Health

  • January 27, 2022

    4 Highlights In Breyer's Legal Legacy For Health, Life Sciences

    Justice Stephen Breyer played a starring role in landmark health care and pharmaceutical cases on an increasingly right-leaning U.S. Supreme Court, helping to narrowly secure major wins for abortion rights and illuminate the First Amendment's expanding use against restrictions on drugmakers.

  • January 27, 2022

    6 Breyer Product, Personal Injury Opinions Attys Should Know

    U.S. Supreme Court Justice Stephen Breyer has more often joined rather than authored opinions handed down in cases — while also shining a pragmatic light on legal issues in a number of concurrences and dissents — but he has still penned more than 200 opinions during his nearly 28 years on the high court.

  • January 27, 2022

    Judge Says Shkreli's Picasso Can Be Sold To Pay $2.6M Debt

    A New York federal judge on Thursday authorized a receiver to sell a Picasso etching seized from imprisoned "pharma bro" Martin Shkreli to settle a $2.6 million debt the former drug firm executive owes to a Pennsylvania pharmaceutical industry consultant.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Fla. Judge Gives Cancer Patients Win Against Aetna

    A Florida federal judge granted two cancer patients a win Thursday in their proposed class suit against Aetna claiming they were wrongfully denied coverage for proton beam radiation therapy under their employer-issued health plans.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    'Street Level' Oxy Pusher Admits Tricking Ex-CEO's Company

    The Manhattan U.S. attorney's drug conspiracy case against former Rochester Drug Cooperative CEO Larry Doud inched toward completion Thursday after an opioid pusher told jurors he never met Doud and got meds from the company by lying about his pharmacy's operations.

  • January 27, 2022

    All Pa. Counties Join $26B Opioid Deal Over DAs' Objections

    All 67 Pennsylvania counties have signed on to a $26 billion, multistate settlement with three distributors and one manufacturer of opioid drugs, the state's attorney general's office announced Thursday, despite the district attorneys of its two largest counties opposing the deal.

  • January 27, 2022

    Vision Biz To Pay $3.5M For Selling Non-Prescription Contacts

    The Federal Trade Commission has inked a $3.5 million settlement with Hubble Contacts to end claims that the online company sent out lenses that did not match customers' prescriptions and paid for positive reviews.

  • January 27, 2022

    Offit Kurman Welcomes Health Care Atty To Harrisburg Office

    An attorney specializing in health care law has joined Offit Kurman Attorneys at Law's Harrisburg, Pennsylvania, office to expand services available to her clients.

  • January 27, 2022

    AGs Ask OSHA For Climate Change Heat Standards

    A coalition of six states has asked the Occupational Safety and Health Administration to establish national standards that consider occupational exposure to extreme heat to protect outdoor and indoor workers from the effects of rising temperatures due to climate change.

  • January 27, 2022

    Ex-V&E Gov't Contracts Co-Chair Jumps To McDermott

    A former Vinson & Elkins LLP partner is moving to McDermott Will & Emery LLP to take the reins of the firm's government contracts practice.

  • January 27, 2022

    Impact Healthcare REIT Seeks To Raise $67M With Share Sale

    Impact Healthcare REIT is looking to raise roughly £50 million ($66.9 million) with a planned sale of new shares, according to an announcement on Thursday from the U.K. real estate investment trust.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 26, 2022

    7th Circ. Dismisses Indiana Univ. Students' Vax Mandate Suit

    The Seventh Circuit tossed as "moot" a lawsuit filed by eight Indiana University students who opposed the institution's COVID-19 vaccine mandate, ruling that the case hinged on a single plaintiff who had withdrawn from the school.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    4th Circ. Backs Toss Of FCA Medicaid Suit Against Allergan

    A split Fourth Circuit panel has refused to revive a False Claims Act suit alleging an Allergan unit fraudulently reported drug prices to Medicaid and cost the federal government at least $680 million, finding that the company didn't "knowingly" make false claims.

  • January 26, 2022

    UHS Investors Get $2.5M Fees After 'Audacious' $5.7M Bid

    Shareholders who accused Universal Health Services Inc. of misleading them about an overbilling scheme and agreed to a settlement secured a $2.5 million attorney fee award on Wednesday, less than half of the $5.7 million request called "audacious" by the Fortune 500 company.

  • January 26, 2022

    Mississippi Lawmakers Send Medical Pot Bill To Governor

    Mississippi lawmakers on Wednesday approved a medical marijuana bill, sending the legislation to Republican Gov. Tate Reeves' desk with broad enough support to override a veto and positioning the state to become the 37th to legalize cannabis for medical use.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

  • January 26, 2022

    Texas Gov. Asks State Justices To Affirm Mask Mandate Ban

    Texas Gov. Greg Abbott has asked the Texas Supreme Court to reverse two lower court rulings and find that he has the authority to issue a statewide mask mandate ban, imploring the court to weigh in on a debate that has been percolating in state courts since August.

  • January 26, 2022

    'Just Do Your Job': Justice Breyer's Legacy Of Pragmatism

    With the coming retirement of Justice Stephen Breyer, the U.S. Supreme Court loses not only a core member of its liberal bloc, but also a judicial thinker who cares deeply about making the law work on a practical level, those who worked with him said.

  • January 26, 2022

    Ga. Health Care System Can't Shake $4.6M ERISA Class Action

    A Georgia health care system has lost its bid to dismiss a proposed class action alleging it wasted about $4.6 million in employees' retirement savings by mismanaging their investments, a day after the U.S. Supreme Court issued an opinion in a similar case.

  • January 26, 2022

    Blank Rome Adds Corporate Litigation Partner In Philly

    An attorney with more than two decades of experience in health care and antitrust matters has moved his practice to Blank Rome LLP's Philadelphia office from Troutman Pepper, Blank Rome has announced.

Expert Analysis

  • 3 Keys To Success For Health Care Private Equity Buyers

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    As large private equity funds increasingly look to expand in the health care sector, displacing some middle market buyers, it is important for buyers to prioritize preparation, speed and conviction when pursuing deals, says Kristian Werling at McDermott.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • OSHA Case Shows Fluidity Of Major Questions Doctrine

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    Contrary to U.S. Supreme Court Justice Neil Gorsuch's assertion, the major questions doctrine on court deference to agency statutory interpretations is actually quite murky, as seen in its recent application in the National Federation of Independent Business' case challenging the Occupational Safety and Health Administration’s vaccinate-or-test mandate at the high court, says Andrew Michaels at the University of Houston Law Center.

  • Litigation Complicates Surprise Medical Bill Law Compliance

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    Health care providers working on compliance with a recently effective law intended to curb surprise medical bills should prioritize provisions of the statute that are not being challenged by a group of ongoing lawsuits, and prepare to take advantage of potential provider-friendly court rulings regarding components in question, say Brenna Jenny and Jaime Jones at Sidley.

  • Tribal Corp. IP Suit Highlights Sponsored Research Pitfalls

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    In Tulalip Tribal Federal Corp.'s recent Washington federal court action alleging that Stanford University copied a treatment based on research involving the tribes' confidential information, the parties' pleadings shed light on best practices for addressing ownership of sponsored research results in clear and precise terms, says attorney Catlan McCurdy.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • Lessons From Moderna's COVID Vaccine Patent Dispute

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    The National Institutes of Health's legal battle over Moderna's COVID-19 vaccine patent application highlights the unwelcome complications that can ensue when businesses collaborate in developing products, and the importance of best practices in naming inventors, says William Honaker at Dickinson Wright.

  • Drug Patent Suits' Novel Theory Tests False Claims Act Limits

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    Three recent False Claims Act cases in federal district courts, pursuing the novel theory that pharmaceutical companies defrauded the government by charging inflated drug prices based on invalid patents, could set federal appellate courts on a collision course and create new risks for patent holders, say attorneys at Williams & Connolly.

  • How Health Cos. Have Responded To Anti-Kickback Reform

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    A year after the Centers for Medicare & Medicaid Services revised anti-fraud and abuse regulations for value-based care arrangements, health companies have expressed some willingness to embrace new safe harbors, but ultimately further reform may be necessary, say Troy Barsky and Barbara Ryland at Crowell & Moring.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • Antitrust's 1900s Nostalgia In The US And Beyond

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    President Joe Biden's appointees will continue to pursue a return to a previous antitrust era this year — the Federal Trade Commission, in particular, is dusting off its old tools — and similar developments are occurring in Europe and Asia, says Maureen Ohlhausen at Baker Botts.

  • Opinion

    Justices Correctly Used Shadow Docket In OSHA Vax Ruling

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    The U.S. Supreme Court’s use of the shadow docket to sink the Biden administration’s vaccine mandate for large employers in National Federation of Independent Business v. U.S. Department of Labor was the right procedure given the rule’s time-limited duration — even if the court reached the wrong substantive result, says Peter Fox at Scoolidge Peters.

  • Orphan Drug Approval Takeaways From Recent FDA Data

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    Contrary to lawmakers' claims that generic drugs have been delayed or deterred from the marketplace by the Orphan Drug Act’s regulatory process, trends in recent data from the U.S. Food and Drug Administration show that orphan drug approvals are not pursued later solely to deter generic entry, say Omar Robles at Emerging Health and Katherine Jones at Bates White.

  • What High Court Rulings Mean For Employer Vax Mandates

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    While the U.S. Supreme Court’s recent opinions on COVID-19 vaccination mandates for private and health care employers offer important guidance on workplace applicability, lower courts’ resolution of the underlying lawsuits could still pose further changes, says Jordann Wilhelm at Radey Law Firm.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

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