Health

  • October 19, 2020

    Idaho Supreme Court Revives Late Cancer Diagnosis Suit

    The Idaho Supreme Court on Monday revived a suit accusing a hospital of failing to timely diagnose a patient's cancer that caused death, saying the trial judge erred by determining that the plaintiff's two out-of-state medical experts were not familiar with the standard of care in Idaho.

  • October 19, 2020

    Kan. County Settles DOL's COVID-19 Leave Claims

    A Kansas county will pay back wages to an employee wrongly denied paid sick leave to care for a child whose school closed due to the coronavirus pandemic, according to a U.S. Department of Labor settlement announcement Monday.

  • October 19, 2020

    Health Execs Must Do Time, Pay $1.5M In Benefits Scheme

    Two Kentucky health care executives were each sentenced to over two years in prison and ordered to pay a combined $1.5 million in restitution for pocketing employees' benefit contributions, the U.S. Department of Labor said Monday.

  • October 19, 2020

    NJ Panel Says 2 Judges Erred, Revives Med Mal Suit

    A New Jersey appeals court on Monday revived a suit accusing healthcare providers of causing a patient's injuries from an improperly placed medical device, saying two judges' decisions regarding the patient's purported discovery failures resulted in "draconian consequences."

  • October 19, 2020

    CDC Tightens Guidance For Masks On Planes, Public Transit

    The U.S. Centers for Disease Control and Prevention on Monday strongly recommended that passengers and workers wear face masks on airplanes, trains, subways, buses and other modes of transportation in newly released guidance intended to curb the spread of COVID-19.

  • October 19, 2020

    WTO Holds Off On Waiving IP For COVID-19 Vaccines

    The World Trade Organization has failed to reach an agreement that would have temporarily waived intellectual property rights for vaccines and treatments related to COVID-19 as the pandemic continues worldwide.

  • October 19, 2020

    No Big Payday For Home Health Aides Despite Wage Rule

    The take-home pay of in-home health care workers has only inched upward in the four years since the Labor Department extended federal minimum wage and overtime protections to the industry, the U.S. Government Accountability Office said Monday.

  • October 19, 2020

    Justices Urged Not To Let Arbitrator Decide Venue Question

    Clauses allowing an arbitral body to decide whether it has jurisdiction over a dispute shouldn't be enough to strongarm the courts out of the picture, an arbitration scholar told the U.S. Supreme Court on Monday.

  • October 19, 2020

    Preparing The Next Generation Of Female Trial Lawyers

    To build the ranks of female trial attorneys, law firms must integrate them into every aspect of a case — from witness preparation to courtroom arguments — instead of relegating them to small roles, says Kalpana Srinivasan, co-managing partner at Susman Godfrey.

  • October 19, 2020

    Mentorship Is Key To Fixing Drop-Off Of Women In Law

    It falls to senior male attorneys to recognize the crisis female attorneys face as the pandemic amplifies an already unequal system and to offer their knowledge, experience and counsel to build a better future for women in law, says James Meadows at Culhane Meadows.

  • October 19, 2020

    What BigLaw Can Do To Actually Retain Female Attorneys

    Even as BigLaw firms are recruiting women into their ranks in larger numbers, their presence in leadership and equity partnerships remains stubbornly low. Here’s a look at why this is happening — and what firms can do.

  • October 19, 2020

    Female Attorneys Gain Ground In Battle For Clerkships​

    More female attorneys are landing highly sought-after U.S. Supreme Court clerkships, and the experience can turbocharge their careers.

  • October 19, 2020

    These Firms Have The Most Women In Equity Partnerships

    At most U.S. law firms, equity partnerships are still overwhelmingly male, but women at some firms are starting to shake up that reality and smash the glass ceiling that has prevented them from advancing to the uppermost ranks. Here are this year’s Ceiling Smashers — the firms that are outpacing their peers as the legal industry works toward closing the gender gap in its top ranks.

  • October 19, 2020

    Wearing Natural Hair In BigLaw

    In this video, four Black women share their thoughts about wearing natural hair as BigLaw attorneys. In order of appearance, the attorneys are: Rukayatu Tijani, founder of Firm for the Culture and a former BigLaw associate; Delilah Clay, legislative & regulatory advisor at Manatt Phelps & Phillips LLP; Rachel Boyce, associate at Cooley LLP; and Crystal Nwaneri, associate at Fenwick & West LLP.

  • October 19, 2020

    NJ Doc Loses Appeal In Sex Harassment Arbitration Fight

    A chiropractor cannot force a former employee's sexual harassment lawsuit into arbitration, a New Jersey appeals court ruled Monday, finding the worker did not willingly sign an arbitration agreement included in her hiring paperwork.

  • October 19, 2020

    Duane Morris, Nelson Mullins Steer Cannabis Software Merger

    Cannabis software company Helix Technologies Inc. and a health care analytics company on Monday said they will merge in an all-stock deal guided by Duane Morris LLP and Nelson Mullins Riley & Scarborough LLP.

  • October 19, 2020

    6th Circ. Lifts Block On Kentucky Abortion Facility Law

    The Sixth Circuit has voided a permanent block of a Kentucky law requiring abortion facilities to have agreements with an ambulance service and a nearby hospital, finding that a lower court wrongly found that the law's enforcement would leave the commonwealth with no abortion facility.

  • October 19, 2020

    6 Russian Officers Indicted Over Massive Cyberattack

    A Pennsylvania grand jury has indicted six Russian military officers for cyberattacks, including the destructive 2017 NotPetya malware attack, from the same intelligence unit accused of interfering with the 2016 presidential election, the U.S. Department of Justice said Monday.

  • October 19, 2020

    Indicted Harvard Professor Can't See Grand Jury Minutes

    A Harvard professor charged with lying about his ties to China and additional tax offenses will not be able to review secret grand jury minutes despite his claim that prosecutors' charged rhetoric about spying may have tainted the proceedings.

  • October 19, 2020

    Trump Admin. Hit With Another Suit Over Vaccine Contracts

    A nonprofit is suing the Trump administration for withholding details about billion-dollar contracts with Moderna, Regeneron and other pharmaceutical giants for COVID-19 vaccine development and manufacturing.

  • October 19, 2020

    15 Minutes With Change Healthcare's General Counsel

    During the past seven months at Change Healthcare, general counsel Loretta Cecil and her legal team have acted as "the emergency room in the time of a pandemic." Here, she shares more about the novel issues her department has handled, and what she's worried about for the rest of 2020. This interview has been edited for clarity and length.

  • October 19, 2020

    No, COVID-19 Isn't Slipping Through Your N95, OSHA Says

    The Occupational Safety and Health Administration confirmed Monday that an N95 respirator is effective at protecting the wearer from COVID-19, debunking fears that the virus that causes the disease is too small to be trapped by the filter.

  • October 19, 2020

    MVP: Debevoise's Maura Kathleen Monaghan

    Maura Kathleen Monaghan of Debevoise & Plimpton LLP represented former directors and shareholders of Purdue Pharma in nationwide litigation over the prescription opioid crisis, securing her a spot as one of Law360's 2020 Health Care MVPs.

  • October 19, 2020

    Latham Steers Tech, Health Care-Focused Fund's $1.8B Close

    Lower middle market-focused private equity firm LLR Partners, with guidance from Latham & Watkins LLP, said in a news release Monday it has secured $1.8 billion for its sixth fund, which will invest in the health care and technology sectors.

  • October 18, 2020

    Wilkinson Walsh Helps Mo. Inmates Get Lifesaving Treatment

    In Wilkinson Walsh LLP's first major pro bono case, the litigation boutique joined forces with two nonprofit advocacy groups to win a landmark $50 million settlement in which the Missouri Department of Corrections and its prison health care provider agreed to give inmates suffering from hepatitis C much-needed treatment.

Expert Analysis

  • Calculating FCA Damages From PPP Fraud May Be Tricky

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    The Paycheck Protection Program will undoubtedly give rise to False Claims Act enforcement, but the intangible nature of some contract benefits and differences in contract valuation between the circuits raise uncertainty about damages calculations, say Ellen London at Alto Litigation and Derek Adams at Potomac Law.

  • Guest Feature

    5 Ways Firms Can Avoid Female Atty Exodus During Pandemic

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    The pandemic's disproportionate impact on women presents law firms with a unique opportunity to devise innovative policies that will address the increasing home life demands female lawyers face and help retain them long after COVID-19 is over, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

  • High Court Faces Preemption Dilemma In Drug Benefits Case

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    The recent U.S. Supreme Court oral argument in Rutledge v. Pharmaceutical Care Management Association highlighted important questions raised by the case concerning federal preemption of state laws on health plans and pharmaceutial benefits — but the court's past application of such preemption has been hard to reconcile, says Andrew Struve at Hooper Lundy.

  • What Ohio COVID-19 Liability Shield Means For Employers

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    Because a new Ohio law that shields businesses from civil liability related to COVID-19 provides narrow protections, employers should continue to follow Occupational Safety and Health Administration, state and local guidance to demonstrate reasonable protective measures, says Jeffrey Smith at Fisher Phillips.

  • How The State And Local Regulatory Landscape Is Expanding

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    States and localities are employing creative methods to emerge as key players in regulatory enforcement traditionally dominated by the federal government, including False Claims Act investigations, unfair and deceptive acts and practices claims, and pharmaceutical sector regulation, say attorneys at Troutman Pepper.

  • 5th. Circ. Medicare Ruling Could Halt Pro-Provider Trend

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    The Fifth Circuit's recent decision in Sahara v. Azar likely forecloses the possibility of injunctive relief against recoupment for Medicare providers, ending the recent string of rulings in favor of providers seeking compensation for overpaid insurance claims, says Kent Hofmann at Locke Lord.

  • Takeaways From Calif.'s New Health Insurance Rules

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    A recently signed law fundamentally alters California's regulation of mental health and substance use disorder treatment and will likely lead to increased litigation and regulatory action based on new insurance coverage requirements, say attorneys at Manatt.

  • Insurer-Friendly COVID-19 Case Law Is No Silver Bullet

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    Three recent decisions confirm that individual or consolidated lawsuits regarding insurance coverage for business interruption caused by the pandemic will turn on their own unique circumstances, meaning that insurer-friendly decisions will not preclude coverage broadly, say Jason Rubinstein and Mark Packman at Gilbert.

  • Outside Whistleblowers Are Critical To Exposing Fraud

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    Outsiders like industry experts, competitors, public interest organizations and concerned citizens often have deep knowledge, industry data and financial incentives that put them in a better position than insiders to spot fraud, say attorneys at Youman & Caputo, Fox Rothschild, Goldstein & Russell and Herrera Purdy.

  • Opinion

    Lawyers Must Fight Voter Suppression This Election Season

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    Lawyers should use their unique skill sets, knowledge and spheres of influence to fight burdensome ID requirements and other voter suppression tactics that may influence the 2020 elections, and to participate in potential post-election litigation, say CK Hoffler and Allyce Bailey at the National Bar Association.

  • Why Online Mediation May Be Here To Stay

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    Videoconferenced mediation offers several advantages and helps cases settle faster and more cordially, making it hard to imagine going back to logistically difficult in-person dispute resolution after COVID-19 restrictions are gone, says Sidney Kanazawa at ARC.

  • How Nursing Homes Can Defend COVID-19 Criminal Charges

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    Following the first pandemic-related criminal prosecution of nursing home operators in Massachusetts, nursing homes can take steps to defend their decision-making and infection-control processes as similar cases emerge across the country, say attorneys at Hooper Lundy.

  • Early Takeaways From SEC's FY 2020 Fraud Enforcement

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    Ahead of the U.S. Securities and Exchange Commission's annual enforcement data release later this fall, emerging enforcement themes include fraud related to COVID-19, as well as individual accountability, misuse of reserves, revenue recognition, disclosure malfeasance and data analytics, say attorneys at Perkins Coie.

  • Clients Have The Power To Promote Wellness At Law Firms

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    Law firm clients can play a role in lowering mental distress in the legal profession by seeking lawyer wellness data from firms and factoring those responses into outside counsel hiring decisions, says Jonathan Prokup at Cigna.

  • Opinion

    Appellate Courts Should Welcome Well-Crafted Amicus Briefs

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    A Seventh Circuit judge's recent order granting leave for three organizations to file amicus curiae briefs in Prairie Rivers Network v. Dynegy Midwest Generation is a reminder that relevant, nonduplicative amicus briefs can provide courts with helpful perspective, important facts and legal arguments, says Lawrence Ebner at Capital Appellate Advocacy.

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