Health

Expert Analysis

• Surefire Marketing Methods To Build Your Legal Practice

  

  Attorneys who take the time and the risk to showcase their talents through speaking, writing and teaching will find that opportunities will begin building upon themselves, says Daniel Karon of Karon LLC.

• Top 10 Insurance Laws And Regulations Of The Decade

  

  During the last decade, the insurance industry experienced significant and varied forms of new legislation and rules, ranging from the reimagining of health care coverage in the U.S. to regulation of industries that scarcely existed 10 years ago, say attorneys at Locke Lord.

• Setting Boundaries: An Essential Skill For Lawyers

  

  While lawyers may often view boundaries as a restraint on their potential or a sign of weakness, failing to establish good boundaries can have negative consequences for their health, behaviors, relationships and careers, says Jennifer Gibbs at Zelle.

• Opinion

  2nd Circ. Ruling Makes Messy Insider Trading Law Worse

  

  The Second Circuit's misguided decision in U.S. v. Blaszczak represents a radical expansion of insider trading liability with potentially disastrous consequences, says professor Adam Pritchard of the University of Michigan.

• Fraud Claims In NY Breach Of Contract Cases Are Muddled

  

  New York state and federal courts have struggled with allegations of fraud that are pleaded together with regular breach of contract claims, and the recent decision in MVP Health Plan v. Cotiviti has made matters even more confusing, says Edmund O'Toole of Venable.

• Why Noncompete Agreements Are Problematic In Health Care

  

  Noncompete agreements enjoy wide use and regulatory acceptance in the health care industry despite arguably violating anti-kickback and physician self-referral laws, says Mark Johnson of Winstead.

• Expect More Pro-Business Rulings From NLRB This Year

  

  Following many business-friendly decisions from the National Labor Relations Board last year, 2020 is shaping up to be another year of similar rulings on issues like joint employment, protected concerted activity and employer private property rights, say John Bolesta and Keahn Morris at Sheppard Mullin.

• ABA Rules For Departing Attys Set Unprecedented Limits

  

  Groundbreaking rules from the American Bar Association impose new standards on how law firms can govern departing lawyers’ contact with clients, placing major restrictions on this ubiquitous practice, say Amy Richardson and Hilary Gerzhoy at Harris Wiltshire.

• Pro-Employer NLRB Rulings May Prompt Handbook Reviews

  

  Three new National Labor Relations Board rulings that overturn Obama-era pro-worker precedents may indicate that now is a good time for employers to strengthen their workplace policies on nonbusiness email use, investigation confidentiality and union dues, say Charles Caulkins and Garrett Kamen at Fisher Phillips.

• Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

  

  Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

• What To Know Before Enforcing A Nicotine-Free Workplace

  

  U-Haul’s recent policy banning the hire of nicotine users provides an opportunity for employers to consider the potential legal ramifications of such a move and other options for encouraging a healthier workforce, say attorneys at McDermott.

• HIPAA Compliance Lessons From 2019 Enforcement Trends

  

  Although 2019 was a comparatively quiet year for Health Insurance Portability and Accountability Act enforcement, the U.S. Department of Health and Human Services' Office for Civil Rights is still prioritizing the HIPAA security rule and right of access claims, and is not afraid to impose civil money penalties or take action against smaller providers, says Dena Castricone of DNC Law.

• Estimating Antitrust Impact, Damages Via Natural Experiments

  

  Several federal courts have recently accepted the difference-in-differences methodology to estimate antitrust impact and damages via natural experiments, demonstrating the method's validity, says James Nieberding of North Coast Economics.

• Stark Law Uncertainty Follows 3rd Circ.'s UPMC Opinion

  

  The Third Circuit recently amended its September decision in U.S. v. University of Pittsburgh Medical Center, removing a controversial interpretation of the volume-or-value standard under the Stark Law. However, the court's approach is not in line with the Centers for Medicare & Medicaid Services' analysis regarding indirect compensation arrangements, says Karl Thallner of Reed Smith.

• ITC Decision Shows Importance Of Public Interest For Biotech

  

  In its recent Certain Microfluidic Devices decision, the U.S. International Trade Commission allowed patent-infringing products necessary for ongoing research to be imported, highlighting the importance the so-called public interest factors can play in ITC investigations in the biotech context, say Matt Rizzolo and Rachael Bacha of Ropes & Gray.