Case Strengthened By Trump Budget, Insurers Say

    Health insurers on Friday told the Federal Circuit that their legal fight for $12 billion in Affordable Care Act funds has been strengthened by a Trump administration budget request that suggests the funds are an obligation of the federal government.

  • February 16, 2018

    New FCA Ruling Puts Medicare Advantage Plans On Alert

    A new False Claims Act ruling involving UnitedHealth Group Inc. is a clear warning that Medicare Advantage insurers may face massive penalties for ignoring questionable patient diagnoses and failing to return related government payments.

  • February 16, 2018

    Bass Berry Snags Ex-HHS, Polsinelli Health Care Atty

    Bass Berry & Sims PLC expanded its Nashville, Tennessee, group with the addition of a former Polsinelli PC attorney who brings experience advising on private equity acquisitions and other transactions in the health care industry as well as a background with compliance and False Claims Act suits.

  • February 16, 2018

    McElroy Deutsch Nabs Ex-Locke Lord Atty For New RI Office

    McElroy Deutsch Mulvaney & Carpenter LLP has expanded into Rhode Island, as the firm opened an office in the state and brought in a former Locke Lord LLP product liability and health care specialist to manage and build out the new location.

  • February 16, 2018

    NJ Teacher Cops To Role In $50M Drug Fraud Scheme

    A New Jersey teacher pled guilty to defrauding New Jersey’s health benefits program and other insurers out of more than $2 million by recruiting state employees who could submit unnecessary prescriptions, as part of his role in a $50 million scheme, the New Jersey attorney general said on Friday.

  • February 16, 2018

    Taxation With Representation: Kirkland, Davis, Skadden, Weil

    In this week's Taxation With Representation, Wyndham sold its European vacation rental business to Platinum Equity for $1.3 billion, LyondellBasell bought A. Schulman for $2.25 billion, Hoffman-La Roche proposed buying Flatiron Health for $1.9 billion, and Charles River Laboratories acquired MPI Research for $800 million.

  • February 15, 2018

    Orthodontist Backs Off On Extension Challenge In Award Row

    An orthodontist who resides in France Thursday withdrew his opposition to an orthodontic supply manufacturer’s request for more time to answer a petition to confirm a multimillion-euro arbitration award, telling a Wisconsin federal court he reconsidered after discussions with opposing counsel.

  • February 15, 2018

    Real Estate Rumors: Union Investment, ADME, Braintree

    Union Investment is reportedly buying a New York retail condo leased to Lexus for $88 million, A.D.M.E. Real Estate is said to have sold a Miami Beach assisted-living facility for nearly $18 million and mobile payment software firm Braintree is reportedly in talks with landlord Vornado Realty Trust for 40,000 additional square feet in Chicago.

  • February 15, 2018

    Hospital Workers Win Less Back-Pay Than Sought At NLRB

    A National Labor Relations Board judge ordered a New Jersey hospital to pay a total of about $60,000 to a dozen workers who lost their jobs when it closed its obstetrics unit, paying the workers a fraction of the more than $300,000 the NLRB’s general counsel had sought over the hospital’s failure to negotiate the closure with a union.

  • February 15, 2018

    Dubious Timeline Saves Nursing Home Chain From OT Suit

    A Washington federal judge on Thursday dismissed a proposed collective action by former co-managers at national nursing home chain Holiday Retirement alleging the company illegally denied them overtime, saying the workers can’t sue because they hid their claims during a 2015 bankruptcy.

  • February 15, 2018

    HHS 'Subverted' Congress On Medicare Pay, Labs Say

    The American Clinical Laboratory Association told a D.C. federal court on Wednesday that the U.S. Department of Health and Human Services overstepped its authority when crafting the final rule establishing the criteria for collecting laboratory data as part of Medicare reimbursement programs.

  • February 15, 2018

    Pa. Justices Snub Patient's Appeal Over Brain Hemorrhage

    The Pennsylvania Supreme Court will not hear an appeal from a patient who claimed that a doctor’s failure to advise him to take blood-monitoring tests caused a brain hemorrhage.

Expert Analysis

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Drawing A Road Map For Nationwide Health Info Sharing

    Christine Moundas

    The U.S. Department of Health and Human Services recently released its draft Trusted Exchange Framework, setting forth a guide for a public-private partnership designed to promote interoperability among health information networks. Attorneys with Ropes & Gray LLP address some of the questions that remain in evaluating whether this new voluntary arrangement will help to achieve its intended goals.

  • How Natural Experiments Can Help In Estimating Damages

    Niall MacMenamin

    Establishing a causal link between allegedly wrongful conduct and the quantity of damages asserted can be challenging. Fortunately, increasing volumes of real-world data are available to the damages expert, and natural experiments based on such data can be effective in showing causality and estimating damages, says Niall MacMenamin of Analysis Group Inc.

  • 4 Tips For Applying Arbitration Agreements To TCPA Claims

    Michael Leffel

    With statutory damages of up to $1,500 for each call, text or fax, the Telephone Consumer Protection Act remains a hotbed of class action litigation. Attorneys with Foley & Lardner LLP discuss an additional, often overlooked, tool for defendants in TCPA cases.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Health Republic’s Curious Liquidation: Part 14

    James Veach

    On Feb. 14, Health Republic Insurance of New York's liquidator will ask the New York Supreme Court to approve its report on the present status of its liquidation, but it is what the report doesn't discuss that will be most revealing, says James Veach of Mound Cotton Wollan & Greengrass LLP in the final part of this series.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • Emerging Trends In FCA Enforcement: 2018 Outlook

    Vince Farhat

    Two new policies from the U.S. Department of Justice, along with ongoing developments concerning the elements of scienter and materiality stemming from the landmark U.S. Supreme Court decision in Escobar, have the potential to significantly change the landscape of False Claims Act enforcement in the year ahead, say attorneys with Holland & Knight LLP.

  • Agency Guidance Limits May Shift Health Care Enforcement

    Michael Lampert

    The U.S. associate attorney general recently issued a memo directing civil litigators in the U.S. Department of Justice to limit their use of governmental agency guidance documents in affirmative civil enforcement matters. Attorneys with Ropes & Gray LLP discuss issues that should be monitored over time in order to understand the memo's ultimate impact on civil health care enforcement matters.