Health

  • August 07, 2020

    Trump's US-Made Drug Decree Sows Uncertainty In Industry

    A White House mandate forcing the federal government to buy critical drugs domestically offers flexibility for agencies, but its vague language creates uncertainty for businesses unsure of which drugs will be covered and whether it applies to existing government contracts.

  • August 07, 2020

    Md. Doc Must Face Retrial In Unwanted Genital Exam Suit

    A Maryland appeals court has ordered a new trial in a suit accusing a physician of performing an unnecessary genital exam of a patient, saying the trial judge misinterpreted another judge's summary judgment ruling in favor of the patient, which should have triggered a trial solely on damages for one claim.

  • August 07, 2020

    Nev. Pot Regulators Sign Off On Settlement In License Fight

    Nevada's Cannabis Compliance Board voted Friday to approve a controversial partial settlement in the sweeping litigation over the state's marijuana licensing process over complaints from business owners who see the deal as a continuation of the favoritism alleged in the suit.

  • August 07, 2020

    Ex-NFL Players' Painkiller Suit Revived By 9th Circ.

    The Ninth Circuit on Friday revived a suit by former National Football League players alleging the league made them take opioids and other painkillers to get back on the field before they were healthy.

  • August 07, 2020

    NAACP Wants Seat At Table In Purdue Bankruptcy Case

    The NAACP on Friday asked a New York bankruptcy judge for a seat at the table in the Purdue Pharma Chapter 11, saying it needs to ensure a fair share of the proceeds of the case's opioid settlement goes to communities of color.

  • August 07, 2020

    HHS' $646M Virus Respirator Deal Faces Mounting Scrutiny

    A House oversight subcommittee is asking the U.S. Department of Health and Human Services watchdog to investigate whether the Trump administration mismanaged and fraudulently negotiated a $646 million ventilator contract with Philips in response to the coronavirus pandemic.

  • August 07, 2020

    Surgical Device Co. Says J&J Shouldn't Have Seized Products

    A company that a Johnson & Johnson unit has accused of selling purportedly counterfeit versions of surgical devices told an Illinois federal court Friday that a seizure order of 1.27 million of its products should not have been granted, saying the subsidiary has shown "little, if any, evidence of the ballyhooed pervasive counterfeiting scheme."

  • August 07, 2020

    Roberts Erased Abortion Cost-Benefit Test, 8th Circ. Rules

    The Eighth Circuit on Friday undid a lower court's invalidation of several anti-abortion laws in Arkansas, finding that Chief Justice John Roberts' pivotal vote in a recent U.S. Supreme Court case requires the lower court to evaluate the laws under a different approach.

  • August 07, 2020

    K&L Gates Nabs Ex-Squire Patton Boggs Patent Pro In SF

    K&L Gates LLP has brought on a former Squire Patton Boggs LLP partner with 25 years of experience in the life sciences sector to its San Francisco office, the firm has announced.

  • August 07, 2020

    Red State AGs Lobby For COVID-19 Business Immunity

    Nearly two dozen Republican attorneys general have banded together to urge federal lawmakers to pass a liability shield for businesses in connection with worker and consumer COVID-19 injury suits.

  • August 07, 2020

    Coronavirus Q&A: Hogan Lovells' Medical Devices Director

    In this edition of Coronavirus Q&A, a leader of Hogan Lovells' medical devices team discusses school reopenings, client frustrations with a heavily burdened U.S. Food and Drug Administration, and mounting problems with COVID-19 testing volume and turnaround times.

  • August 07, 2020

    Mich. Pot Regulator Recalls Joints After Worker Licked One

    Michigan marijuana regulators have issued a product recall for contaminated prerolled joints sold to retailers in a dozen municipalities after an employee at a processing facility allegedly licked a product while making it.

  • August 07, 2020

    DLA Piper Adds Former US Rep. As Life Sciences Adviser

    DLA Piper has added former U.S. Rep. Jim Greenwood, R-Pa., to its ranks in Washington, D.C., as an adviser to head a health and life sciences-focused advisory group.

  • August 07, 2020

    Taxation With Representation: Wachtell, Skadden, Latham

    In this week's Taxation With Representation, Marathon Petroleum sells Speedway in a $21 billion deal, Teladoc Health and Livongo ink a $18.5 billion merger, and a $16.3 billion Siemens buy creates the world's biggest cancer care provider.

  • August 07, 2020

    MD Who Gave Patient Info To Drug Rep Can't Nix Conviction

    The First Circuit on Thursday affirmed the conviction of a Massachusetts gynecologist of sharing her patients' private medical information with a sales representative at Warner Chilcott, then lying about it to federal agents.

  • August 07, 2020

    Bayer, Merck Can't Be Pulled Back In Leg Amputation Suit

    A New Jersey state appellate panel will not second-guess a trial court ruling tossing claims that Bayer Healthcare LLC and former parent Merck & Co. Inc. provided inadequate warnings about Dr. Scholl's padded callus removers in a suit alleging the product led a now-deceased consumer to lose part of his leg.

  • August 06, 2020

    Feds Charge 9 With $24M Virus Relief Loans Fraud Scheme

    Federal prosecutors on Thursday announced charges against nine Florida and Ohio individuals for allegedly trying to scam the Paycheck Protection Program out of more than $24 million in loans, one of the biggest fraud cases yet involving the coronavirus relief program for small businesses.

  • August 06, 2020

    White House Seeks To 'Onshore' Key Drug Manufacturing

    President Donald Trump issued an executive order Thursday seeking to ensure essential medicines are made in the U.S. by shoring up domestic production capabilities and requiring federal agencies to purchase those drugs exclusively from domestic sources.

  • August 06, 2020

    NCAI Tells DC Circ. Alaska Cos. Shouldn't Get COVID Funds

    The National Congress of American Indians and other tribal advocacy groups have urged the D.C. Circuit to rule that Alaska Native corporations are ineligible for part of $8 billion in COVID-19 relief under the CARES Act, saying the companies don't qualify as "tribal governments" under the law.

  • August 06, 2020

    Covington Reps Calif. Patients In COVID-19 Outbreak Suit

    Covington & Burling is representing patients at a Southern California psychiatric hospital who seek immediate discharge or transfer due to a coronavirus outbreak that has infected more than 100 patients and caused two deaths, according to a proposed class action filed in California federal court.

  • August 06, 2020

    LA Clothing Co. With Virus Cases To Provide Sick Leave Info

    A Los Angeles clothing manufacturer where health officials found hundreds of employees contracted COVID-19 has agreed to respond to the city's questions about its staff numbers and sick leave, just a day after the city urged a California state court to force the company to hand over the information.

  • August 06, 2020

    DEA Beats Discovery Subpoenas In Opioid MDL Bellwether

    The U.S. Drug Enforcement Administration doesn't have to respond to subpoenas by cities and drug distributors in West Virginia's opioid multidistrict litigation bellwether that sought more information about the agency's knowledge of prescription drug trafficking, a federal judge has ruled.

  • August 06, 2020

    Citing Liu, 9th Circ. Nixes SEC's $15.5M Win In EB-5 Case

    The Ninth Circuit handed down an order Thursday reversing and remanding a $15.5 million judgment in an SEC enforcement action over an alleged EB-5 visa scam, citing this summer's high court ruling on the agency's disgorgement powers.

  • August 06, 2020

    Holistic Texas Biz Offered Bogus COVID-19 Tests, Feds Say

    Prosecutors in Texas announced Thursday that a federal judge has temporarily halted allegedly fraudulent coronavirus testing being administered by a masseuse at her holistic health care facility.

  • August 06, 2020

    Judge Halts Calif. Pot Delivery Trial With Last-Minute Question

    A much-anticipated trial in a lawsuit brought by a group of California municipalities against the state's chief cannabis regulator over marijuana delivery was put on hold Thursday after the judge said she has questions about whether the municipalities have standing to sue.

Expert Analysis

  • Rebuttal

    Most Courts Follow 1st Circ. Generic-Delay Ruling's Standard

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    Contrary to a recent Law360 guest article arguing that most courts have criticized or rejected the First Circuit's reversal of class certification in the 2018 Asacol pay-for-delay cases, most courts have in fact followed it, recognizing that precedent requires serious scrutiny of plaintiffs' proposed proof, say attorneys at White & Case.

  • Analyzing Upward And Downward Trends In Legal Tech

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    Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

  • Health Providers Should Beware FCA Risks Of COVID-19 Aid

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    Health care providers accepting pandemic aid from the Public Health and Social Services Emergency Fund or Paycheck Protection Program should take steps to protect themselves from criminal and civil exposure under the False Claims Act, even if they receive the funds automatically, say attorneys at Orrick.

  • Employer Next Steps After Court Guts DOL Virus Leave Rule

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    Following a New York federal court’s decision Monday to invalidate parts of a U.S. Department of Labor rule limiting who can take paid sick or expanded family COVID-19 leave, employers may need to adjust determinations related to work availability, health care capabilities, intermittent leave and documentation, says Susan Harthill at Morgan Lewis.

  • Lessons From Novartis' $678M Speaker Program Settlement

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    Novartis' recent $678 million deal with the U.S. Department of Justice, settling allegations that the company's physician-led speaker programs violated the Anti-Kickback Statute, sheds light on arguably the highest-risk marketing practice in the life sciences industry and steps companies can take to avoid DOJ ire, say attorneys at Skadden.

  • Opinion

    ABA's New Guidance On Litigation Funding Misses The Mark

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    The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

  • New IT Restrictions For Gov't Contractors Bring M&A Hurdles

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    Prohibitions taking effect next week on the use of certain Chinese telecommunications technology by government contractors will have an immediate impact on M&A involving companies that do business with the federal government, and will require prospective buyers' careful consideration in four areas, say attorneys at Covington.

  • What Firms Should Ask Before Hiring Attorneys From Gov't

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    In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.

  • Opinion

    3 Ways Fla. Should Revise Its Patient Brokering Act

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    Recent alterations to the Florida Patient Brokering Act — a law prohibiting induced patient referrals — are a step in the right direction, but further revisions should clarify Anti-Kickback Statute exceptions, allow the advice of counsel defense and incorporate the federal advisory opinion process, says Michael Manthei at Holland & Knight.

  • The Ethics Of Using Chatbots For Legal Services

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    Delegating legal work to robots involves several risks, including running afoul of statutes dictating unauthorized practice of law, but with the right precautions, law firms can lawfully employ artificially intelligent chatbots that can imitate human conversations, say attorneys at Haynes and Boone.

  • Avoiding Workplace Violence When Customers Refuse Masks

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    Terri Solomon and Elizabeth Barrera at Littler address how businesses can avert violent situations when patrons refuse state and local face mask mandates by using signage, incident response plans and law enforcement assistance to meet federal workplace safety requirements.

  • COVID-19 Liability Considerations For Nonmedical Businesses

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    While some businesses, especially in the health care sector, have been afforded protection from COVID-19 liability, others have not — so companies should carefully review the state of immunity legislation in their jurisdictions, and consider legal issues around causation, foreseeability, notice and nuisance claims, say Kathleen Carrington and Mitchell Morris at Butler Snow.

  • Opinion

    ABA Must Seize Opportunity To Respond To Bar Exam Chaos

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    The challenges of administering bar exams this year have put the future of the profession in jeopardy, but the American Bar Association at its ongoing annual meeting can adopt a resolution that would urge jurisdictions to take emergency actions with respect to licensure of new attorneys, says Nicholas Allard, former president of Brooklyn Law School.

  • Hemp Cos. Should Narrow Filings After TTAB's Stanley Ruling

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    Following the Trademark Trial and Appeal Board's recent rejection of Stanley Brothers' application for hemp oil drops sold as food supplements, companies should keep their CBD product trademark applications strategically specific, say Adam Fox and Joseph Grasser at Squire Patton.

  • Surveying Drug Pricing Reform: The Latest Federal Activity

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    To identify the current and future effects that federal drug pricing proposals may hold for the drug industry, attorneys at Ropes & Gray examine the current bevy of legislative and White House proposals in the context of existing federal law governing drug prices.

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