Health

  • April 12, 2021

    ITC Clears Garmin and Fitbit in Philips Patent Case

    The U.S. International Trade Commission on Monday terminated an investigation into Garmin and Fitbit Inc. that looked into whether the companies infringed two patents from Philips, according to a notice from the agency.

  • April 12, 2021

    Biden Taps Lowenstein Sandler Atty, Ex-NJ AG To Run DEA

    A Lowenstein Sandler LLP special counsel who served as New Jersey's attorney general from 2007 to 2010 has been nominated to head the Drug Enforcement Administration, President Joe Biden announced Monday.

  • April 12, 2021

    False Ad Suit Against Stem Cell Clinic Back In Ga. State Court

    A Georgia federal judge on Monday returned to state court a lawsuit alleging false representations by a stem cell clinic, saying there wasn't a federal statute in question in the case brought by the Georgia attorney general.

  • April 12, 2021

    Ky. Latest State To Enact COVID-19 Liability Shield Law

    Kentucky has enacted a law that shields businesses and health care providers from COVID-19 injury and death lawsuits, following Florida as the latest state to provide a legal safe haven for businesses amid the pandemic.

  • April 12, 2021

    NJ Pot Regulators Prioritize Equity, Patients' Access

    At its inaugural meeting on Monday, members of the New Jersey Cannabis Regulatory Commission pitched a vision of regulating cannabis with a focus on restoring communities harmed by the war on drugs and ensuring patients' continued access to medicinal marijuana in the Garden State.

  • April 12, 2021

    Insurers Say Virus Exclusion Nixes Tribe's Coverage Bid

    A group of insurance companies urged a California federal judge on Friday to put an end to a proposed class action filed by the Menominee Indian Tribe of Wisconsin seeking COVID-19 business interruption coverage, arguing that their insurance policies clearly include virus exclusions that foreclose the tribe's bid for coverage.

  • April 12, 2021

    Rite Aid Beats Suit Over Ex-Atty's Insider Trading Warning

    A Pennsylvania federal judge ruled Monday that a former associate counsel for Rite Aid Corp. had failed to show that he was fired for blowing the whistle on potential insider trading as opposed to being let go as part of a broader companywide workforce reduction.

  • April 12, 2021

    Minn. House Panel OKs Legalizing, Taxing Recreational Pot

    A Minnesota House committee advanced a bill Monday to legalize recreational cannabis and impose gross receipts and use taxes on sales of cannabis products.

  • April 12, 2021

    Pregnant Nurse Says Hospital Falsely Blamed Virus For Firing

    A Pennsylvania hospital used layoffs at the outset of the COVID-19 pandemic as a pretext for firing a nurse who had taken time off for parental leave, the ex-nurse claimed in a federal lawsuit filed Monday.

  • April 12, 2021

    Invisalign Maker Must Face Dentists' Antitrust Claims

    A California federal judge has refused to let Align Technology Inc. duck claims from two dental practices that the Invisalign maker violated antitrust laws by taking over the market for clear aligners and the mouth scanners used to make them.

  • April 12, 2021

    Full 6th Circ. Set To Look At Tenn. Abortion Fight

    The full Sixth Circuit is teed up to hear Tennessee's appeal of a lower court's decision to block a state requirement that women wait 48 hours between consulting with a doctor and getting an abortion.

  • April 12, 2021

    Feds Say Texas Is Too Late To Pick Up Public Charge Fight

    The Biden administration and Cook County, Illinois, urged the U.S. Supreme Court to spike an appeal from Texas and other states seeking to resurrect the 2019 public charge rule, arguing that the states had missed their chance to intervene.

  • April 12, 2021

    NY Health Care System Says Insurers Can't Avoid Virus Suit

    Lexington Insurance Co. and Interstate Fire & Casualty Co. can't use contamination exclusions to escape a $1.25 billion federal coverage suit for pandemic-related losses, New York's biggest health provider argued on Friday, saying the coronavirus wasn't a contaminant or pollution.

  • April 12, 2021

    Ardian Raises €7.5B Via Latest Buyout Fund, Co-Investments

    Private investment firm Ardian said Monday that it landed a combined €7.5 billion (over $8.9 billion) through its latest buyout fundraise and co-investments to continue injecting capital into health care, food chain, and technology and services companies.

  • April 12, 2021

    3rd Circ. Probes Doctor's 'Catch-22' Stance In Antitrust Case

    The Third Circuit on Monday wondered if a surgeon accusing a medical certification board of blocking his attempt to work in hospitals has standing to make the antitrust allegations, since the physician hasn't applied for the practice privilege in the first place.

  • April 12, 2021

    Attys Ask For $25M In Landmark USC Sex Abuse Settlement

    Attorneys for women who alleged the University of Southern California failed to protect them from sexual abuse by a former gynecologist at the school are asking for $25 million in fees for their work in securing a landmark $215 million settlement reached last year.

  • April 12, 2021

    Jackson Lewis Gets Benefits Pro Back From Morrison Cohen

    Jackson Lewis PC has added an executive compensation and employee benefits attorney to bolster its ranks in Houston, bringing him back into the fold after almost two years with Morrison Cohen LLP.

  • April 12, 2021

    Simpson, Paul Weiss Rep Microsoft's $19.7B Nuance Buy

    Microsoft Corp., represented by Simpson Thacher, unveiled plans Monday to buy Paul Weiss-advised Nuance Communications Inc. for an enterprise value of $19.7 billion, in a deal that will see Microsoft gain a health care industry-focused provider of artificial intelligence-based software.

  • April 09, 2021

    SmileDirect Tells 9th Circ. 'Harassment' Continues In Calif.

    SmileDirectClub is defending its request for the Ninth Circuit to take judicial notice of several rejected applications to operate locations of the teeth alignment business, saying the rejections indicate that California's dental board is continuing to harass SmileDirect as the company tries to revive its suit against the board members.

  • April 09, 2021

    Cannabis Bill Roundup: Mont. Weighs How To Dole Out Funds

    The Montana House of Representatives advanced multiple bills implementing voter-approved adult-use legalization, but with dueling proposals on how to spend the tax revenue, while North Carolina lawmakers pitched medical and recreational cannabis legislation on the same day. Here are the major developments in cannabis reform from the past week. 

  • April 09, 2021

    Biden Seeks $132B For HHS In War Against COVID, Opioids

    The Biden administration on Friday released a $131.7 billion budget request for the U.S. Department of Health and Human Services for fiscal year 2022 that includes increased funding to combat the coronavirus pandemic and the opioid crisis, which has worsened over the past year.

  • April 09, 2021

    Ill. Nursing Home Can't Shake Suit Over COVID-19 Deaths

    An Illinois federal judge ruled Friday that a nursing home accused of causing a COVID-19 outbreak that resulted in the deaths of several residents can't escape twin suits because the residents' family members plausibly alleged violations of a state law governing nursing home care.

  • April 09, 2021

    Logistics Co. Settles New Jersey AG's Pregnancy Bias Claims

    A New Jersey fulfillment company has agreed to settle the Garden State's allegations that it forced a pregnant worker to take unpaid leave rather than modifying her duties to allow more bathroom breaks and less heavy lifting, the New Jersey attorney general's office announced Friday.

  • April 09, 2021

    Perrigo Execs Ask Out Of Investor Lawsuit Over $1.9B Tax Bill

    Two executives should be dismissed from a lawsuit against pharmaceutical company Perrigo alleging it hid a €1.6 billion ($1.9 billion) tax bill because there is no evidence of their wrongdoing, they told a New York federal court.

  • April 09, 2021

    Health Hires: Morgan Lewis, K&L Gates

    Morgan Lewis & Bockius LLP has snapped up a biopharmaceutical expert from Hogan Lovells in Boston and K&L Gates LLP has built out its Texas health care bench with a new partner, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.

Expert Analysis

  • Where Health Care Enforcement Is Headed Under Biden

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    Early actions by President Joe Biden's administration signal a robust health care enforcement environment in which federal agencies will aggressively scrutinize pandemic-related and Medicare Advantage fraud, nursing homes, and medical technology, and False Claims Act activity will likely increase, say attorneys at Alston & Bird.

  • What Associates Should Consider Before Switching Practices

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    The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

  • Key Takeaways From FDA Warnings To CBD Cos.

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    Two warning letters the U.S. Food and Drug Administration recently issued to makers of CBD products highlight the agency's chief enforcement concerns, but leave some uncertainties regarding the future of CBD regulation, say Kristi Wolff and Donnelly McDowell at Kelley Drye.

  • Mitigating Anti-Kickback Risks Of Health Tech Stock Warrants

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    While stock warrants are a practical way for the health technology industry to finance growth, companies should utilize statutory safe harbors to mitigate federal Anti-Kickback Statute compliance risks, which could arise from an improperly structured arrangement that encourages referral of business to a vendor, say Meenakshi Datta and Jon Zucker at Sidley.

  • 4 Effective Ways To Prioritize Client Advocacy

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    To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

  • Remote Law Firm Culture Should Prioritize Associate Training

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    Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

  • Health Insurance Compliance Steps After Antitrust Reform

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    Health insurers should review their compliance programs to avoid antitrust complaints from overzealous plaintiffs now that the Competitive Health Insurance Reform Act has ended insurers' federal antitrust protections, say Lisl Dunlop and Thomas Rohback at Axinn.

  • How Denial Of Autism Care Coverage Can Breach ERISA Duty

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    In Doe v. United Behavioral Health, a California federal court's recent ruling that denial of autism treatment reimbursement was an Employee Retirement Income Security Act fiduciary duty breach shows the tide may be turning in favor of patients as these therapies become the general standard of care, says Mark DeBofsky at DeBofsky Sherman.

  • Ways Universities Can Improve Foreign Influence Compliance

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    U.S. universities should take practical steps to monitor and effectively manage compliance risks related to collaborative research relationships with China, given the likelihood of continued scrutiny under the Biden administration, says Robert Roach at Guidepost Solutions.

  • Virtual Litigation May Unravel The Narcissistic Lawyer

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    The virtual courtroom limits a narcissistic lawyer's ability to intimidate witnesses and opposing counsel, boast to clients or engage in grandstanding — an unexpected benefit of the global pandemic as some aspects of remote litigation are likely here to stay, says Jennifer Gibbs at Zelle.

  • ABA Remote Work Guide Raises Bar For Atty Tech Know-How

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    A recent American Bar Association opinion on lawyers' ethical duties of competence and confidentiality when working remotely should be viewed as part of a larger movement by which attorneys are being exhorted to develop competence in 21st century technology, say Jennifer Goldsmith at Ironshore and Barry Temkin at Mound Cotton.

  • How NY's Cannabis Legalization Act Prioritizes Equity

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    Elements of New York's recently passed Marijuana Regulation and Taxation Act, such as its prohibition of vertically integrated operators, show consideration for social and economic equity in the new industry, says Simon Malinowski at Harris Bricken.

  • Lateral Hire Conflict Screening Lessons From DLA Piper Case

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    While a Texas federal court recently denied a motion to disqualify DLA Piper from representing Apple in a patent dispute after the law firm hired an attorney who formerly represented opponent Maxwell, the case is a reminder that robust conflict checks during lateral hiring can save firms the time and expense of defending disqualification motions, says Hope Comisky at Griesing Law.

  • 3 Cybersecurity Questions To Ask Before A Remote Mediation

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    Lawyers preparing to mediate or arbitrate a case through videoconference should take steps to ensure they and their alternative dispute resolution providers are employing reasonable security precautions to protect digital client data and conform to confidentiality obligations, say F. Keith Brown and Michael Koss at ADR Systems.

  • Expect Aggressive Health Care Scrutiny From Mass. US Atty

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    As we await a new presidentially appointed U.S. attorney for Massachusetts, health business leaders and in-house counsel should reexamine their compliance structures, as the office will likely continue to prioritize enforcement efforts against both traditional areas of focus and pandemic-related fraud, say Jack Pirozzolo and Doreen Rachal at Sidley.

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