Health

  • September 24, 2021

    Ky. Hospital Workers Can't Block Vaccine Mandate

    A Kentucky federal judge declined to provide a preliminary injunction to a group of hospital workers attempting to block their employer's COVID-19 vaccine mandate, ruling Friday that they have neither shown they're likely to succeed in their challenge nor that their individual liberties are being harmed.

  • September 24, 2021

    Theranos Execs Put PR Over Patients, Ex-Lab Chief Testifies

    A former Theranos laboratory director testified in ex-CEO Elizabeth Holmes' criminal trial Friday that he resigned after company executives insisted on rolling out blood-testing devices riddled with technical problems that caused serious inaccuracies, saying management "believed more about PR and funding than about patient care."

  • September 24, 2021

    Servicemembers Want Injunction Against DOD Vax Mandate

    Two military servicemembers have urged a Colorado federal judge to grant an injunction against the Pentagon's mandatory COVID-19 vaccine requirement, saying they are being forced to take an "unlicensed" vaccine that puts their health at risk.

  • September 24, 2021

    Virginia Doctor Pleads Guilty In $1.8M Rx Fraud Scheme

    A Washington-area physician has admitted participating in a "fraud scheme" to prescribe pain and scar creams in order to receive a kickback from a pharmacist, defrauding health insurance programs out of $1.8 million, the U.S. Attorney's Office for the Eastern District of Virginia said Friday.

  • September 24, 2021

    Del. Hospital Can't Be Forced To Give Ivermectin For COVID-19

    A Delaware hospital can't be forced to treat a COVID-19 patient with ivermectin, an anti-parasite drug used on humans and animals touted by some as an alternative COVID-19 treatment, because the controversial treatment does not align with the prevailing standard of care, a Delaware Chancery Court judge ruled Friday.

  • September 24, 2021

    House Narrowly Approves Abortion Rights Bill

    The Democratic-controlled House of Representatives on Friday pushed through a measure that would protect abortion rights by statute across the country, a move that comes amid bitter fights in Texas and Mississippi about a woman's constitutional right to abortion.

  • September 24, 2021

    Novo Nordisk To Pay $100M To Settle Investor Class Action

    Novo Nordisk announced Friday that it has reached a $100 million settlement in an investor class action alleging the Danish pharmaceutical giant boasted about its finances while concealing a scheme to pay kickbacks to pharmacy benefit managers to get its insulin drugs on stores' recommended product lists.

  • September 24, 2021

    COVID Test Maker, Analytics Firm Price IPOs Totaling $740M

    A COVID-19 home test maker and a software analytics firm went public Friday after raising a combined $740 million in a pair of initial public offerings, guided by four law firms, concluding a busy but bumpy week for IPOs.

  • September 24, 2021

    QVC Ducks Antitrust Claim In Suzanne Somers Diet Pill Row

    A Pennsylvania federal judge has nixed a claim alleging antitrust violations on the part of QVC Inc. as part of a broader lawsuit from actress and entrepreneur Suzanne Somers accusing the home shopping giant of scheming to freeze her out of the market for nutritional supplements.

  • September 24, 2021

    Pa. Woman's Tetanus Vaccine Injury Suit Tossed On Appeal

    A Pennsylvania appellate panel on Friday tossed a suit seeking to hold a hospital liable for injuries a woman allegedly suffered due to a negligently performed injection of a tetanus vaccination, saying the claims are preempted by a federal vaccine injury law.

  • September 24, 2021

    California AG Announces Appeal Of Purdue Ch. 11 Plan

    California Attorney General Rob Bonta on Friday became the latest attorney general to announce an appeal of the approval of Purdue Pharma's Chapter 11 plan, saying the OxyContin maker's former owners in the Sackler family must be held accountable for their part in the opioid crisis.

  • September 24, 2021

    Miss. Lawmakers Reach Deal To Legalize, Tax Medical Pot

    Mississippi lawmakers announced an agreement Friday on legislation to legalize and tax medical cannabis — 4½ months after the state Supreme Court invalidated a voter-approved measure to legalize marijuana for medical use.

  • September 24, 2021

    3rd Circ. Orders Rethink Of 'Issue' Class Cert. In Fraud Case

    A Pennsylvania federal court erred when it certified a class of hospital patients treated by a doctor who was practicing under a false identity because it failed to follow all the steps necessary for handling a class limited only to certain issues within a case, the Third Circuit ruled Friday.

  • September 24, 2021

    Robinhood Taps Crypto CCO, And Other Top People Moves

    Robinhood Markets Inc. has hired an ex-counsel with Ripple and Blockchain.com as the new chief compliance officer of its cryptocurrency trading unit, while an ex-J.P. Morgan attorney landed at a New York-based private equity firm and Swedbank launched a search to replace its retiring compliance chief. 

  • September 24, 2021

    Pension Fund Unlikely To Get 2nd Shot At MiMedx Class

    A Georgia federal judge said Friday that he's likely to reject an effort by a pension fund to reopen a securities fraud class action against MiMedx Group Inc., saying there have been no new arguments raised since he dismissed the fund's claims for lack of standing.

  • September 24, 2021

    SPAC Investor Sues Over Post-Deal Slide Of Telehealth Co.

    A blank-check company stockholder whose shares began a deep nosedive immediately after its $1.35 billion reverse merger with digital health management venture UpHealth has sued sponsor Avi Katz and others in Delaware, claiming fiduciary duty breaches and unjust enrichment.

  • September 24, 2021

    Marketing Exec Wants High Court To Review FCA Judgment

    A health care marketing consultant wants the U.S. Supreme Court to review a Fourth Circuit decision backing an order that he and two others collectively had to pay about $114 million in a False Claims Act case.

  • September 24, 2021

    MVP: Manatt's Barry S. Landsberg

    Barry S. Landsberg of Manatt Phelps & Phillips LLP has secured key victories on behalf of hospitals in California, including one that clarified guidance on selecting hearing officers in peer review proceedings, earning him a spot as one of Law360's 2021 Health Care MVPs.

  • September 24, 2021

    Calif. Jury Awards $5M In Landmark Cannabis Antitrust Case

    A California jury Thursday awarded $5 million in damages to a marijuana company that said it was prevented from opening in Richmond by a rival group of dispensaries looking to control the local cannabis market, in what the plaintiff's attorneys characterized as the first cannabis-related antitrust case.

  • September 24, 2021

    SC Jury Awards $32M In Kraft Heinz Asbestos Death Suit

    A South Carolina jury has hit Kraft Heinz Co. and Metal Masters Inc. with a $32 million verdict in a suit by a worker who alleges that his wife died of mesothelioma as a result of asbestos exposure through his work at a facility Kraft Heinz owned in the state.

  • September 24, 2021

    Mass. Police Union Can't Halt Vax Mandate For Bargaining

    A Massachusetts state court judge on Thursday denied a bid by the state's police union to block Gov. Charlie Baker's vaccine mandate for executive branch employees, saying the public health benefits outweigh any need to stay the policy pending further bargaining.

  • September 24, 2021

    11th Circ. May Wait On High Court Ruling In Ga. Abortion Case

    Eleventh Circuit judges indicated Friday they are likely to stay Georgia's bid to revive its controversial abortion bill until the U.S. Supreme Court decides a Mississippi abortion case that challenges Roe v. Wade.

  • September 24, 2021

    Philadelphia Jury Clears J&J In Talc Cancer Case

    The first case in Philadelphia over alleged health risks associated with Johnson & Johnson's signature talcum powder came to an end Friday as a state jury cleared the company of claims that its product contributed to a woman's ovarian cancer diagnosis.

  • September 23, 2021

    UC San Diego Health Sued Over Patient Data Breach

    The University of California San Diego's health system was hit with at least two putative class actions in California federal court this week over a data breach that purportedly compromised hundreds of thousands of patients' medical records and other personal identifiable information.

  • September 23, 2021

    Linda Evangelista Files $50M Suit Over 'Disfiguring' Procedure

    Supermodel Linda Evangelista hit an Allergan PLC unit with a $50 million negligence suit in New York federal court, alleging that the company's 2015 fat-reduction procedure left her "permanently disfigured" and suffering from severe social anxiety and agoraphobia as a result.

Expert Analysis

  • What Plaintiffs Can Do If J&J Succeeds In Bankruptcy Strategy

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    If Johnson & Johnson is successful in its proposed divisive merger — a company split where all liabilities are shifted to a new company that files for bankruptcy — J&J tort plaintiffs will need to stick together to use the Bankruptcy Code's tools, including its voting mechanisms, to exert leverage on the debtor company, says Edward Neiger at Ask.

  • 3 Attorney Ethics Considerations For Litigation Funding

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    The growth of the litigation finance industry has generated questions on the obligations of counsel when their clients are seeking outside capital to fund litigation, which litigators must understand when providing information to a third-party funder and discussing legal strategy with a client, says Matthew Oxman at LexShares.

  • How ABA Opinion Shifts Alternative Biz Structure Landscape

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    A recent American Bar Association opinion approving lawyers' passive investment in nonlawyer-owned firms eliminates a hurdle for law firms wishing to scale their practice through alternative business structures, but aspiring investors should follow a few best practices, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Telehealth Providers Must Beware Of Fraud As Industry Grows

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    A recent fraud charge against a telehealth executive highlights the rise we're seeing in telefraud scams during the industry's pandemic growth, and there are some steps that all health providers should take to stay clear of potentially illegal arrangements, says LaTawnda Moore at Dinsmore.

  • Opinion

    FCA Proposal Is Unfair And Would Hinder Economic Growth

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    Recently proposed amendments to the False Claims Act that shift the burden of proof and costs of discovery unfairly stack the deck against defendants and create serious and unnecessary economic risks for companies and institutions that are building back our economy and helping people fight COVID-19, say Robert Salcido and Emily Gerry at Akin Gump.

  • Plaintiff Fact Sheets In Mass Tort Discovery: Keys To Success

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    Plaintiff fact sheets can be an essential part of discovery in mass tort multidistrict litigation, but making them work depends on productive, willing collaboration between all parties from the beginning, and effective management and organization of the large amounts of data they may yield, say Julia Jiampietro, Alexandra Origenes and Katie Insogna at DLA Piper.

  • Vaccine Passport Efforts Need To Stay Mindful Of ADA Title III

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    As questions about vaccine passports' viability under Title III of the Americans With Disabilities Act prevail, companies should carefully explore whether requiring them of customers and patrons creates legitimate impediments to the full and equal access of public accommodations, say Charles Thompson and Anthony Guzman at Greenberg Traurig.

  • What Telehealth Regulation May Look Like After COVID-19

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    The majority of regulatory flexibilities around telehealth authorized due to COVID-19 may disappear with the end of the public health emergency, but several bills pending in Congress could bring permanent change, especially when it comes to mental health and audio-only services, says Suzanne Joy at Holland & Knight.

  • Series

    Embracing ESG: HPE Counsel Talk Effective Board Oversight

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    Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

  • Bankruptcy Courts' Equitable Discretion May Be In Danger

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    The Eighth Circuit’s recent equitable discretion decision in VeroBlue sends a warning to practitioners and the bench that courts' overuse of this bankruptcy doctrine in dismissing post-plan confirmation appeals may result in elimination of the useful tool altogether, say Brian Shaw and Mark Radtke at Cozen O'Connor.

  • AI Inventorship Decision Leaves Open Questions

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    A Virginia federal court's recent decision in Thaler v. Iancu, finding that artificial intelligence cannot be named as a patent inventor, highlights questions that will have to be answered as AI increasingly contributes to inventorship, especially in the pharmaceutical industry, say attorneys at DLA Piper.

  • Opinion

    Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

  • How SPAC Investors Might Rethink Material Adverse Effect

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    Buyers in special purpose acquisition company transactions involving early-stage technology companies should consider allocating key business risks in an acquisition agreement outside the construct of material adverse effect, due to the difficulty of proving a material adverse effect on a pre-revenue target company in Delaware court, say attorneys at White & Case.

  • FDA Biosimilar Approval Foreshadows IP Litigation Issues

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    The U.S. Food and Drug Administration's recent approval of an interchangeable biosimilar drug has raised expectations of price erosion for originator biologics, creating three important considerations for patent infringement litigation, say Sean Sheridan and Archan Ruparel at Charles River Associates.

  • Opinion

    We Must Fight The Phantom Threat Of Texas' Abortion Law

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    Unless the U.S. Supreme Court's decision in Roe v. Wade is overruled, Texas S.B. 8 will only generate lawsuits whose remedies cannot be enforced in court, so billionaires, lawyers and state bar associations must do what they can to fight frivolous litigation meant to deter constitutionally guaranteed medical care for pregnant women, says Anthony Sebok at Yeshiva University.

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