Digital Health & Technology

  • October 28, 2024

    Judge Leaves Patent Case After Fed. Circ. Undoes Ruling

    A Minnesota federal judge has recused himself from a patent dispute between Teleflex and Medtronic he has handled since 2019, saying he was "at a loss" on how to proceed after the Federal Circuit faulted his interpretation of terms in Teleflex's catheter patents.

  • October 28, 2024

    Conn. Healthcare Co.'s $1.5M Data Breach Deal Gets Final OK

    A Connecticut federal judge has given his final approval to a class action settlement that requires Merritt Healthcare Advisors to pay thousands of people whose personal information was exposed in a data breach.

  • October 25, 2024

    Glocal, UpHealth May Settle $115M Award Feud

    Indian healthcare services platform Glocal and bankrupt digital health services company UpHealth may be on the verge of resolving their bitter dispute over an ill-fated merger that resulted in a $115 million arbitral award, Glocal has informed an Illinois federal court in a recent request to stay enforcement proceedings. 

  • October 24, 2024

    Del. Co. Tells 3rd Circ. €4.2M Award Was Properly Denied

    A Delaware investment company wants the Third Circuit to affirm a lower court ruling that refused to enforce an approximately €4.2 million arbitral award issued in a dispute over failed plans for a French medical equipment company to expand into Colombia.

  • October 22, 2024

    Talkiatry CEO On How Digital Healthcare Has 'Matured'

    Digital health has come a long way in recent years, but it's still got plenty of growing up to do. That's according to Robert Krayn, co-founder and CEO of virtual psychiatry platform Talkiatry.

  • October 21, 2024

    Apple Tells Del. Jury It Wants Smartwatch Infringing To Stop

    An Apple attorney told a federal jury in Delaware on Monday that the company is willing to accept only a token damage award from Masimo Corp. for the health tech company's infringement of Apple's smartwatch, but wants the alleged copying barred.

  • October 21, 2024

    Google, Meta Want Out Of GoodRx Health Data Sharing Suit

    Google, Meta Platforms and Criteo have asked a California federal court to cut them loose from litigation alleging that GoodRx improperly shared patients' protected health information with the tech companies, saying the claims are "fundamentally flawed."

  • October 21, 2024

    McGuireWoods Adds Healthcare Atty From Cooley In NY

    McGuireWoods LLP has added a digital health expert from Cooley LLP, aiming to boost its offerings for clients in the space combining healthcare services with information and communications technology, the firm announced Monday.

  • October 18, 2024

    Law360 MVP Awards Go To Top Attys From 74 Firms

    The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • October 16, 2024

    BetterHelp Can't Ax Suit Over Sharing Data With Advertisers

    A California federal judge has trimmed but refused to completely toss a consolidated putative class action accusing online counseling platform BetterHelp Inc. of unlawfully disclosing consumers' confidential information to third parties for advertising purposes, finding that newly added details boosted several of the plaintiffs' claims. 

  • October 15, 2024

    LabCorp Gets Google Health Info Suit Sent To Arbitration

    Laboratory Corporation of America succeeded in its bid to have a patient privacy lawsuit handled by arbitration, after a Pennsylvania federal judge ruled that users of the company's website who sued it for allegedly sharing sensitive information with Google agreed to arbitration by using the patient portal.

  • October 15, 2024

    Law Firms Diverge As Anti-ESG Pushback Continues

    A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.

  • October 15, 2024

    The 2024 Law360 Pulse Social Impact Leaders

    Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.

  • October 09, 2024

    Judge OKs $9M Data Hack Deal, Asks How Public Views Fees

    A Washington federal judge on Wednesday approved an $8.8 million settlement that ended a consolidated data breach class action against a Hearst Health unit, but not before pondering how the public might perceive the deal, in which one-third of the money is going toward legal costs.

  • October 09, 2024

    Philips Preserves Lanham Act Counterclaim In CPAP Cleaner MDL

    A Pennsylvania federal judge has trimmed some counterclaims by Koninklijke Philips NV and its American affiliates against SoClean Inc., whose cleaning products they say are responsible for damage to Philips' CPAP machines.

  • October 08, 2024

    Apple Loses Bid For Jury Trial In Masimo Trade Secrets Fight

    A California federal judge on Monday granted Masimo's request for a bench trial to address its trade secrets claims against Apple, noting that bench trials are almost always granted in situations where the plaintiff is seeking only equitable relief, and Apple hasn't convinced the court to deviate from that norm.

  • October 08, 2024

    Abridge GC Talks AI's Future In Healthcare Industry

    Interfacing with artificial intelligence at your doctor's office is going to eventually feel as natural as turning on a tap to get running water. Tim Hwang, general counsel at generative AI company Abridge, shares his thoughts on the technology's future in healthcare.

  • October 07, 2024

    Mednax Gets Final OK For $6M Data Breach Settlement

    A Florida federal judge on Friday gave the green light to Mednax's $6 million settlement putting to rest a proposed class action accusing the medical provider of failing to adequately protect patients' personal information from a 2020 phishing attack, calling the deal "fair, reasonable and adequate."

  • October 03, 2024

    Dental Laser Co. Can Tap $5M DIP For Swift Ch. 11 Sale Plans

    Biolase Inc., which makes laser systems used by dentists, received a Delaware bankruptcy judge's approval Thursday to access $1.4 million of an up to $5 million debtor-in-possession package as it plans for a quick sale in Chapter 11.

  • October 02, 2024

    Colo. Judge Sees No Injuries In Health Data Breach Class Suit

    A Colorado federal judge has dismissed a proposed class action alleging a software company waited nearly three months to tell data breach victims about hackers accessing personal and medical information for more than 250,000 people, concluding the plaintiffs' allegations weren't enough to give them standing.

  • October 02, 2024

    Dental Laser Maker Biolase Hits Ch. 11 With $33M In Debt

    Biolase, a manufacturer of lasers used in dental procedures, is seeking bankruptcy protection in Delaware, and has disclosed roughly $33 million in debt and a $14 million stalking horse offer for its assets, citing financial challenges that it said stemmed from slow market adoption of new technology and economic headwinds.

  • October 02, 2024

    ExecuPharm Agrees To Pay Ransomware Victims $10K Each

    U.S. pharmaceutical giant ExecuPharm will pay victims of a data breach up to $10,000 in reimbursements, compensation for lost time, three years of credit monitoring, and $675,000 in attorney fees after a Pennsylvania federal judge gave his final approval to a class action settlement.

  • October 01, 2024

    Jefferson Health Can't Ditch Suit Over Meta Data Sharing

    A Pennsylvania federal judge has refused to toss a proposed class action accusing Jefferson Health of unlawfully sharing patients' confidential health information with Meta Platforms Inc., finding that the plaintiffs had cured prior deficiencies to adequately support their wiretap and privacy claims.

  • October 01, 2024

    NC Hospital Hit With More Class Claims Over Data Breach

    Columbus Regional Healthcare System's legal woes have worsened with more privacy breach claims filed against it by patients whose personal information was exposed by a May 2023 cyberattack on the healthcare provider's network.

  • October 01, 2024

    FDA Offers Road Map For Remote Trials, But Questions Linger

    New federal guidance may encourage drug and medical device companies to carry out more of their research in decentralized, remote clinical trials, allowing them to enroll a more diverse set of participants but generating new legal questions.

Expert Analysis

  • Wash. Class Actions Are Coming After My Health My Data Act

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    With its expansive scope and private right of action — including possible class actions — for damages, Washington state’s recently enacted My Health My Data Act will be the basis for a great deal of litigation, and companies should be mindful that plaintiffs will need to prove actual, monetary harm, says Tom Nolan at Quinn Emanuel.

  • SEC Cybersecurity Rule Presents Burden For Health Care Cos.

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    A new rule from the U.S. Securities and Exchange Commission aims to increase cybersecurity resiliency, but may only force regulated entities — particularly those in the health care space — to face a far more complicated environment with increased strategic and litigation risks, say Bess Hinson and Angad Chopra at Holland & Knight.

  • Comparing US And EU Approaches To Health AI Regulation

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    Victoria Larson and Julia Cotney at Verrill Dana compare current U.S. and EU regulatory frameworks for artificial intelligence and machine learning in the healthcare industry and highlight key principles that providers and developers should be aware of.

  • Why Privacy And Trade Secret Law Are On A Collision Course

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    The conflict between the legal regimes of trade secret law and data privacy law is growing as companies increasingly collect and use data about their customers, making it key for organizations to find ways to comply with both laws in order to protect their intellectual property and the privacy of their customer, says Jenny Colgate at Rothwell Figg.

  • Negotiating AI-Life Sciences Partnerships To Minimize IP Risk

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    When life sciences companies and AI companies form partnerships to foster innovation, the parties should align interests as well as mitigate intellectual property risks by strategically identifying and addressing the unique AI-related legal issues, such as training data, AI model and output, say attorneys at Finnegan.

  • Parsing Through The FTC's Proposed Health Privacy Updates

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    The Federal Trade Commission's recently proposed updates to its Health Breach Notification Rule contain subtle but significant changes to key terms that help modernize the agency's health app regulation and provide stakeholders an important opportunity to help shape the future of virtual health care, say attorneys at Arnold & Porter.

  • Regulating AI: An Overview Of Federal Efforts

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    The U.S. has been carefully managing a national policy and regulatory ecosystem toward artificial intelligence, but as AI technology continues to expand into our everyday lives, so too has its risks and the need for regulation, says Jennifer Maisel at Rothwell Figg.

  • Compliance Takeaways From HHS Information Blocking Rule

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    A recently finalized rule from the U.S. Department of Health and Human Services' Office of Inspector General demonstrates a renewed focus on investigating practices that may interfere with patients' access to their electronic health information, and should encourage renewed compliance efforts across a range of processes, say attorneys at Ropes & Gray.

  • Life Sci Cos. Should Work With FDA To Shape AI Regulation

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    Due to the rapidly evolving nature of potentially long-term regulatory paradigms for artificial intelligence, drug and biologic manufacturers looking to leverage AI should engage strategically with the U.S. Food and Drug Administration to ensure clarity surrounding compliance obligations, say Lowell Zeta and Blake Wilson at Hogan Lovells.

  • BIPA, Meta Pixel Suits Could Reshape Cybersecurity Litigation

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    Businesses and attorneys should watch several pending electronic privacy cases that revolve around disclosure of protected personal information and health data, which may shape how courts handle damages and class actions in the future of cybersecurity litigation, say Kelly Johnson and Melanie Condon at Goldberg Segalla.

  • The Double-Edged Sword Of Using ChatGPT In Health Care

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    While ChatGPT has shown promising potential in health care, one of the key challenges for players in this space is balancing patient privacy and data protection with the benefits of utilizing this technology, say attorneys at Sheppard Mullin.

  • Addressing Legal Issues Raised By AI Use In Health Care

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    With the usage of artificial intelligence and machine learning in health care likely to be governed by a patchwork of state laws for the near future, industry actors should build flexibility into products to meet evolving regulatory concerns, including monetization of patient data and professional licensing questions, say Sara Shanti and Phil Kim at Sheppard Mullin.

  • New Health Data Compliance Considerations For Pa. Lawyers

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    Given the regularity with which attorneys handle private health information, it is important for Pennsylvania firms to understand recent significant amendments to the state's data breach law, which address information not currently covered by federal law, says Mark Mattioli at Post & Schell.