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May 08, 2024
GW Hospital Bargained In Bad Faith, NLRB Dems Say In Redo
A split National Labor Relations Board panel said Wednesday that George Washington University Hospital sabotaged union negotiations with unworkable proposals, reasserting precedent that employers bargain in bad faith by insisting on contract provisions that effectively nullify unions.
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May 08, 2024
Duke Doctor Partially Resuscitates NC Firing Suit
The North Carolina state appeals court has partially revived a fired Duke University hospital resident's lawsuit alleging that health care system officials terminated him because of his depression after an inadequate firing-review process that violated an employment contract.
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May 08, 2024
In Final Memo, Blumenauer Eyes Path Forward For Cannabis
Rep. Earl Blumenauer, D-Ore., a longtime champion of cannabis reform in Congress who plans to retire this year, is calling marijuana reform a "winning issue" for policymakers and outlined numerous actions both legislators and federal agencies can take to move the issue forward.
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May 08, 2024
Ga. Doctor, Urology Clinic Want New Trial In $15M Death Case
Attorneys for a Georgia doctor and urology clinic urged the Georgia Court of Appeals on Wednesday to set aside a $15 million jury verdict and order a new trial in a wrongful death case filed by the wife of an 80-year-old man who died following a November 2016 prostate surgery.
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May 08, 2024
Fla. Lab Owner Gets 10 Years For Unneeded Medical Tests
A Florida medical lab owner has been sentenced to 10 years in prison after pleading guilty to charges related to accusations that he billed Medicare for $53 million in unnecessary genetic cancer screening tests.
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May 08, 2024
Sleep Apnea Co. Hits Ch. 11 Over $41.5M In Debt, Cash Woes
California-based ProSomnus, which produces devices to prevent sleep apnea, said a balance sheet heavy with more than $41.5 million in debt and difficulty in funding its continued operations forced it to file for Chapter 11 protections in Delaware.
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May 08, 2024
Simpson Thacher-Led Silver Lake Lands $20.5B For 7th Fund
Technology-focused private equity shop Silver Lake, advised by Simpson Thacher & Bartlett LLP, announced Wednesday the closing of its seventh flagship fund after securing $20.5 billion from investors, beating out the amount raised in its predecessor fund by about half a billion dollars.
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May 07, 2024
GOP Reps. Want IP Enforcers To Get Tougher On Infringers
Republican lawmakers complained at a Tuesday congressional hearing about the Biden administration's move to end the controversial Trump-era "China Initiative" aimed at curbing suspected economic espionage and questioned administration officials over how diligently they have pursued intellectual property cases on behalf of U.S. manufacturers, retailers, movie studios and vape companies.
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May 07, 2024
Novant CEO Vows To Improve Hospitals Facing FTC Scrutiny
Novant Health kicked off its defense Tuesday in the Federal Trade Commission's $320 million merger challenge with testimony from its longtime CEO, who vocalized the health system's promise to reinvest in the two struggling hospitals at the center of the case.
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May 07, 2024
US News' Suit Over SF Ranking Probe Premature, Judge Says
A California federal judge on Tuesday tossed without prejudice U.S. News & World Report's lawsuit challenging the San Francisco City Attorney's subpoenas seeking information about its methodology for ranking hospitals, saying the suit jumps the gun because U.S. News is not bringing a valid pre-enforcement claim.
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May 07, 2024
Magic Johnson's Name Used As Bait For Investors, Jury Hears
A California man falsely told investors as the COVID-19 pandemic raged in March 2020 that he had a cure and that NBA legend Earvin "Magic" Johnson was on his company's board, a federal prosecutor told a Los Angeles federal jury Tuesday during opening statements in the man's wire fraud trial.
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May 07, 2024
Pharma Co. Falsely Touted Obesity Drug Results, Suit Claims
Biopharmaceutical company Altimmune Inc. and three of its executives were hit with a proposed class action alleging they overstated the clinical trial results and prospects of its obesity drug and its ability to compete with other weight loss medications like Ozempic.
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May 07, 2024
NBA's Dominique Wilkins Sues AmeriHealth Partners Over NIL
NBA slam-dunk legend Dominique Wilkins and his management team are suing AmeriHealth Partners LLC in Atlanta federal court for allegedly using his name, image and likeness without his permission to market pharmaceutical products nationwide in 74,000 drug stores.
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May 07, 2024
NY Officials Tout Crackdown On Illicit Cannabis Market
New York state cannabis regulators on Tuesday touted new legislative changes empowering them to more swiftly crack down on unregulated marijuana sales, the same day that New York City officials announced a program to step up enforcement against unlicensed retailers.
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May 07, 2024
MultiPlan, Insurance Cos. Accused Of Algorithmic Collusion
A medical provider has lodged a proposed class action in Illinois federal court accusing MultiPlan and major insurance companies, including UnitedHealth, Aetna, Kaiser Permanente and Cigna, of using pricing tools to systematically underpay out-of-network providers.
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May 07, 2024
Hospital Says Appellate Court Flubbed $1.9M Payout Review
A Connecticut hospital has asked the state's appellate court to hold a full court rehearing on its refusal to pause a $1.9 million prejudgment remedy the hospital was ordered to pay to a group of anesthesiologists pursuing billing claims against it, arguing the decision causes irreparable harm.
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May 07, 2024
$55M Hospital Merger Suit Deal OK'd, UHC Objection Rejected
An Illinois federal judge has given final approval to a $55 million class settlement, with $23.5 million in legal costs and attorney fees, resolving patient antitrust claims over a NorthShore University HealthSystem merger, all while finding that United Healthcare Services had no standing to object to the deal.
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May 07, 2024
Fla. Schools And Hospitals Fight To Save Opioid Claims
Five public hospital districts and two school districts told a Florida appeals court Tuesday that their claims for damages from the opioid crisis should not be eclipsed by the attorney general's settlements with opioid makers and distributors, arguing that she did not have the authority to bring claims on their behalf.
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May 07, 2024
Steward Health Gets Ch. 11 Loan, Says It Plans Hospital Sales
A Texas bankruptcy judge Tuesday allowed Steward Health Care to take out $75 million in Chapter 11 financing to meet its next-day payroll after being told the hospital chain plans to sell facilities to pay down its $9 billion in debt.
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May 07, 2024
Hospital Can't Force Nurse's Retaliation Suit Into Arbitration
A Texas appellate court said Tuesday that a former nurse does not have to arbitrate claims that she was fired after reporting that a patient slapped her buttock, stating that a recently enacted federal law barring sexual assault-related claims from out-of-court resolutions applies to her case.
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May 07, 2024
9th Circ. Asks Idaho To Define 'Recruit' In Abortion Travel Ban
A Ninth Circuit panel grappled Tuesday with an Idaho law that makes it a criminal offense to help minors travel out of state to receive abortions without parental permission, with one judge struggling to understand what it means to "recruit" a pregnant teen to get an abortion under the law.
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May 07, 2024
Gov't Seeks Early Win In Ga. Medicaid Expansion Suit
The Biden administration is urging a federal judge to take its side in a lawsuit in which Georgia is attempting to keep its Medicaid program for low-income residents running until 2028, arguing that the state never properly asked for a program extension and that the court lacks jurisdiction to extend its end date.
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May 07, 2024
Yale Can View Deposition In Fraudulent Insemination Suit
Entities tied to Yale University can see a transcript of a deposition taken from a retired fertility doctor accused in two court actions of secretly using his own sperm for inseminations in the 1980s, as the school tries to shield itself from possible litigation, a Connecticut judge ruled Tuesday.
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May 07, 2024
Birth Control Cos. Can't Dodge Conn. Injury Suit, Court Told
An Illinois woman who sued after her Filshie Clip birth control device migrated inside of her and "wreaked havoc on her body" has urged a state court not to let the manufacturers of the device and the seller's parent companies dodge her claims.
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May 06, 2024
Hospital Hits Back At Kowalskis' Bid For Sanctions
Johns Hopkins All Children's Hospital urged a Florida court on Friday to reject a sanctions bid by the attorneys for Maya Kowalski — who won a $213 million verdict against the hospital and was the subject of the Netflix documentary "Take Care of Maya" — against the hospital's attorneys, arguing that the request for the court to refer them to the Florida Bar is improper.
Expert Analysis
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Takeaways From Groundbreaking Data Transfer Order
A recent first-of-its-kind executive order and related proposed rulemaking lay the groundwork for important outbound U.S. data protections, but they may have unintended consequences related to the types of data and the subjects within their scope, say attorneys at Kirkland.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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5 Trends To Watch As Value-Based Healthcare Gains Steam
Value-based care has grown and evolved as healthcare providers, payors and policymakers seek to improve patient results while containing costs, and this shift in the industry is expected to accelerate in the near future, say attorneys at Holland & Knight.
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Decline In Same-Industry M&A Tells A Nuanced Policy Story
In light of newly available Hart-Scott-Rodino Act data suggesting that intraindustry mergers are down overall and pharmaceutical and hospital intraindustry transactions tend to face greater antitrust scrutiny than in the past, attorneys at Morgan Lewis explore whether Biden administration enforcement policies may be curbing pro-competitive strategic M&A.
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BIPA's Statutory Exemptions Post-Healthcare Ruling
The Illinois Supreme Court's November opinion in Mosby v. Ingalls Memorial Hospital, which held that the Biometric Information Privacy Act's healthcare exemption also applies when information is collected from healthcare workers, is a major win for healthcare defendants that resolves an important question of statutory interpretation, say attorneys at Quinn Emanuel.
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What Workplace Violence Law Means For Texas Healthcare
While no federal laws address violence against healthcare workers, Texas has recently enacted statutory protections that take effect later this year — so facilities in the state should understand their new obligations under the law, and employers in other states would be wise to take notice as well, say attorneys at Bradley Arant.
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5 Models For Structuring Health Provider-Payor Partnerships
With recent data showing that the U.S. continues to spend more and get less for healthcare services compared to other industrialized nations, providers and payors should consider a variety of partnership structures that can help achieve the so-called triple aim of improving the health of individuals and populations while reducing per capita costs, says John Howard at Thompson Coburn.
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Employers Should Take Surgeon's Sex Bias Suit As A Warning
A Philadelphia federal jury's recent verdict in a sex bias suit over Thomas Jefferson University's inaction on a male plaintiff's sexual harassment complaint is a reminder to employers of all stripes about the importance of consistently applied protocols for handling complaints, say attorneys at Williams & Connolly.
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Business Litigators Have A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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What FTC's 'Killer Acquisition' Theory Means For Pharma Cos.
The Federal Trade Commission's recent lawsuit to block Sanofi's acquisition of a pharmaceutical treatment developed by Maze Therapeutics builds on previous enforcement actions and could indicate the agency's growing willingness to use its so-called killer acquisition theory against perceived attempts to eliminate nascent competition, say attorneys at Morgan Lewis.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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The Road Ahead For Florida's Drug Importation Program
Though the U.S. Food and Drug Administration approved Florida's drug importation program in January, a series of hurdles — including requisite buy-in from Canada — and potential legal challenges must be addressed before importation can begin, say attorneys at Ropes & Gray.
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What Attorneys Need To Know About H-1B Lottery Changes
The newly revamped H-1B lottery process opened Wednesday and promises to bring more fairness to securing highly competitive slots, giving more companies a chance to access highly skilled workers, say Renée Mueller Steinle and Elizabeth Chatham at Stinson.
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Assessing CDC's Revised Guideline On Opioid Prescriptions
Kenneth Weinstein, Nicholas Van Niel and Kate Uthe at Analysis Group look at newly available data to evaluate the impact that the Centers for Disease Control and Prevention's revised opioid monitoring guideline have had on prescription trends in recent years, highlighting both specific and overall decreases.
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Bid Protest Spotlight: Conflict, Latent Ambiguity, Cost Realism
In this month's bid protest roundup, Markus Speidel at MoFo examines a trio of U.S. Government Accountability Office decisions with takeaways about the consequences of a teaming partner's organizational conflict of interest, a solicitation's latent ambiguity and an unreasonable agency cost adjustment.