Health

  • January 23, 2020

    Media Can Argue Truth Defense In Texas Defamation Case

    A trial court wrongly failed to consider the truth of an article when it declined to dismiss a defamation lawsuit brought against ProPublica Inc. and the Houston Chronicle, a Texas appellate panel ruled Thursday.

  • January 23, 2020

    BREAKING: 'Murderer' Insys Founder Gets 5½ Years

    Insys Therapeutics Inc. founder John Kapoor was sentenced to more than five years behind bars Thursday as victims decried him as a “mobster” and “murderer” who devastated countless families by bribing doctors to prescribe a powerful opioid spray.

  • January 23, 2020

    State Dept. Introduces Visa Hurdles For Pregnant Women

    The Trump administration released a new rule Thursday, citing national security concerns, that will make it harder for foreign pregnant women to get visitor visas to the U.S.

  • January 23, 2020

    Insys VP Who Dressed As Dancing Opioid Gets 2 Years

    Former Insys Therapeutics Inc. Vice President Alec Burlakoff, infamous for dressing as an anthropomorphic bottle of fentanyl spray and rapping about titration in a sales video, was sentenced Thursday to 26 months in prison for his role in a conspiracy to bribe doctors to prescribe opioids.

  • January 22, 2020

    Ex-Md. Lawmaker Admits Guilt In Medical Pot Bribery Scheme

    A former member of Maryland's House of Delegates pled guilty Wednesday to fraud and bribery charges, after prosecutors said she accepted money for official actions including voting to expand the state's number of medical marijuana licenses.

  • January 22, 2020

    US Trustee Targets Bonuses In Antibiotics Firm's Ch. 11

    The Office of the U.S. Trustee took issue Wednesday with antibiotics developer Melinta Therapeutics Inc.’s plan to award up to about $3.3 million in employee bonuses in its Delaware Chapter 11, saying more detail is needed to justify the potential payouts.

  • January 22, 2020

    ERISA Industry Group Slams New Seattle Hotel Benefits Law

    The ERISA Industry Committee is challenging Seattle's latest attempt to improve hotel workers' access to medical care through legislation, telling a Washington federal judge that a city ordinance requiring employers to pay certain health care costs is trumped by ERISA.

  • January 22, 2020

    Bristol-Myers Wants $1.5B From Gilead After Cancer IP Trial

    A Bristol-Myers Squibb subsidiary and Memorial Sloan Kettering Cancer Center have asked a California federal judge to more than double a jury's $752 million patent infringement verdict against a Gilead unit for its cancer treatment Yescarta, saying the company must be punished for its "undisputed willfulness."

  • January 22, 2020

    DOT Cracks Downs On Emotional Support Animals On Flights

    Dogs would be the only service animals allowed in airplane cabins under a new proposed rule announced by the U.S. Department of Transportation on Wednesday, putting an end to passengers flying with so-called emotional support animals that in recent years have included birds, pigs and rodents.

  • January 22, 2020

    Senators Unveil Bill Requiring Vape Cos. To Pay FDA

    A bipartisan group of senators on Wednesday announced that they have introduced legislation that would mandate e-cigarette companies to pay user fees to the U.S. Food and Drug Administration to fund stronger oversight over the industry.

  • January 22, 2020

    Gov't Urges DC Circ. To Preserve Short-Term Insurance Rule

    The Trump administration on Tuesday defended its decision to increase how long Americans can use short-term health insurance plans that skirt certain Affordable Care Act requirements, telling the D.C. Circuit that Congress basically approved a "virtually identical" rule when the law was enacted.

  • January 22, 2020

    Cooperating Insys CEO Gets 2½ Years In Prison

    Despite being a key witness in the government’s conviction of his onetime boss, former Insys Therapeutics Inc. CEO Michael Babich was sentenced to 2½ years in prison Wednesday for his role in an opioid bribery scheme — longer than two former colleagues who were convicted at trial. 

  • January 22, 2020

    Cerner Corp. Accused Of Mismanaging Retirement Plan

    Cerner Corp. has been hit with a proposed class action accusing the health records giant of costing participants in its 401(k) retirement plan millions of dollars by keeping high-cost investment options in the plan and not properly scrutinizing its investment lineup.

  • January 22, 2020

    Insys Exec Gets 1 Year As Atty Slams 'Salacious' Prosecution

    A former Insys Therapeutics Inc. sales manager who was recruited from a strip club to work for the troubled company was sentenced to a year and a day in prison on Wednesday for her role in an opioid kickback and fraud scheme as her attorney decried what he called the "salacious details" of the government's prosecution.

  • January 21, 2020

    Ex-Insys Exec Blasts Big Pharma For Exploiting Women

    In a memorandum seeking to avoid prison time the day before she is sentenced, a convicted former Insys Therapeutics Inc. executive and onetime exotic dancer blasted the pharmaceutical industry Tuesday for exploiting women to prey on "lonely" doctors to drive opioid sales.

  • January 21, 2020

    BCBS Wrongly Denied Mental Health Benefits, Magistrate Says

    A federal magistrate judge has found Blue Cross and Blue Shield of Minnesota wrongly refused to pay for "at least some of" a mental health patient's benefits claims for time she spent at a residential youth treatment facility, saying federal law requires mental health services be treated the same as medical and surgical services.

  • January 21, 2020

    Rite Aid Investors Challenging Walgreens Merger Win Cert.

    Investors who lost money on Rite Aid stock during the company's failed merger with Walgreens received class certification Tuesday from a Pennsylvania federal judge, allowing them to level a suit against Walgreens and two of its executives over statements that supposedly inflated Rite Aid's value until the merger collapsed.

  • January 21, 2020

    McKesson Beats Antitrust-Linked Derivative Suit, For Now

    A California federal judge said Tuesday that the executives and directors of pharmaceutical wholesaler McKesson won't have to face a shareholder's derivative class action alleging they shirked their responsibilities by letting the company get involved in price-fixing.

  • January 21, 2020

    Wilmington Trust Strikes $5M Deal To End ERISA Suit

    Wilmington Trust has agreed to pay $5 million to settle a suit brought by ISCO Industries Inc. workers who accused the trust of mishandling a $98 million stock purchase by ISCO’s employee stock ownership plan.  

  • January 21, 2020

    Dialysis Co. Says Revenue Gains Doom Investor Class Claims

    American Renal Associates Holdings Inc. has told a New Jersey federal judge that class claims over a string of allegedly misleading financial statements were improperly premised on understatements of its revenue that ultimately resulted in an additional windfall for investors.

  • January 21, 2020

    Health Care Firms Heat Up Jan. IPO Pipeline With 3 Offerings

    Three health-care related companies launched plans on Tuesday for initial public offerings estimated to raise $539 million combined, including a private equity-backed health clinic operator and two pre-revenue companies developing therapies, bolstering January's pipeline.

  • January 21, 2020

    Mo. Medical Marijuana Co. Scores Early Win In Zoning Battle

    A medical marijuana company can proceed with its application to open a dispensary in Independence, Missouri, after a state court judge agreed to temporarily stay a city ordinance that would severely limit where pot sellers can set up shop.

  • January 21, 2020

    Ill. Judge Rejects CVS' Bid To Block Class Cert. In TCPA Suit

    An Illinois federal judge on Tuesday denied a bid by CVS to block class certification in a proposed class action over alleged robocalls, saying denying certification so early in the case would be an "unusual step" that isn't warranted at the pleading stage.

  • January 21, 2020

    Delta Air Lines Sued For Dumping Jet Fuel On LA Playground

    Delta Air Lines negligently dumped thousands of gallons of jet fuel at low altitude over several elementary schools from a commercial airplane making an emergency landing at Los Angeles International Airport, according to Los Angeles County teachers suing the airline over their exposure to the falling jet fuel.

  • January 21, 2020

    Purdue, Creditors Ask To Keep Stay On Insurance Arbitration

    Purdue Pharma and its unsecured creditors are asking a New York bankruptcy judge to deny an insurer's request to allow arbitration over how much product liability coverage it owes the drugmaker to proceed, saying it could severely disrupt Purdue's Chapter 11 case.

Expert Analysis

  • Pro-Employer NLRB Rulings May Prompt Handbook Reviews

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    Three new National Labor Relations Board rulings that overturn Obama-era pro-worker precedents may indicate that now is a good time for employers to strengthen their workplace policies on nonbusiness email use, investigation confidentiality and union dues, say Charles Caulkins and Garrett Kamen at Fisher Phillips.

  • Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

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    Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

  • What To Know Before Enforcing A Nicotine-Free Workplace

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    U-Haul’s recent policy banning the hire of nicotine users provides an opportunity for employers to consider the potential legal ramifications of such a move and other options for encouraging a healthier workforce, say attorneys at McDermott.

  • HIPAA Compliance Lessons From 2019 Enforcement Trends

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    Although 2019 was a comparatively quiet year for Health Insurance Portability and Accountability Act enforcement, the U.S. Department of Health and Human Services' Office for Civil Rights is still prioritizing the HIPAA security rule and right of access claims, and is not afraid to impose civil money penalties or take action against smaller providers, says Dena Castricone of DNC Law.

  • Estimating Antitrust Impact, Damages Via Natural Experiments

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    Several federal courts have recently accepted the difference-in-differences methodology to estimate antitrust impact and damages via natural experiments, demonstrating the method's validity, says James Nieberding of North Coast Economics.

  • Stark Law Uncertainty Follows 3rd Circ.'s UPMC Opinion

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    The Third Circuit recently amended its September decision in U.S. v. University of Pittsburgh Medical Center, removing a controversial interpretation of the volume-or-value standard under the Stark Law. However, the court's approach is not in line with the Centers for Medicare & Medicaid Services' analysis regarding indirect compensation arrangements, says Karl Thallner of Reed Smith.

  • ITC Decision Shows Importance Of Public Interest For Biotech

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    In its recent Certain Microfluidic Devices decision, the U.S. International Trade Commission allowed patent-infringing products necessary for ongoing research to be imported, highlighting the importance the so-called public interest factors can play in ITC investigations in the biotech context, say Matt Rizzolo and Rachael Bacha of Ropes & Gray.

  • State Net

    Obamacare Clings To Life As States Expand Medicaid

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    While the Affordable Care Act faces new court challenges, the public's growing support for the law and states' increasing interest in its Medicaid expansion option suggest it may have political staying power, says Lou Cannon of State Net Capitol Journal.

  • HHS Drug Import Proposal Is Unlikely To Succeed

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    The U.S. Department of Health and Human Services' outline for allowing states to import drugs from Canada raises questions about the U.S. Food and Drug Administration's authority to implement the rule and may be an attempt to deflect blame for high drug prices to manufacturers, say attorneys at King & Spalding.

  • 5 Key Issues Raised In Most CBD Product Class Actions

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    By becoming familiar with the most common problems raised in class actions against CBD products, cannabis suppliers and manufacturers can reduce risks associated with marketing, labeling and promoting their products, say Mark Goodman and Barry Thompson of Baker McKenzie.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • A Wide Range Of Legal Priorities For Tribes In 2020

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    This year, Indian Country faces a number of critical policy and legal issues that must be addressed to protect tribal sovereignty, with key developments to watch for in all three branches of government, say attorneys at Akin Gump.

  • 2nd Circ. Ruling Could Lower Bar For Insider Trading Charges

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    ​​​​​​​The Second Circuit’s recent decision in U.S. v. Blaszczak potentially makes it easier to prosecute insider trading cases by ruling the government doesn't need to prove an insider received any personal benefit in exchange for sharing material, nonpublic information, say attorneys at Goodwin.

  • Gov't Initiatives May Boost Health Coverage For Genetic Tests

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    Recent initiatives by Congress and federal agencies may help expand insurance coverage for, and patient access to, genetic testing technologies that would allow more accurate diagnoses of rare diseases in the U.S. health care system, says Ethan Jorgensen-Earp of Holland & Knight.

  • Top 10 Employment Law Developments Of The Decade: Part 1

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    In the first of two articles, Barbara Roth and Tyler Hendry at Herbert Smith highlight the decade's most significant labor and employment law changes, including the U.S. Supreme Court’s 2011 decision in Dukes to raise the class certification threshold, and the spread of state and local paid sick leave laws.