Health

  • June 01, 2020

    Esperion Investor Class Wins Cert. In Cholesterol Drug Row

    A Michigan federal judge on Sunday certified a class of investors accusing Esperion Therapeutics Inc. of falsely stating that the U.S. Food and Drug Administration wouldn't be requiring a time-consuming study before approving a new cholesterol drug, finding that the claims lend themselves well to a class action.

  • June 01, 2020

    Drug Co. Wants 'Free Pass' For Shady Opioid Sales, DOJ Says

    A drug distributor and two executives indicted for allegedly conspiring to flood Appalachia with opioids are brazenly arguing they had "carte blanche" to sell highly addictive painkillers without a legitimate medical need, the U.S. Department of Justice told an Ohio federal court Monday.

  • June 01, 2020

    Imprisoned NECC Pharmacist Can't Get COVID-19 Release

    A Boston federal judge has refused to release a pharmacist connected to a deadly meningitis outbreak from prison on compassionate-release grounds related to the spread of the novel coronavirus inside prisons, saying there's nothing "extraordinary" about the man's situation.

  • June 01, 2020

    Rhode Island High Court Upholds Medical Pot Patient's Firing

    Rhode Island's high court on Friday affirmed a decision finding that W.B. Mason did not violate employment laws when managers asked a supply driver who used medical marijuana to undergo a drug test and fired him after he refused.

  • June 01, 2020

    EPA Finalizes Ethylene Oxide Reduction To Lower Cancer Risk

    The U.S. Environmental Protection Agency on Monday reduced how much of the carcinogenic chemical ethylene oxide that some chemical manufacturers can release, targeting a pollutant that has increasingly been the subject of lawsuits.

  • June 01, 2020

    Feds Say Visa Seekers Unharmed By Trump Insurance Policy

    The Trump administration moved to toss a class action challenge to a proclamation targeting uninsured green card seekers, telling an Oregon federal judge that the visa applicants don't have upcoming consular interviews and it was unlikely the policy would imminently affect them.

  • June 01, 2020

    Asbestos Battles Show One Possible Fate For J&J After Talc

    As Johnson & Johnson promises to keep fighting the legal war over allegations that its recently discontinued talc-based baby powder causes cancer, experts say the history of asbestos litigation shows the company can expect that war to last decades.

  • June 01, 2020

    Tufts Must Face Suit Over Patient's Infection Death

    A Massachusetts appeals court on Monday revived a suit accusing Tufts Medical Center and others of causing a patient's infection death from contaminated medication, saying there is a factual dispute as to whether a doctor inspected the drug packaging for cracks.

  • June 01, 2020

    Bausch Says Investors' Price-Gouging Claims Came Too Late

    Bausch Health Cos. Inc. and its brass on Friday sought to shed a securities fraud lawsuit that alleges the company engaged in a price-gouging scheme that cost investors billions, telling a New Jersey federal judge that investors' claims came too late.

  • June 01, 2020

    Coronavirus Q&A: Cohen Milstein's Tort Litigation Chair

    In this edition of Coronavirus Q&A, a Cohen Milstein Sellers & Toll PLLC partner representing people who have suffered catastrophic injuries, who also serves as an advocate for trial attorneys, discusses how the COVID-19 pandemic has affected client intake and lobbying efforts.

  • June 01, 2020

    Benecard Not Covered For Settlement Of $75M Medicare Suit

    A New Jersey federal judge on Sunday handed wins to six insurers, finding they are not obligated to reimburse prescription drug benefit administrator Benecard Services Inc. for its settlement of a $75 million suit over its alleged mismanagement of Medicare Part D plans.

  • 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-19 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.

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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