Health

  • February 06, 2023

    Tenn. Woman Says L'Oreal Products Caused Her Cancer

    A Tennessee woman is suing personal care company L'Oreal over allegations that her longtime use of two products led to her endometrial cancer diagnosis years later, saying the company used chemicals known to interfere with people's hormonal and reproductive systems.

  • February 06, 2023

    'No Surprises' Medical Billing Rule Is Still Illegal, Judge Rules

    A Texas federal judge granted wins Monday to plaintiffs in a consolidated lawsuit challenging a federal surprise medical billing rule relating to an arbitration system for handling payment fights between out-of-network providers and health insurers, finding the rule places "a thumb on the scale" in insurers' favor.

  • February 06, 2023

    Cedars-Sinai Sells Patient Info To Meta, Google, Suit Says

    Cedars-Sinai improperly gathers and shares patients' personal medical information from its website with tech giants like Facebook, Google and Microsoft through the use of tracking pixel codes and analytics to target the patients with advertisements from third parties, according to a proposed class action that was removed to California federal court.

  • February 06, 2023

    Insurer Ignored Evidence To Deny Disability Claim, Suit Says

    Hartford Life and Accident Insurance Co. wrongly dismissed the opinions and evidence of on-the-ground doctors when it found that an Anheuser-Busch employee was not entitled to disability benefits, the worker alleged in a suit filed in Georgia federal court.

  • February 06, 2023

    Pfizer Must Produce Exchanges With FBI In Data Swiping Suit

    Pfizer must disclose a tranche of 35 emails and text messages that the pharmaceutical giant exchanged with the FBI before filing a civil trade secrets lawsuit against two former executives who quit and formed a new company, a U.S. magistrate judge in Connecticut has ruled.

  • February 06, 2023

    Ohio Abortion Clinics Tell Justices To Leave Block On Law

    A group of Ohio abortion clinics and doctors is urging the state Supreme Court not to intervene to disturb a preliminary injunction blocking an Ohio law that effectively prohibits abortion care after six weeks of pregnancy, saying a lower court's decision maintains the status quo and is therefore not reviewable.

  • February 06, 2023

    Cos. Sued Over Recalled Eyedrops Linked To Outbreak

    A Kentucky man hit several companies with a proposed class action over recently recalled eyedrops linked to an outbreak of drug-resistant bacteria that has caused at least one death and permanent blindness in some cases.

  • February 06, 2023

    Shareholder Sues Medical Exec. Facing Murder-For-Hire Trial

    An investor has sued Los Angeles-based Enochian Biosciences Inc. and its directors on claims they ignored serious red flags as a co-founder put together a web of lies about his own credentials and inventions before being arrested in a coast-to-coast murder-for-hire plot and tanking the company's stock by 50%.

  • February 06, 2023

    Ga. Family Reveals Generational Opioid Addiction At Trial

    Three generations of opioid addiction within a south Georgia family were detailed Monday in a trial against major prescription drug distributors accused of flooding a coastal Peach State community with pills for profit.

  • February 06, 2023

    Cannabis Bill Roundup: Md. Lawmakers Pitch Pot Regulation

    A pair of Maryland bills filed this week would establish the regulated adult-use cannabis market that voters approved by ballot initiative on Election Day, while lawmakers took action on proposed cannabis legislation in Tennessee, Texas and Mississippi. Here are the major moves in cannabis reform from the past week.

  • February 06, 2023

    Anthem Nurses Win Collective Cert. In Georgia OT Suit

    A Georgia federal judge on Monday certified a class of medical management nurses for Anthem Cos. Inc. in their suit alleging the health insurer did not pay them overtime wages, ruling the nurses' duties were similar enough to warrant certification.

  • February 06, 2023

    Labcorp Inks $19M False Claims Act Deal In 10-Year-Old Case

    A pair of whistleblowers said Laboratory Corp. of America Holdings has agreed to fork over $19 million to end a case alleging the lab testing giant was part of a plan involving kickbacks to health care professionals over blood draws.

  • February 06, 2023

    Catching Up With Delaware's Chancery Court

    Bacardi and Jay-Z finally clinked glasses and resolved their long-running dispute over D'Usse cognac, a 72-year-old rule on judicial appointments got tossed, and three more electric vehicle companies asked the court to retroactively validate shares.

  • February 06, 2023

    Seyfarth Accused Of Ushering Bad Deal On Companies' Sale

    The owner of a data aggregation company for pharmaceutical groups is accusing international law firm Seyfarth Shaw LLP in a New York federal court of giving him legal advice that prompted him to make a bad deal on the sale of a suite of companies, leaving him with nearly $50 million less to invest in his new venture.

  • February 06, 2023

    Oracle Unit Wins Fees After Beating Patent Case

    A California federal judge has awarded attorney fees to Cerner Corp. in a suit where the company was cleared of infringing software company CliniComp International Inc.'s data management patent after finding the case eventually "became objectively baseless."

  • February 06, 2023

    Ohio Neurologist Given 2½ Years For Drug Kickback Scheme

    A Cleveland-area neurologist has been sentenced to two and a half years in federal prison and fined $50,000 after he pled, just as his trial was to begin, to participating in a scheme to bribe doctors to prescribe Avanir Pharmaceuticals Inc.'s neurological medication Nuedexta.

  • February 06, 2023

    King & Spalding Adds Ex-Greenberg Attys To Trial Team

    King & Spalding LLP announced Monday that it is continuing to strengthen its trial and global disputes practice with the addition of two former Greenberg Traurig LLP partners.

  • February 03, 2023

    Opioids Ravaged Ga. Family, Jury Told In Distributor Case

    A Georgia fire captain took the stand Friday as the first plaintiff to testify in a private opioid trial against major drug distributors, telling jurors the drugs exacted a heavy toll on his relatives and their relationships.

  • February 03, 2023

    Another PTAB Loss For Bank Of America In Mobile IP Row

    Bank of America has failed to persuade another panel of Patent Trial and Appeal Board judges that the claims in a decade-old patent covering a way of generating data from scanned images should not have been issued, a win for a company that's owned by billionaire physician Patrick Soon-Shiong.

  • February 03, 2023

    GoodRx Holdings Hit With Class Action Over Data Sharing

    GoodRx has been hit with a lawsuit claiming that it breached state privacy laws by sharing users' sensitive health data with advertisers, days after the digital health care platform agreed to pay $1.5 million to end a federal probe into the alleged practice.

  • February 03, 2023

    Claims Court Won't Block $24.8M CMS Deal Amid Protest

    A Court of Federal Claims Judge has rejected an information technology company's bid to block a $24.8 million Centers for Medicare and Medicaid task order from moving forward while it protests, saying the company had misinterpreted the underlying solicitation.

  • February 03, 2023

    10th Circ. Erases CSA Convictions After High Court Ruling

    The Tenth Circuit on Friday vacated the Controlled Substances Act convictions of a doctor accused of excessively prescribing opioids and other addictive drugs, after the U.S. Supreme Court ruled in his favor.

  • February 03, 2023

    Calif. Federal Judge Orders Release Of Medical Pot Operator

    A man convicted of running a California medical marijuana operation and sentenced to over two decades in federal prison is expected to walk free on Friday after a federal judge granted a motion to reduce his sentence.

  • February 03, 2023

    Australia Legalizes Prescribing Of Psilocybin And MDMA

    Australian psychiatrists will be able to prescribe psilocybin, the active ingredient in "magic mushrooms," and MDMA, also known as "ecstasy," to treat depression and post-traumatic stress disorder, respectively, beginning in July, health authorities have announced.

  • February 03, 2023

    'Green Shoots' Start To Emerge From A Bruised IPO Market

    The battered initial public offerings market is showing signs of life in early 2023 that could set the stage for gradual recovery later this year, marking a potentially welcome development for capital markets lawyers after a bruising 2022.

Expert Analysis

  • Opinion

    Biden Admin.'s Anti-Merger Stance Is Leading To Bad Policies

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    A U.S. Department of Justice Antitrust Division speech reflects the Biden administration's goal to move enforcement in a markedly anti-merger direction, an approach that is leading to bad policies and enforcement decisions, says Cleary attorney David Gelfand, a former DOJ Antitrust Division official.

  • A Litigation Move That Could Conserve Discovery Resources

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    Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.

  • Issues To Watch In Fla.'s Telehealth Genetic Counseling Bills

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    Two recently introduced Florida bills would expand the state’s telehealth statute to include genetic counseling services, and though they currently don’t have opposition, they may have to overcome data privacy and out-of-state licensing concerns, say Erika Alba and Jacqueline Acosta at Foley & Lardner.

  • Questions Surround FDA's Orphan Drug Exclusivity Approach

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    In light of a new U.S. Food and Drug Administration notice, which contrasts with an Eleventh Circuit ruling on orphan drug exclusivity, the exact scope of orphan drug exclusivity periods appears uncertain and companies may want to reconsider their strategies for requesting designations, say Jacqueline Berman and Nikita Bhojani at Morgan Lewis.

  • Litigators Should Approach AI Tools With Caution

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    Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.

  • How Cos. Can Avoid Sinking In The Union Organizing Storm

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    Faced with a new NLRB administration and pandemic-fueled employee unrest, employers must deal with the perfect storm for union organizing by keeping policies up-to-date and making sure employees’ voices are heard, says Daniel Johns at Cozen O'Connor.

  • Recession Or Not, Elevated Restructuring Activity Is Coming

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    2023 is set up to be a strong year for corporate distress and reorganization, recession withstanding, but it may not be the blowout year that some are expecting — depending on whether the Fed continues its inflation fight and whether sponsors can go all out to defend investments, says Michael Eisenband at FTI Consulting.

  • Calif. Privacy Law Holds Implications For Mental Health Apps

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    California is leading the way in privacy regulation with its amended Confidentiality of Medical Information Act, which has important compliance repercussions for mental health app developers and could serve as a model for similar laws in other states, say Christine Moundas and Elana Bengualid at Ropes & Gray.

  • Addressing The Perils Of Contractor Teaming Arrangements

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    Paul Debolt and Christopher Griesedieck at Venable discuss lessons from a Virginia federal court's recent decision in AB Staffing Solutions v. ASEFI Capital about the hazards created by inconsistent government contractor teaming regulations, and provide specific questions contractors joining such arrangements should ask at the proposal stage to ensure their mutual understanding.

  • What 2023 Has In Store For The Cannabis Industry

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    The U.S. cannabis industry may be affected by a variety of issues this year, including congressional reforms, new state legal markets coming online, regulatory action on hemp and CBD, drug rescheduling, and the looming threat of recession, say Tommy Tobin and Andrew Kline at Perkins Coie.

  • Opinion

    9th Circ. Should Rethink Inadequate UBH Ruling

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    The Ninth Circuit should seriously consider rehearing Wit v. United Behavioral Health en banc because its recent claims reprocessing decision in the case raises troubling questions about the future of Employee Retirement Income Security Act's class actions, says Mark DeBofsky at DeBofsky Law.

  • 5 Ways Attorneys Can Use Emotion In Client Pitches

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    Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.

  • New Compensation And Benefits Rules Demand Early Action

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    Considering the extent of recent changes to the compensation and benefits legal landscape, employers should work early to allocate responsibility and resources instead of waiting until the fourth quarter, as has been viable in previous years, say attorneys at King & Spalding.

  • 5 Keys To A Productive Mediation

    Excerpt from Practical Guidance
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    Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.

  • Preparing For An Era Of Regulated Artificial Intelligence

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    In light of developing regulatory activity aimed at governing the use of artificial intelligence, companies should implement best practices that focus on the fundamental principles that are driving regulators' actions, say attorneys at Troutman Pepper.

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