Health

  • December 8, 2017

    The Law Firms Of The 2017 MVPs

    Law360's MVP award goes to attorneys who have distinguished themselves from their peers in litigation, deals and other complex matters. Find the MVPs at your firm here.

  • December 8, 2017

    Law360 MVP Awards Go To Top Attorneys From 78 Firms

    The elite slate of attorneys chosen as Law360’s 2017 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • December 8, 2017

    Texas Justices To Hear Challenge To $9.6M MedMal Verdict

    The Texas Supreme Court on Friday agreed to hear a case in which Obstetrical and Gynecological Associates and one of its doctors argue that there was legally insufficient evidence to support a $9.6 million jury award in favor of the husband of a woman who alleges the substandard care she received resulted in a brain injury.

  • December 8, 2017

    Cancer Center In Ch. 11 To Shell Out $26M In FCA Deal

    21st Century Oncology LLC has agreed to pay $26 million to settle allegations that it violated the False Claims Act and Stark Law by paying off physicians who referred patients, according to an agreement recently filed in New York bankruptcy court.

  • December 8, 2017

    Medicaid Scheme Lands NY Businessman 6-Year Sentence

    An Albany County Supreme Court justice slapped a New York transportation company’s owner with two to six years in prison for submitting over $50,000 worth of false Medicaid claims for transportation that never occurred, according to an announcement Friday from the state attorney general’s office.

  • December 8, 2017

    Pharma Group Sues Calif. Over Drug Pricing Law

    Trade group Pharmaceutical Research and Manufacturers of America on Friday sued California to block a newly approved drug pricing law, calling it a vast overreach that amounts to a “nationwide ban” on price increases.

  • December 8, 2017

    Veteran’s Sex-Assault Suit Against VA Staffer Moves Forward

    A Kansas federal judge on Thursday kept alive much of a veteran’s suit alleging a former physician’s assistant at a U.S. Department of Veterans Affairs hospital sexually assaulted him during medical examinations, but tossed his negligent hiring and retention claims.

  • December 8, 2017

    Katten Atty Says He Never Saw Greebel Break The Law

    A onetime colleague of former Katten Muchin corporate attorney and fraud defendant Evan Greebel who was retained to handle a U.S. Securities and Exchange Commission investigation into one of Martin Shkreli’s hedge funds told a Brooklyn federal jury on Friday that he never saw Greebel do anything illegal.

  • December 8, 2017

    No Extra $2.3M FICA Refund For Kansas Education Nonprofit

    A nonprofit will not receive at least $2.3 million in additional interest it had sought from the IRS for overpayment of Federal Insurance Contributions Act tax, after a Kansas federal judge ruled Thursday that the entity should be treated as a corporation.

  • December 8, 2017

    Taxation With Representation: Shearman, Sullivan, Wachtell

    In this week’s Taxation With Representation, CVS bought Aetna for $69 billion, UnitedHealth Group Inc. subsidiary Optum acquired Davita for $4.9 billion, Prysmian snapped up General Cable for $3 billion, and Hartford sold its life insurance business for $2.05 billion.

  • December 7, 2017

    Eye Doc Blasts Feds' Loss Calculations Before Sentencing

    Counsel for a politically connected Florida ophthalmologist convicted of overbilling Medicare by $32 million urged a district court to toss the government's loss calculations Thursday as the sides made final arguments before sentencing, suggesting prosecutors have met the burden of proof for only $64,000 in false claims.

  • December 7, 2017

    11th Circ. Won't Give LabMD 2nd Bite At Tiversa Fraud Row

    The Eleventh Circuit on Thursday refused to revive a computer hacking and trespass suit that LabMD filed against Tiversa in Georgia federal court as part of the parties' wide-ranging dispute over the exposure of a LabMD patient data file, agreeing with a lower court that there was no evidence that a Pepper Hamilton LLP partner who represented Tiversa intentionally deceived the court.

  • December 7, 2017

    Contractor Sues For $21M Over Bio Warfare Facility Work

    An electrical contractor sued a slew of construction and insurance companies in Maryland federal court Wednesday, demanding $21 million for the contractor's extra work on a biological warfare research facility and alleging the project was mismanaged and inefficient even before a fire destroyed half the building.

  • December 7, 2017

    Feds Blast Ex-Pharmacist's Acquittal Bid In Meningitis Row

    The government urged a Massachusetts federal court Wednesday to not acquit a pharmacist convicted of 77 counts including racketeering and mail fraud for manufacturing deadly drugs in the 2012 fungal meningitis outbreak, saying the arguments presented to support acquittal have been rejected by the court or rely on facts dismissed by the jury.

  • December 7, 2017

    NJ Sandy Coverage Row Still Sunk By Lack Of Expert Affidavit

    A New Jersey state appeals court on Thursday refused to revive a lawsuit against an insurance broker from a medical practice and nutritional health business over Superstorm Sandy-related coverage, saying a trial court rightfully tossed the action over the company’s failure to submit an expert affidavit.

  • December 7, 2017

    Ex-Katten Atty Was Corporate Ace At Firm, Jury Hears

    A former Katten Muchin lawyer and mentor to ex-Katten partner and accused fraudster Evan Greebel on Thursday told a Brooklyn federal jury in the fraud trial of how Greebel was a rainmaker in the firm’s corporate department with multiple big league clients, as the defense sought to blunt the government's theory of motive. 

  • December 7, 2017

    Pa. Appeals Court Revives Medical Practice Ownership Fight

    In a decision interpreting the state statute governing limited liability companies, a Pennsylvania appeals court issued a published opinion Thursday finding that the majority owners of a defunct ophthalmology practice owed a duty to minority owners as they pursued a deal to sell the business.

  • December 7, 2017

    Catholic-Dignity Merger To Forge Nonprofit Health Giant

    Catholic Health Initiatives and Dignity Health announced Thursday that they will merge to create the largest nonprofit health care system in the nation, operating facilities in 28 states.

  • December 7, 2017

    Patient Forfeited Forum Choice, Doc Tells 5th Circ.

    A doctor and his clinic accused of medical malpractice over a tonsil surgery urged the Fifth Circuit on Wednesday to reject a patient’s appeal seeking to transfer her case to Texas federal court, saying she can’t change forums after nearly three years of state court litigation.

  • December 7, 2017

    Lab CEO Can't Be Named In FCA Retaliation Suit, Court Says

    An executive from a Virginia medical laboratory can’t sue his boss for retaliation that allegedly occurred after he aided the government in a $3.2 million False Claims Act suit, as whistleblowers can't sue individuals for retaliation, a New York federal judge said on Wednesday.

Expert Analysis

  • Series

    40 Years Of FCPA: The Untold Story Of The Resource Guide

    Charles Duross

    Much has been written about the 2012 "Resource Guide to the U.S. Foreign Corrupt Practices Act," but no one has talked about the behind-the-scenes work that produced the guide — until now, say Charles Duross, former chief of the FCPA Unit at the U.S. Department of Justice, and Kara Novaco Brockmeyer, former chief of the FCPA Unit at the U.S. Securities and Exchange Commission.

  • Is Your Company Ready For Artificial Intelligence?

    Erin Bosman

    Evolving technologies such as artificial intelligence will change countless aspects of how companies do business. Consumer product companies ceding control to technology should weigh efficiencies against the risks posed by such novel movements, say attorneys at Morrison & Foerster LLP.

  • Series

    40 Years Of FCPA: A Journey From Conviction To Dismissal

    Janet Levine

    The twist in the Lindsey Manufacturing Foreign Corrupt Practices Act case was the truncated time in which we prepared. Having refused to waive their rights to a speedy trial, our clients took control of the case — this, along with the compressed time frame, forced the government to make errors, say Janet Levine, Sima Namiri-Kalantari and Megan Weisgerber of Crowell & Moring LLP.

  • Leveling The Playing Field With The Jury Inference

    Peter Hargitai

    What happens when a litigant has no access to an opponent’s evidence because it has been destroyed or lost? Recently, the Supreme Court of Florida created a revised standard jury instruction, allowing juries to infer that missing evidence may be unfavorable to the party who lost or destroyed it. Practitioners should know how to use this tool, says Peter Hargitai of Holland & Knight LLP.

  • 'Tis The Season To Be Mindful Of Workplace Accommodations

    Courtney White

    As we prepare holiday to-do and shopping lists, employers should remember the legal obligations for recognizing, addressing and accommodating employees’ religious needs. Attorneys at Ogletree Deakins Nash Smoak & Stewart PC discuss five considerations to keep top of mind this season and year-round.

  • A Closer Look At Disaster Relief Guidance For Health Plans

    Gisue Mehdi

    Not only have recent natural disasters caused massive human tragedy, but also significant disruptions to employer-sponsored health and welfare plans in the affected regions. In response, federal regulatory agencies have issued guidance to provide relief to employers on plan-related deadlines and to address issues faced by impacted employers and employees, says Gisue Mehdi of Trucker Huss APC.

  • FCA Attention Turns To Electronic Health Records

    Jaime Jones

    The Centers for Medicare & Medicaid Services has committed significant resources toward encouraging health care providers to use electronic health records systems. Unsurprisingly, the increased adoption of EHR systems and the government’s subsidization thereof has attracted attention from relators filing qui tam suits under the False Claims Act, say Jaime Jones and Brenna Jenny of Sidley Austin LLP.

  • Series

    40 Years Of FCPA: The Siemens Lesson — Tillerson Is Right

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    Since its whopping $800 million Foreign Corrupt Practices Act settlement in 2008, Siemens cleaned up — and it has “cleaned up” in its long-standing competition with General Electric. How? As Secretary of State Rex Tillerson reportedly told President Donald Trump, you don’t need to pay bribes to succeed in international business, says Peter Y. Solmssen, former general counsel of Siemens.

  • Series

    40 Years Of FCPA: The Rise In International Enforcement

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    The 2008 Siemens matter — then the largest sanction ever imposed in a Foreign Corrupt Practices Act enforcement action — set the stage for future cross-collaboration in global anti-corruption enforcement, say Cheryl Scarboro, former chief of the FCPA Unit at the U.S. Securities and Exchange Commission, and Diana Wielocha of Simpson Thacher & Bartlett LLP.

  • Is A Shift In DOJ Qui Tam Intervention Policy Coming?

    Brian McEvoy

    A U.S. Department of Justice official recently made a surprising policy announcement that has the potential to change the practice of attorneys involved in bringing and defending against qui tam lawsuits under the False Claims Act, say Brian McEvoy and Michael Besser of Polsinelli PC.