Health

  • June 01, 2020

    Pa. Judge Says Fax For Free Webinar Doesn't Violate TCPA

    An unsolicited fax to a doctor's office offering a free webinar was not an "advertisement" in violation of the Telephone Consumer Protection Act since there was nothing being sold, a Pennsylvania federal judge has ruled.

  • June 01, 2020

    Ropes & Gray, Allen & Overy Steer $336M Health Care Deal

    Private equity firm Avista Capital Partners said Monday it will acquire European health care company Vision Healthcare alongside co-investor VHC Investco in a deal steered by Ropes & Gray LLP and Allen & Overy LLP that values Vision Healthcare at €305 million (about $336 million).

  • June 01, 2020

    Perkins Coie Adds M&A Partner To Burgeoning Texas Team

    Perkins Coie LLP added an experienced attorney to its corporate and securities practice from K&L Gates LLP in Dallas last week, adding to its expanding Texas operations.

  • June 01, 2020

    Tribes, Treasury Seek Wins In COVID-19 Funding Row

    The Treasury Department and federally recognized tribes have asked a D.C. federal judge for quick wins in the tribes' suits against the government seeking to block Alaska Native corporations from receiving millions of dollars in federal COVID-19 relief, battling over whether the companies qualify for the funds under the CARES Act.

  • June 01, 2020

    Lasik Vision Institute Hits Ch. 11 After COVID Cash Crunch

    The Florida-based company that runs The Lasik Vision Institute and TLC Laser Eye Centers filed for Chapter 11 protection in Delaware, saying the coronavirus pandemic shutdown on nonessential medical services exacerbated an already-existing liquidity crunch and forced the company into bankruptcy.

  • May 29, 2020

    Tenn. Court OKs Slash Of $4.5M Med Mal Verdict To $1.25M

    A Tennessee appeals court on Thursday approved the reduction of a $4.5 million medical malpractice award to $1.25 million in a closely watched case that had included a constitutional challenge to the state's statutory damages cap.

  • May 29, 2020

    Dems Ask Pentagon How It's Spending $10.6B In Virus Funds

    Democratic lawmakers called on the U.S. Department of Defense to detail how it is spending $10.6 billion in taxpayer dollars provided for efforts to combat the spread of COVID-19 and questioned why only 23% of the funds had been spent so far.

  • May 29, 2020

    NJ Doc Can't Escape Sanctions For Giving Attys Patient Info

    A prominent New Jersey psychologist whose license was suspended after he disclosed sensitive patient information to debt collection attorneys is stuck with more than $100,000 in sanctions after a state appellate court found his violations were egregious.

  • May 29, 2020

    Cannabis Bill Roundup: La. May Expand Medical Pot Access

    A Louisiana bill expanding the list of conditions that qualify patients for medical marijuana and a Missouri bill placing stricter regulations on edible products advanced through their respective statehouses this week. Here, Law360 takes stock of some of the legislative developments in cannabis at the state and federal level.

  • May 29, 2020

    COVID-19 IP Catch-Up: Remdesivir Access, Zoom TM Security

    The novel coronavirus pandemic has continued to cause delays and waivers in the patent and trademark worlds, and also has led to questions about who owns the rights to a key antiviral drug and whether Zoom should be concerned about its trademark.

  • May 29, 2020

    AdventHealth Sues Attorney Over Failed $57.5M Masks Deal

    Adventist Health System says a California attorney and a company that failed to deliver on a $57.5 million deal for 10 million N95 masks have refused to return $2 million in escrow funds even though the deal fell apart, according to a suit filed Friday in Florida.

  • May 29, 2020

    Fla. Tells State High Court Medical Pot Statute Is Lawful

    Florida has told the state's high court that a medical pot dispensary is not likely to succeed in its claims that Florida's licensing system law for dispensaries amounted to an unconstitutional "special law," saying the statute is reasonable and rational.

  • May 29, 2020

    Trump Says US Exiting WHO Over COVID-19 Response

    President Donald Trump said Friday he is terminating the United States' relationship with the World Health Organization over its failure to enact reforms after fumbling the COVID-19 health crisis and announced a series of aggressive actions against China.

  • May 29, 2020

    5th Circ. Won't Revive $61.8M FCA Suit Over Medicare Coding

    The Fifth Circuit has affirmed a lower court's nixing of a $61.8 million False Claims Act suit alleging Baylor Scott & White Health overbilled Medicare over seven years, ruling Thursday that the relator's own complaint indicates that the health care system's practices were simply ahead of the curve.

  • May 29, 2020

    Feds Fight Pharmacists' Bid To Ax Opioid Indictment

    Federal prosecutors have defended the indictment of two pharmacists accused of conspiring with drug distributor Miami-Luken Inc. to flood rural towns with addictive painkillers, telling an Ohio federal judge that evidence at trial will show how they and the defunct company profited from the opioid addiction epidemic.

  • May 29, 2020

    Corporate Bond Rush Brings A Big Wave Of Firsts

    The tidal wave of corporate debt offerings in recent months has enabled companies to raise billions in cash and gain much-needed breathing room to navigate the coronavirus pandemic, setting records and ushering in several first-of-their kind deals along the way.

  • May 29, 2020

    Gov't Contracts Of The Month: Virus, Space And Google Deals

    The federal government looked to the future in May, injecting $1.2 billion into AstraZeneca's candidate COVID-19 vaccine and infusing billions into the U.S.'s space-bound ambitions. Other megadeals include remediation of a nuclear site and Google's partnership with the Pentagon.

  • May 29, 2020

    ERISA Group Takes Seattle Benefits Law Fight To 9th Circ.

    The ERISA Industry Committee is taking its challenge of a Seattle ordinance regarding health care coverage for hotel workers to the Ninth Circuit, after a Washington federal judge ruled the Employee Retirement Income Security Act doesn't trump the state law.

  • May 29, 2020

    Columbia Care Accused Of Plot To Steal Fla. Pot License

    Cannabis industry juggernaut Columbia Care is facing a lawsuit in New York state court over claims it conspired to steal a Florida medical marijuana license from the company that applied for it.

  • May 29, 2020

    Doctor Escapes Sanctions For Now In CNN Defamation Suit

    A Florida judge on Friday put off sanctioning a doctor for delaying production of communications with a CNN reporter in a defamation suit over a story about pediatric surgery mortality rates at a West Palm Beach hospital, saying he might consider it later if the production is incomplete.

  • May 29, 2020

    Coronavirus Q&A: Foley & Lardner's Health Practice Chair

    In this edition of Coronavirus Q&A, one of Foley & Lardner LLP's top health lawyers discusses how the pandemic's psychological trauma could reshape mental health care and what COVID-19's brutal toll on senior citizens means for nursing home operations and investments.

  • May 29, 2020

    Fla. Court Says Deadly Patient Transfer Suit Is Med Mal Case

    A Florida appellate court held Friday that a suit claiming a financial motive was behind health care providers' failure to transfer a patient, allegedly causing the patient's death, is essentially a medical malpractice claim that requires a medical expert's opinion.

  • May 29, 2020

    10th Circ. Revives Genentech Cancer Drug Dosage Suit

    The Tenth Circuit on Friday revived a case alleging Genentech Inc. underfilled packages of its breast cancer drug Herceptin, reversing a district court decision from last year that held the plaintiffs' claims were preempted by federal law.

  • May 29, 2020

    Burger King Sued Over Ex-Manager's Miscarriage

    An ex-manager at a Pittsburgh-area Burger King has filed suit in Pennsylvania federal court alleging that she suffered a miscarriage after her superiors refused to make accommodations for her to go to the hospital when she began experiencing significant vaginal bleeding during a shift last August.

  • May 29, 2020

    Insurer Says Dentists' COVID-19 Claims Fail As Class Action

    The Dentists Insurance Co. is urging a Washington federal court to strike class action claims from a group of dentists who allege they were wrongly denied coverage for COVID-19 related business interruption, saying there are far too many individual questions for the case to work as a class action.

Expert Analysis

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Opinion

    It's Time To Scrap FTC's Health Breach Notification Rule

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    The Federal Trade Commission's notification rule for nonhealth companies that suffer health record data breaches is too narrow, and should be replaced by a federal privacy law that provides uniform and meaningful protections for consumers, says Dena Castricone at DMC Law.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Compliance Tips For Development Bank COVID-19 Projects

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    Companies that bid on projects financed wholly or in part by multilateral development banks to combat the crises caused by the pandemic must have appropriate anti-corruption mechanisms in place to limit the risks of sanctions investigations several years down the road, say Lauren Muldoon and Spencer Bruck at Orrick.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Incentives And Risks From OTC Drug Monograph Revamp

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    A provision in the CARES Act that overhauls the over-the-counter drug monograph system should be a welcome development for certain drug manufacturers and developers but may also result in increased federal scrutiny and enforcement activity, say attorneys at Ropes & Gray.

  • 5 Tips For Drafting Effective Legal Billing Guidelines

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    To properly manage outside counsel, it's imperative for a company's legal department to implement and maintain rules on what they will and won't pay for, on staffing cases and requesting rate increases, and on how matters will be handled, says Chris Seezen at Quovant.

  • Assessing The Novel Antitrust Claims In Humira Case

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    Indirect purchasers are accusing AbbVie of anti-competitive conduct through the use of so-called patent thickets to allegedly delay biosimilar versions of Humira — a theory that would potentially hold a pharmaceutical company liable for the acquisition and enforcement of its patents, raising important legal and economic questions, say analysts at Charles River Associates.

  • Opinion

    Medicare Secondary Payer Proposal Should Set Fair Penalties

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    The Centers for Medicare & Medicaid Services' proposed rule establishing penalties for Medicare secondary payer late reporting unduly punishes entities for making good faith efforts to disclose claims, says Re Knack at the Medicare Advocacy Recovery Coalition.

  • Reopening Sports Venues To Fans Poses Legal Hurdles

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    As the economy reopens, sports leagues planning to bring back games with fans in attendance will need to weigh not only important health and safety issues but also the accompanying business and legal risks, say Christopher Conniff and Nicholas Macri at Ropes & Gray.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • Avoiding M&A Deal-Breaking Disputes During A Downturn

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    As the COVID-19 pandemic complicates the valuation of companies involved in mergers and acquisitions, targets and acquirers alike should take several prudent preclosing steps to mitigate the risk of deal-breaking disputes and subsequent litigation, say Ann Gittleman and Jenna O'Brien at Duff & Phelps.

  • Early Securities Litigation Trends Stemming From Recent IPOs

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    Attorneys at WilmerHale analyze Securities Act complaints against companies that went public immediately prior to and during the COVID-19-induced market volatility, providing preliminary insights into whether, when and on what basis recent issuers are facing securities litigation.

  • Top 5 Wage And Hour Risks To Avoid As Businesses Reopen

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    Employers should use extra caution to sidestep several key wage and hour mistakes as businesses prepare to reopen following the coronavirus crisis and worker classification and Fair Labor Standards Act compliance comes under increased scrutiny, say Kathleen Caminiti and Eric Baginski at Fisher Phillips.

  • Pandemic Elevates Cos.' Compliance Risks In Latin America

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    While Latin American governments respond to pandemic-related financial needs, multinational companies face elevated compliance risks from increased interaction with government officials, and new enforcement policies related to the misappropriation of funds, expedited government contracting, increased transparency and monitoring, and international cooperation, say attorneys at K&L Gates.

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