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November 28, 2023
Feds Underpaid $281M In Support Costs, Ariz. Tribe Says
The Gila River Indian Community claims the U.S. Department of Health and Human Services and the Indian Health Service shortchanged it millions of dollars in funding for carrying out health care programs, and caused it more than a quarter-billion dollars in damages over four years.
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November 28, 2023
Rep. Eshoo On Retiring: 'Health Care Has Been My North Star'
Over three decades on Capitol Hill and five presidential administrations, Rep. Anna G. Eshoo has left a deep mark on American health care and the pharmaceutical industry. As she prepares to retire, the California Democrat spoke with Law360 about what sparked her interest in health care reform, the battle to pass the Affordable Care Act and what she hasn't been able to accomplish in her long career.
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November 28, 2023
Real Estate Rumors: Brent Saunders, JVM, Hudson Pacific
The CEO of Bausch + Lomb is said to be the buyer of a $35.3 million home near Miami, JVM Realty has reportedly purchased a luxury apartment building near Chicago for a price rumored to exceed $30 million and Hudson Pacific Properties is said to have sold a 5.3-acre parcel in Sillicon Valley for $43.5 million.
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November 28, 2023
Fajr Capital-Led Consortium Paying $1B For Aster's Gulf Biz
An Allen & Overy-advised consortium led by Dubai-based Fajr Capital has agreed to acquire 65% of hospital chain Aster DM Healthcare's Gulf Cooperation Council business for $1 billion, Fajr said Tuesday.
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November 28, 2023
Sens. Question Anesthesia Co.'s 'Monopolistic' Model
Sens. Elizabeth Warren and Richard Blumenthal have asked the CEO of U.S. Anesthesia Partners to rethink its "monopolistic business model" and its use of noncompete agreements among doctors.
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November 28, 2023
Texas Justices Scrutinize Standing In Suit Over Abortion Ban
Texas Supreme Court justices on Tuesday repeatedly asked a group of patients suing the state over its abortion bans why they hadn't taken their doctors to court instead, suggesting their suit may not be the right vehicle to clarify abortion laws.
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November 28, 2023
Suit Says Pot Patient Fired After Being Forced To Take Leave
A Pennsylvania man suffering from eye issues and kidney disease says he was demoted upon his employer, thermoplastics company Sekisui Kydex LLC, learning of his medical cannabis use and then fired while on medical leave partially on the basis of his need for accommodation, according to a lawsuit in Pennsylvania federal court.
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November 28, 2023
Law Firm Leaders Cautiously Optimistic Heading Into 2024
Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.
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November 28, 2023
The 2023 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.
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November 28, 2023
Bristol Myers Strikes Up To $2.3B Avidity Cardio Partnership
Bristol Myers Squibb has struck a research partnership with Avidity Biosciences Inc. that could see the biopharmaceutical giant funnel up to $2.3 billion into the discovery, development and commercialization of certain treatments for cardiovascular disease, Avidity said Tuesday.
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November 27, 2023
Levi, Pomerantz Seek To Lead Insulin Pump Co. Investor Suit
Levi & Korsinsky LLP and Pomerantz LLP want to represent a proposed class of investors in a suit alleging insulin pump maker Tandem Diabetes Care Inc. and its executives misled the public about the company's growth prospects for the year amid inflation and an uptick in competition.
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November 27, 2023
News Outlets Push To Toss Anti-Vax Antitrust Suit Now In DC
The Associated Press, The Washington Post, Reuters and BBC told a D.C. federal court that the recent transfer of a lawsuit by Robert F. Kennedy Jr.'s anti-vaccine group doesn't help its claims that the news organizations colluded with social media platforms to censor rivals.
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November 27, 2023
Amicus Groups Tell High Court To End Chevron Deference
Six groups, including the Ohio Chamber of Commerce and several former state supreme court judges, filed friend-of-the-court briefs on Monday urging the U.S. Supreme Court to overturn a decades-old legal doctrine stating that courts must defer to federal agencies' interpretation of ambiguous laws.
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November 27, 2023
Now-Certified Class Alleges NH Has Bungled Medicaid Program
A New Hampshire federal court certified a class of individuals with disabilities Monday in an action claiming that state mismanagement of a Medicaid program has deprived them of necessary and authorized medical services, ruling that the suit has shown enough evidence of specific practices that affect the entire class.
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November 27, 2023
HHS' OIG Finds Low Risk Of Misuse For Opioid Treatment Drug
The federal government is formulating a plan to expand access to medication for opioid abuse following an analysis published Monday that shows low risk for misuse of the drug buprenorphine.
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November 27, 2023
Regeneron False Claims Act Case Paused Amid Appeal
A Massachusetts federal judge has pressed pause on a False Claims Act case against Regeneron while the First Circuit decides whether his interpretation of the law's causation standard or that of his colleague in the same courthouse is correct.
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November 27, 2023
Mich. Justices To Hear Spat Over PIP Claimant's Right To Sue
The Michigan Supreme Court will consider whether an injured claimant and her health provider are both able to sue for personal injury protection benefits under the state's no-fault law, even if the injured claimant assigned her rights for such benefits to the health provider in exchange for medical treatment.
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November 27, 2023
Fla. Oncologist Avoids Prison In Scheme To Limit Competition
A Florida federal judge sentenced the former president and managing partner of an oncology group to three years of probation and to pay a $50,000 fine for conspiring with executives at a competing oncology group to split the southwest Florida cancer treatment market.
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November 27, 2023
What's Next For Labor Enforcement After DOJ Punts Case?
The future of U.S. Department of Justice criminal prosecutions against "no-poach" deals between rival employers appears troubled after the DOJ dropped its last still-pending public case following a series of high-profile losses, in one of two cases Antitrust Division prosecutors quietly abandoned in a single week.
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November 27, 2023
FDA Quits Global Med Device Regulatory Group
The U.S. Food and Drug Administration has withdrawn from the medical device regulatory working group Global Harmonization Working Party just two years after joining in 2021, saying the group lacked the effort to work with other international regulatory authorities.
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November 27, 2023
Hospital Services Firm Escapes Punitive Damages For Death
A hospital services firm won't face punitive damages for having a nurse practitioner take after-hours calls regarding patients of the firm's president, a Florida state appeals court has ruled, finding insufficient evidence to show the president intended for the nurse practitioner to order treatment without consulting him for a patient who later died.
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November 27, 2023
Pa. Murderer Can't Sue Doctors For Psychiatric Malpractice
A convicted quadruple murderer who killed and buried four people on his Pennsylvania property can't sue his doctors for medical malpractice for their allegedly negligent psychiatric treatment because of a state law prohibiting criminals from benefiting from their crimes, the state Supreme Court has ruled.
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November 27, 2023
Nurse Practitioner Pleads Guilty To $4M Medical Scheme
A nurse practitioner pled guilty Monday to taking part in a $4 million scheme to sell unnecessary durable medical equipment to Medicare beneficiaries.
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November 27, 2023
US Trustee Balks At MedStaff Firm's Bass Berry Retention
The Office of the U.S. Trustee objected to the proposed retention of Bass Berry & Sims PLC by debtor American Physician Partners, saying the request to hire the firm as special counsel would call for duties beyond that of special counsel retention.
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November 27, 2023
Catching Up With Delaware's Chancery Court
Delaware's Chancery Court stuffed a lot into a shortened Thanksgiving week, with new cases involving wrestling promoter Vince McMahon, billionaire Howard Lutnick and activist investor Carl Icahn.
Expert Analysis
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Employer Lessons After 2023's Successful Labor Strikes
Following recent historic strikes in the automotive, entertainment and health care industries, employers of all types can learn key insights about how unions may approach negotiations and strikes going forward, and nonunionized workplaces should anticipate a drive for increased union membership, say Lenny Feigel and Mark Neuberger at Foley & Lardner.
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Why Criminal No-Poach Cases Can Be Deceptively Complex
Mark Rosman at Wilson Sonsini discusses the reasons many criminal no-poach cases that appear simple are actually more complicated than they seem, following several jury trial acquittals and two dismissed cases.
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Kochava Ruling May Hint At Next Privacy Class Action Wave
The Southern District of California's recent ruling in Greenley v. Kochava and increasing complaints alleging that a consumer website is an illegal “pen register” due to the use of third-party marketing software tools foreshadow a new theory of liability for plaintiffs in privacy litigation, say attorneys at Crowell & Moring.
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Series
ESG Around The World: Mexico
ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.
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Opinion
FDA And Companies Must Move Quickly On Drug Recalls
When a drug doesn't work as promised — whether it causes harm, like eyedrops recalled last month by the U.S. Food and Drug Administration, or is merely useless, like a widely used decongestant ingredient recently acknowledged by the agency to be ineffective — the public must be notified in a timely manner, says Vineet Dubey at Custodio & Dubey.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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10 Takeaways From New HHS Federal Compliance Guidelines
The U.S. Department of Health and Human Services' recently issued general compliance program guidance is the first of its kind that would apply across all health care stakeholders, and signals the agency’s first step to improve and update existing compliance guidance, says Melissa Wong at Holland & Knight.
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Ohio Voters Legalize Cannabis — What Comes Next?
This month, voters approved a citizen-initiated statute that legalizes marijuana for recreational use in Ohio, but the legalization timeline could undergo significant changes at the behest of the state's lawmakers, say Daniel Shortt and David Waxman at McGlinchey Stafford.
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Opinion
A Telecom Attorney's Defense Of The Chevron Doctrine
The Chevron doctrine, which requires judicial deference to federal regulators, is under attack in two U.S. Supreme Court cases — and while most telecom attorneys likely agree that the Federal Communications Commission is guilty of overrelying on it, the problem is not the doctrine itself, says Carl Northrop at Telecommunications Law Professionals.
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2 HHS Warnings Highlight Anti-Kickback Risks For Physicians
Two recent advisory opinions issued by the U.S. Department of Health and Human Services' Office of Inspector General involve different scenarios and rationales, but together they illustrate the OIG's focus on and disapproval of contractual joint ventures and other revenue-maximizing physician arrangements, say Robert Threlkeld and Elliott Coward at Morris Manning.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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Cross-Market Implications In FTC's Anesthesia Complaint
The Federal Trade Commission's recent complaint against a private equity firm's acquisition of anesthesiology practices highlights the controversial issue of cross-market harm in health care provider mergers, and could provide important insights into how a court may view such theories of harm, say Christopher Lau and Dina Older Aguilar at Cornerstone Research.
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FTC Orange Book Move Signals New Pharma Patent Scrutiny
The Federal Trade Commission's recent dispute against improper listing of drug patents in the U.S. Food and Drug Administration's Orange Book indicates heightened surveillance of the pharmaceutical industry, particularly where competition-related consequences of patent or regulatory processes are concerned, say attorneys at Fenwick.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Cos. Must Adapt To Calif. Immigration Data Privacy Law
California’s recently signed A.B. 947 expands the California Consumer Privacy Act and brings the state in line with other comprehensive privacy laws that address immigration status, meaning companies should make any necessary updates to their processes and disclosures, say Kate Lucente and Matt Dhaiti at DLA Piper.