Health

  • September 11, 2025

    Medicare Drug Pricing Plan Survives Novartis' 3rd Circ. Appeal

    The Third Circuit ruled Thursday that the Centers for Medicare & Medicaid Services' ability to negotiate "maximum fair prices" with drugmakers doesn't violate their constitutional rights, rejecting an argument by Novartis Pharmaceuticals Corp. that the practice amounted to a raw deal for the pharmaceutical industry.

  • September 11, 2025

    2 NY Fertility Clinics Must Face Suit Over Destroyed Eggs

    A New York federal judge on Thursday greenlit for trial a suit accusing two fertility clinics of negligently allowing a woman's eggs to be destroyed due to alleged mishandling, saying the claims can be considered ordinary negligence rather than medical malpractice.

  • September 11, 2025

    Doctor Says Brother's Ex-Firm Reneged On Pro Bono Promise

    A doctor has accused Whiteford Taylor & Preston LLP of backing out of its promise to represent her free of charge in litigation by her former employer, the University of Oklahoma College of Medicine, over her efforts to publish testimonials from patients regarding gender transition care.

  • September 11, 2025

    Expert's AI Hallucinations Blamed On Attys' 'Willful Blindness'

    Utah anesthesiologists facing a False Claims Act fraudulent billing suit doubled down Wednesday on their bid to sanction and disqualify the whistleblower's counsel for not catching an expert witness report with numerous AI-generated fabrications, arguing the errors were so obvious that the failure to catch them constitutes "willful blindness."

  • September 11, 2025

    1st Circ. OKs Freeze Of Planned Parenthood Medicaid Funding

    The First Circuit on Thursday allowed the Trump administration to halt Medicaid reimbursements to Planned Parenthood and its affiliates, pausing a pair of lower court rulings that had blocked the funding cut.

  • September 11, 2025

    Insulin Makers Ask 2nd Circ. To Rethink Collusion Claims

    Sanofi-Aventis US, Eli Lilly & Co., Novo Nordisk Inc. and AstraZeneca Pharmaceuticals LP are asking for a rehearing after a Second Circuit panel revived a proposed class action from safety-net hospitals and clinics accusing the companies of increasing insulin drug costs by agreeing to limit participation in a discount program.

  • September 11, 2025

    7th Circ. Backs $183M FCA Award Over Eli Lilly Drug Rebates

    The Seventh Circuit refused on Thursday to unwind a whistleblower's $183 million trial win against Eli Lilly in a false claims case targeting more than a decade of drug rebate miscalculations, saying a jury reasonably found that the company knowingly "hid the truth" about how much it charged for Medicaid-covered drugs.

  • September 11, 2025

    LifePoint Must Face Workers' 401(k) Mismanagement Suit

    A Tennessee federal judge refused to toss a proposed class action against LifePoint Health Inc. from participants in the healthcare company's employee 401(k) plan who alleged their retirement savings were dragged down by excessive recordkeeping and administrative fees, concluding allegations were sufficiently backed up to proceed to discovery.

  • September 11, 2025

    Freshfields, Kirkland Advise On Advent's $4.7B Zentiva Sale

    European generics pharmaceutical company Zentiva will be sold by private equity firm Advent to U.S.-based GTCR, Advent announced Thursday.

  • September 11, 2025

    Yale New Haven Offers $18M To Settle Data Breach Claims

    Yale New Haven Health Services Corp. has offered to create an $18 million global fund to settle what were once multiple lawsuits surrounding a March 8 data breach that affected more than 5 million individuals, according to a motion seeking a Connecticut federal judge's preliminary approval.

  • September 11, 2025

    Fla. Doc Can Pursue Defamation Claims Against CNN, Cooper

    A Florida appeals court has reversed an order throwing out a pediatric doctor's suit against CNN, Anderson Cooper and reporters for the network, saying a jury should decide whether they defamed him through the use of unadjusted mortality rates at his hospital.

  • September 11, 2025

    5th Circ. Won't Revisit Doctor's Captive Insurance Case

    The Fifth Circuit rejected a Texas doctor's request for the full court to review a panel's July decision that he was not entitled to $1 million in tax deductions linked to his urgent care network's captive insurance company.

  • September 10, 2025

    Feds Barred From Axing 30-Year Noncitizen Services, For Now

    A Rhode Island federal judge Wednesday blocked the Trump administration from enacting a policy change requiring immigration status checks for a number of federally funded community services, saying a coalition of Democratic-led states is likely to succeed in its assertion that the move is unconstitutional, as well as arbitrary and capricious.

  • September 10, 2025

    FTC Urged To Probe Microsoft Over Ascension Data Breach

    U.S. Sen. Ron Wyden, D-Ore., is calling on the Federal Trade Commission to open an investigation into Microsoft's "gross cybersecurity negligence" that has allegedly contributed to cyberattacks against critical infrastructure providers, including a 2024 ransomware hack that targeted hospital system Ascension.

  • September 10, 2025

    Pa. Court Upholds Defense Verdict In Throat Surgery Suit

    The Pennsylvania Superior Court on Wednesday affirmed a jury verdict in favor of an anesthesiologist accused of causing a patient's trachea tear following throat surgery, saying the doctor's expert witness didn't introduce new testimony at trial.

  • September 10, 2025

    NJ Comptroller Targets Firm Linked To Exonerated Mogul

    A New Jersey insurance brokerage founded by Democratic power broker George E. Norcross III violated public contracting laws and failed to disclose conflicts of interest to state regulators, according to a report by the state's Office of the State Comptroller.

  • September 10, 2025

    Ga. Stroke Patient Seeks New Trial Over Misdiagnosis Claims

    A woman who says that an emergency room doctor at an Atlanta-area hospital failed to diagnose her stroke in time to save her from lifelong brain damage urged the Georgia Court of Appeals Wednesday to grant her a new trial, telling the court that "the record is absolutely silent" about the doctor's purported ordering of exams that might have turned the tide.

  • September 10, 2025

    Teleradiology Co. Seeks OK Of Award Nixing $2M Fraud Claim

    An Indian teleradiology company asked a Georgia federal court not to vacate an arbitral award that rejected a radiology provider's $2 million fraud claim against it, arguing that the arbitrator properly interpreted their longstanding vendor–vendee contract.

  • September 10, 2025

    Texas Panel Says Expert Not Qualified In Facelift Suit

    A panel of the Texas appellate court has excluded an expert report offered by a woman suing her plastic surgeon over an allegedly botched facelift, saying the anesthesiologist did not establish that he is qualified to opine on the surgery and claims in question.

  • September 10, 2025

    FTC Warns Healthcare Employers About Noncompetes

    The Federal Trade Commission has sent letters warning healthcare employers and staffing companies not to include overly broad noncompete restrictions in their employment contracts and urged them to conduct a review to ensure they comply with the law.

  • September 10, 2025

    Colo. Gov. Urges Extension Of Fed. Enhanced Premium Credit

    Congress should act to preserve the tax credit that subsidizes individual market health plans, Colorado Gov. Jared Polis told the state's congressional delegation, warning of significant premium increases if the credit is allowed to expire after this year.

  • September 10, 2025

    $36M DOL Award Unjustified, Nursing Homes Tell 3rd Circ.

    A group of bankrupt nursing homes told a Third Circuit panel Wednesday that a nearly $36 million judgment against it for not paying employees overtime should be thrown out because the judge who ordered it found sweeping Fair Labor Standards Act violations across the company without the support of the evidence.

  • September 10, 2025

    Medical Equipment Co. Settles County Claims In Opioid MDL

    Medical equipment company Henry Schein Inc. and its related entities have settled claims by Virginia counties brought against it in the sprawling national opioid litigation, according to a notice filed Wednesday.

  • September 10, 2025

    Jones Day Adds Ex Fed. Prosecutor To SF Healthcare Team

    Jones Day is expanding its health care team, bringing in a former assistant U.S. attorney as of counsel in its San Francisco office.

  • September 10, 2025

    Holland & Knight Adds King & Spalding Health Ace In Houston

    Holland & Knight LLP announced Wednesday that it has added a former King & Spalding LLP attorney in Houston to bolster its healthcare transactions practice group.

Expert Analysis

  • Takeaways From DOJ's 1st Wage-Fixing Jury Conviction

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    U.S. v. Lopez marked the U.S. Department of Justice's first labor market conviction at trial as a Nevada federal jury found a home healthcare staffing executive guilty of wage-fixing and wire fraud, signaling that improper agreements risk facing successful criminal prosecution, say attorneys at McGuireWoods.

  • Bid Protest Spotlight: Size, Supply Schedules, SINs

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    In this month's bid protest roundup, Alissandra McCann at MoFo examines three recent decisions, two of which offer helpful reminders for U.S. General Services Administration schedule holders drafting blanket purchase agreement proposals, and one for small-business joint ventures to avoid running afoul of the U.S. Small Business Administration's two-year rule.

  • Del. Bill Reflects Nat'l Tug-Of-War Between Cannabis, Alcohol

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    As Delaware's bill targeting hemp-derived THC beverages and ingestible products moves through the general assembly, it reads like a local regulatory fix — but in reality, it's a microcosm of a national power struggle playing out state-by-state across the cannabis frontier, says attorney Peter Murphy.

  • $38M Law Firm Settlement Highlights 'Unworthy Client' Perils

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    A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.

  • Only Certainty About FAR Reform Order Is Its Uncertainty

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    The president’s recent order overhauling the Federal Acquisition Regulation, which both contractors and agencies rely on to ensure predictability and consistency in federal procurement, lacks key details about its implementation, which will likely eliminate many safeguards that ensure contractors are treated fairly and that procurements are awarded in a reasonable manner, say attorneys at Miles & Stockbridge.

  • Maintaining Legal Compliance For GenAI In Life Sciences

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    As companies continue to implement generative artificial intelligence to enhance all phases of drug discovery, they must remain mindful of legal, regulatory and practical considerations as best practices in this space emerge and evolve, say attorneys at Sullivan & Cromwell.

  • Series

    Teaching Business Law Makes Me A Better Lawyer

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    Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

  • Gauging Professional Sport Biometric Data Privacy Concerns

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    In today's data-driven sports industry, teams, leagues and sponsors increasingly rely on biometric and performance data to enhance player performance, prevent injuries and optimize contract negotiations, but this growing reliance on highly sensitive data raises significant legal and privacy concerns, particularly in light of evolving biometric privacy laws, say attorneys at Foley & Lardner.

  • Navigating The Expanding Frontier Of Premerger Notice Laws

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    Washington's newly enacted law requiring premerger notification to state enforcers builds upon a growing trend of state scrutiny into transactions in the healthcare sector and beyond, and may inspire other states to enact similar legislation, say attorneys at Simpson Thacher.

  • Deregulation Memo Presents Risks, Opportunities For Cos.

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    A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lessons: Mastering Discovery

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    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

  • Maneuvering The Weeds Of Cannabis Vertical Integration

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    The conversation around vertical integration has taken on new urgency as the cannabis market expands, despite federal reform remaining a distant dream, so the best strategy for cannabis operators is to approach vertical integration on a state-by-state basis, say attorneys at Sweetspot Brands.

  • Opinion

    The IRS Shouldn't Go To War Over Harvard's Tax Exemption

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    If the Internal Revenue Service revokes Harvard's tax-exempt status for violating established public policy — a position unsupported by currently available information — the precedent set by surviving the inevitable court challenge could undercut the autonomy and distinctiveness of the charitable sector, says Johnny Rex Buckles at Houston Law Center.

  • Opinion

    New Hospice Regulations Should Enforce Core Principles

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    As the U.S. Department of Health and Human Services' Office of Inspector General prepares to research and expand on oversight of Medicare hospice care, the OIG should keep in mind certain core principles, such as an emphasis on preventing the entry of hospices that raise red flags, says Bill Dombi at Arnall Golden.

  • Series

    Playing Guitar Makes Me A Better Lawyer

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    Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.

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