Health

  • November 23, 2020

    Greenberg Traurig Clears Conflict Inquiry In $1B Fraud Case

    A Tennessee federal judge on Friday found that potential conflicts of interest do exist between several attorneys representing a pharmacy owner and pharmacies accused of a $1 billion insurance scheme, but waived the conflicts pertaining to a pair of Greenberg Traurig LLP lawyers.

  • November 23, 2020

    Worker's Family Blames Publix Mask Ban For COVID-19 Death

    Publix Super Markets Inc. put profits before employee safety, the family of a Florida deli worker who died after allegedly catching COVID-19 from a co-worker alleged in a lawsuit filed on Monday.

  • November 23, 2020

    SPAC Links Up With 2 Cos. To Form $1.35B Telehealth Giant

    A special purpose acquisition company launched by serial blank check company creator GigCapital Global unveiled plans Monday to merge with digital health care provider UpHealth and telemedicine solutions provider Cloudbreak to forge a publicly traded telehealth business with an enterprise value of $1.35 billion, in a deal guided by DLA Piper, Husch Blackwell and Sidley Austin.

  • November 23, 2020

    Split 5th Circ. Says Texas Can Cut Planned Parenthood Funds

    An split en banc Fifth Circuit on Monday overruled a circuit panel and vacated a preliminary injunction blocking Texas from kicking Planned Parenthood out of the Medicaid program, holding that individual patients do not have a right to challenge the state's determination that their providers were not "qualified."

  • November 23, 2020

    Texas Hospital Keeps Win In Patient Nerve Damage Suit

    A Texas appellate court has affirmed the dismissal of a suit seeking to hold a Baylor Scott & White hospital liable for a patient's nerve damage suffered due to alleged malpractice, rejecting the patient's argument that the treatment shouldn't be considered emergency medical care subject to a higher evidentiary standard.

  • November 23, 2020

    Teva's Bid To Duck MDL Trials Slammed As 'Fool's Errand'

    A group of drug buyers and states asked a Pennsylvania federal judge Friday to reject Teva Pharmaceutical's bid to scrap a bellwether trial in multidistrict litigation over civil price-fixing claims to await the outcome of related criminal charges, calling the drugmaker's efforts to keep witnesses from overlapping a "fool's errand."

  • November 23, 2020

    Ex-Fugitive Accused Of Medicare Fraud Gets 3 Years

    A New York federal judge sentenced the former co-owner of a medical equipment supplier to three years in prison Monday for health care fraud, after the accused was expelled from Haiti following 11 years on the lam.

  • November 23, 2020

    AstraZeneca Finds 90% Vaccine Success, Will Seek Approval

    AstraZeneca said Monday that one of its coronavirus vaccine candidates achieved 90% effectiveness, while the average efficacy of its two dosing regimens hit only 70% — well below the rates recently reported for Pfizer and Moderna's vaccine candidates.

  • November 23, 2020

    Merck Again Denied In Bid To Arbitrate Vaccine Antitrust Suit

    A Pennsylvania federal judge on Friday refused for a second time to force doctors' practices into arbitration on proposed class action claims that Merck Sharp & Dohme Corp. unlawfully overpriced vaccines, finding that discovery mandated by the Third Circuit shows they're too far removed from the arbitration provisions.

  • November 23, 2020

    Md. Court Reinstates $2.6M Award In Cancer Death Suit

    A Maryland appeals court on Monday reinstated a $2.6 million jury verdict in a suit accusing a radiologist of failing to timely diagnose a woman's breast cancer that caused her death, saying the trial judge's decision to toss the verdict was erroneous.

  • November 23, 2020

    Claims Court Denies Bid Protest Over VA IT Contract

    A U.S. Court of Federal Claims judge has ruled that a U.S. technology firm was properly excluded from a solicitation by the U.S. Department of Veterans Affairs because its proposal had been fairly rated as "unacceptable."

  • November 23, 2020

    Stericycle Investor Seeks Atty Sanction After Objector Claim

    A Stericycle shareholder appealing a 25% cut that Bernstein Litowitz received from representing investors in a $45 million settlement with the solid waste hauler is pressing the Seventh Circuit to reprimand a firm attorney, saying he called the shareholder's own lawyer a "notorious professional objector" despite knowing the allegation was baseless.

  • November 23, 2020

    Texas Law Firm, Mexican Supplier Settle $3M Mask Sale Row

    A Mexican medical equipment supply company told a Texas federal judge on Monday that it had agreed to settle claims that a San Antonio-based law firm withheld over $3 million from a deal to sell millions of face masks to the state's emergency management agency.

  • November 23, 2020

    Feds Say No Privilege For Ex-Theranos CEO In Fraud Case

    The U.S. government is asking a California federal judge to make the former CEO and founder of Theranos turn over witness interviews and other documents relating to allegations that she and her partner sold blood-testing technology they knew didn't work, saying she can't assert attorney-client privilege for work done for the now-defunct company.

  • November 20, 2020

    Trump Slams Big Pharma In Rollout Of Drug Price Rules

    President Donald Trump on Friday announced two finalized policies aimed at fulfilling a campaign promise to cut drug prices, a move he expects will draw legal challenges from Big Pharma.

  • November 20, 2020

    11th Circ. Nixes Widow's Win In Engle Tobacco Suit

    Big Tobacco scored a win in one of the last Engle progeny cases pending in federal court Friday, with the Eleventh Circuit finding that a widow can't collect on her husband's death because neither of his conditions qualified him as a member of a historic tobacco class action.

  • November 20, 2020

    11th Circ. Questions Oscar, Florida Blue On Exclusivity Rules

    An Eleventh Circuit panel during oral arguments Friday grilled Oscar Insurance, the U.S. Department of Justice and Blue Cross Blue Shield of Florida over the latter's rules barring agents from selling insurance policies offered by other companies and whether the exclusivity requirement was protected from federal antitrust law.

  • November 20, 2020

    GAO Backs Defense Health Unit's Follow-On R&D Deal

    The Defense Health Agency was allowed to award a health care delivery modernization research contract to a small business without competition because it could link the contract to an earlier Navy research deal, the U.S. Government Accountability Office has ruled, turning down a protest from a rival company.

  • November 20, 2020

    FDA Targets COVID-19 Claims Over Stem Cell, Dental Products

    The U.S. Food and Drug Administration has issued more warnings over claims that products could prevent or treat COVID-19, this time targeting stem cell products and dental rinses.

  • November 20, 2020

    Medical Marijuana Co. Sues Law Firm For Malpractice

    An Arkansas medical marijuana company has sued Feuerstein Kulick LLP with a $5 million legal malpractice suit, alleging that the firm misrepresented itself by claiming to be experts in the legal process of the medical marijuana industry and that it cost the company licensure from the state.

  • November 20, 2020

    Hospital Looks To Block Plan To Boot It From Health Network

    St. Luke's Hospital in Ohio has urged a federal judge to put an immediate stop to efforts by a rival to push a group of doctors to sever their relationship with St. Luke's.

  • November 20, 2020

    Pot Co. Liberty Health Agrees To Settle $1.8M Securities Row

    Canadian cannabis company Liberty Health Sciences Inc. announced it has agreed to pay $1.8 million to settle a proposed federal securities class action suit just as it was about to enter its third year.

  • November 20, 2020

    Pfizer, BioNTech Seek Emergency COVID-19 Vaccine Approval

    Pfizer and its German partner BioNTech filed an emergency approval request with the U.S. Food and Drug Administration on Friday, asking the regulator to sign off on their COVID-19 vaccine candidate, which they claim has a 95% effectiveness rate with "no serious safety concerns observed to date."

  • November 20, 2020

    Mallinckrodt Can Use Lender Cash As Ch. 11 Probe Proceeds

    A Delaware judge on Friday cleared global drugmaker Mallinckrodt PLC to continue using lender cash to fund its Chapter 11 case after an agreement was struck with unsecured creditors and opioid tort claimants to free up more money and time to investigate possible litigation claims.

  • November 20, 2020

    11th Circ. Blocks Fla. Conversion Therapy Bans

    The Eleventh Circuit on Friday blocked local bans on "conversion therapy" implemented by Boca Raton and Palm Beach County, ruling that the ordinances violate the First Amendment by impermissibly curbing therapists' speech.

Expert Analysis

  • A Forgotten But Effective Tool Against Opioid Scams

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    With the pandemic contributing to rising rates of opioid and substance use disorders, prosecutors should consider the regrettably underused Eliminating Kickbacks in Recovery Act as a tool for targeting and shutting down body brokers and others in the treatment industry that place profits above patients, say Michael Adelberg and Matthew Rubin at Faegre Drinker, and Melissa Garrido at Boston University.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • How Federal Virus Liability Law Will Apply To Vaccine Claims

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    Three federal court decisions addressing the Public Readiness and Emergency Preparedness Act suggest that the law likely preempts state claims related to a COVID-19 vaccine, but is unlikely to cover the failure to administer the vaccine, says Nathan Adams at Holland & Knight.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • How Managing Enterprise Risk Can Help Hospitals In Crisis

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    As hospitals and health care systems manage the challenges of the pandemic, integrating enterprise risk management principles into existing business practices can help reduce performance variation, reveal new business opportunities and develop resiliency, says Keith Smith at Moore & Van Allen.

  • 5 Red Flags For Pandemic-Related Investment Scams

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    As the U.S. Securities and Exchange Commission clamps down on fraudsters seeking funding for pandemic-related products and services, several warning signs can help identify investment scams, says Alan Rosca at Goldman Scarlato.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Rebuttal

    Courts Are Not Confused About Opioid Insurance Suits

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    Although a recent Law360 guest article claimed that confusion has seeped into decisions concerning insurance coverage for opioid lawsuits, courts have addressed the issue clearly and consistently in holding that commercial general liability policies cover the defense of such cases, say attorneys at Miller Friel.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

  • Opinion

    FTC Exceeded Its Authority In Zoom Cybersecurity Settlement

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    In light of the Federal Trade Commission's requirement, in excess of its statutory authority, that Zoom overhaul its data security as part of a recent deceptive practices settlement, companies shouldn't assent to unfounded relief even when challenging the agency could result in costly litigation, say attorneys at Orrick.

  • State FCA Considerations For Cos. Seeking COVID-19 Relief

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    Any business seeking funding from a state or local pandemic relief program should be cognizant of the significant legal exposure it could face under a state false claims act, say attorneys at Patterson Belknap.

  • The Pandemic's Long-Term Impact On Law Firm Operations

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    Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.

  • How Biden Might Dismantle Trump-Era Regulations

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    The Biden administration will likely take swift action to undo regulatory actions from the past four years with a variety of tools, including executive orders, the Congressional Review Act and legal challenges under the Administrative Procedure Act, say attorneys at Jenner & Block.

  • Cannabis In NJ Can't Work Without Medical Marketplace Fix

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    Although New Jersey voters recently approved the state’s adult-use cannabis referendum, the new program cannot succeed without first expanding the state's medical marketplace, which is failing to meet existing demand due to an appellate stay on licensing, says Michael McQueeny at Foley Hoag.

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