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Health

  • June 20, 2019

    BREAKING: Justices Won't Revive Doctrine Curbing Executive Power

    The Supreme Court refused to strike down a sex offender law Thursday that gives the U.S. attorney general broad discretion over how it should be enforced, declining to revive a legal doctrine that experts said could vastly diminish the power of the executive branch.

  • June 19, 2019

    J&J Exec Defends Group Okla. Witness Called 'Opioid Mafia'

    A Johnson & Johnson executive in Wednesday testimony defended the company's participation in an advocacy group that has been called the "opioid mafia" by a witness for Oklahoma in the trial seeking to hold the drugmaker liable for the opioid crisis, denying that it was a "covert" lobbying operation seeking to influence pain medication policy.

  • June 19, 2019

    McKesson Lands Seat On Insys Creditors Committee

    Drug distributor McKesson, which has also drawn accusations it helped fuel the nation's opioid crisis, was among those named Wednesday to the official committee of unsecured creditors in Insys Therapeutics Inc.'s Chapter 11, along with individuals who have filed opioid-related suits and health industry representatives.

  • June 19, 2019

    Promise Healthcare Creditors Slam $10M Ch. 11 Deal Trim

    Unsecured creditors of bankrupt Promise Healthcare Group LLC on Wednesday blasted a debtor proposal to chop $10 million from a two-hospital sale agreement repeatedly breached by the prospective buyer, saying deal salvage terms would harm the Delaware Chapter 11 estate.

  • June 19, 2019

    NLRB Nixes Arbitration Pact That Curbs Board Access

    The National Labor Relations Board cut down a California hospital's arbitration agreement on Tuesday, saying it unlawfully restricted workers' ability to avail themselves of the agency's legal processes.

  • June 19, 2019

    Deals Rumor Mill: Slack, KKR, GlaxoSmithKline

    The reference price for Slack Technologies’ initial public offering is set at $26 per share, KKR is getting ready to sell part of its stake in Weststar Aviation Services, and GlaxoSmithKline has launched an effort to sell some of its consumer health brands.

  • June 19, 2019

    Ill. Health Care Co. Exec Pleads Guilty To Medicare Fraud

    The president of a health care company admitted to an Illinois federal judge Wednesday that he is guilty of billing the government for Medicare-covered services that some of his patients did not need.

  • June 19, 2019

    FCC Charts Next Steps Toward $100M Telemedicine Program

    The Federal Communications Commission will take the next step toward establishing a telehealth funding program when it votes in July to ask more targeted questions about how a $100 million pilot initiative to connect patients and doctors via the internet could be structured, the agency said Wednesday.

  • June 19, 2019

    Gov't Had No Role In Ex-Tribal Worker's Firing, Feds Say

    A U.S. attorney urged a Washington federal judge to throw out a former tribal health executive's suit against the government alleging three Sauk-Suiattle Indian Tribe officials illegally fired him for whistleblowing about unlawful practices, asserting that the government has no control over employment decisions at the tribally owned health clinic.

  • June 19, 2019

    Fed. Circ. 'Garbled' Halo Ruling, Zimmer Tells High Court

    The Federal Circuit has "profoundly misinterpreted" and overreacted to a U.S. Supreme Court decision that made it easier to win enhanced damages in patent cases, Zimmer Inc. said this week, urging the justices to review its $254 million loss in a case over surgical tools.

  • June 19, 2019

    Colo. AG Deal Spares FTC 2-2 Split On UnitedHealth Merger

    The Federal Trade Commission nearly deadlocked Wednesday on a deal that cleared UnitedHealth Group health services subsidiary Optum’s $4.3 billion purchase of DaVita’s independent medical clinic operator, with the logjam cleared only because of a separate deal between the companies and Colorado’s attorney general.

  • June 19, 2019

    Chamber Fights 'Devastating' Association Health Plan Ruling

    The U.S. Chamber of Commerce has urged the D.C. Circuit to breathe new life into a Trump administration rule that made it easier for small businesses to join together to create health plans that aren't subject to certain Affordable Care Act requirements.

  • June 19, 2019

    3rd Circ. Won't Revive Ex-Medco Exec's FCA Kickback Suit

    The Third Circuit has refused to revive a former Medco Health Solutions Inc. executive's False Claims Act kickback suit over allegedly secret drug discounts, agreeing with a lower court that he didn't show he was the original source of the information he based his claims on.

  • June 19, 2019

    Doc Preserves Trial Win Over Failed Cancer Diagnosis Claims

    A North Carolina appeals court said Tuesday that a doctor was rightly freed from fraud claims in a trial over the failure to diagnose a man's leukemia, saying there was a complete lack of evidence for those claims.

  • June 18, 2019

    TridentUSA Ch. 11 Plan Slammed For Risking 'Repeat Failure'

    Health care provider TridentUSA's Chapter 11 plan is facing challenges from the U.S. Trustee Office and the company's unsecured creditors, who said the plan's liability releases are too broad and that it would leave the company primed for a return to bankruptcy.

  • June 18, 2019

    Pa. Justices Allow Surgery Risk Evidence In Med Mal Cases

    The Pennsylvania Supreme Court ruled Tuesday that evidence regarding the risks of a surgery can be admissible in medical malpractice cases, reasoning that although there is a potential for such evidence to mislead a jury, excluding it would be even more unfair.

  • June 18, 2019

    Full Caster Semenya Decision Shows CAS Panel Struggle

    The Court of Arbitration for Sport on Tuesday released its full reasoning from a decision announced last month to uphold controversial rules limiting the level of testosterone female athletes can have to compete in certain track events, revealing that the panel found the preponderance of scientific evidence backed the rules despite serious questions. 

  • June 18, 2019

    Okla. Opioid Deaths Have Familiar Face, J&J Trial Judge Hears

    Oklahoma's chief medical examiner testified Tuesday in the landmark opioid trial against Johnson & Johnson that fentanyl has proven such an effective and familiar killer in the state that he now calls the posture that many victims die in "the fentanyl nod."

  • June 18, 2019

    Doc's Dropped Defect Defense Sank Med Mal Case, Panel Told

    What the family of a woman who underwent a fatally botched brain aneurysm repair thought was a "can't lose" medical malpractice case was unfairly hobbled when the doctor accused of negligence suddenly dropped his defense blaming a defective medical device, a Superior Court of Pennsylvania panel heard Tuesday.

  • June 18, 2019

    Pa. Justices Set New Work Product Rule In Defamation Case

    The Pennsylvania Supreme Court said Tuesday that emails a hospital's attorney sent to a public relations consultant are not protected by attorney-client privilege in a doctor's defamation suit, but the justices created a new rule regarding the so-called work product doctrine that they said could apply in this situation.

  • June 18, 2019

    Swift Ruling Vowed On Rule Requiring Drug Prices In TV Ads

    A D.C. federal judge is expected to decide in less than three weeks — a blazingly quick turnaround — on whether to block a new U.S. Department of Health and Human Services rule requiring drug prices in TV ads as the regulation’s effective date looms.

  • June 18, 2019

    Ex-CVS Exec's Move To Amazon Pharmacy Barred By Judge

    A Rhode Island federal judge scolded a former executive of CVS’ drug middleman service Tuesday for jumping ship to Amazon’s mail-order drug unit, saying the move violated his noncompete agreement with the pharmaceutical giant.

  • June 18, 2019

    COPA Hospital Mergers Take Heat From FTC, State Regulators

    The head of the Federal Trade Commission said Tuesday he’s skeptical of the Certificates of Public Advantage programs, state mechanisms that let local hospital mergers move forward without federal oversight, garnering support from two state antitrust regulators at an agency workshop who agreed the process can be abused. 

  • June 18, 2019

    Debt Collection Co. Files Ch. 11 After Health Data Breach

    The parent company of a billing collections firm that has been blamed for a breach that exposed personal data from 11.9 million Quest Diagnostics Inc. patients has filed for Chapter 11 protection in New York bankruptcy court, citing the consequences of the breach.

  • June 18, 2019

    Asacol Buyers Say Product-Hopping Suit Requires Trial

    Buyers of Allergan's ulcerative colitis drugs have told a Massachusetts federal court that they were coerced into paying for higher-priced medication when the company blocked a generic drug from the market, which they say is enough to push their antitrust case to trial.

Expert Analysis

  • An Ethics And Compliance Punch List For Gov't Contractors

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    The U.S. Department of Justice recently reiterated that it will not tolerate government contractors that lack a required business and ethics compliance program. With consequences so high, now is the time for companies that have fallen behind to catch up, say Robert Tompkins and Rodney Perry at Holland & Knight.

  • Key Differences In Nev. And Calif. Data Privacy Laws

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    Nevada’s recently enacted Senate Bill 220 gives state residents a broad right to opt out of the sale of their personal information. Companies currently preparing for the California Consumer Privacy Act cannot assume that CCPA compliance equates to compliance with S.B. 220, say Sadia Mirza and Yanni Lin at Troutman Sanders.

  • A Look At China's New Cybersecurity Guidance

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    Businesses providing services over the internet are likely to face continued challenges to comply with the expanding implementation of China's cybersecurity law, especially with respect to broadening definitions of personal information holders under new guidance, say Xiaoyan Zhang and Vincent James Barbuto of Reed Smith.

  • How Purdue Opioid Win Could Bolster J&J In Okla. Trial

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    North Dakota's consumer fraud and public nuisance claims against opioid manufacturer Purdue Pharma were recently dismissed by a state court. The decision provides a framework for opioid defendants to challenge similar allegations in other jurisdictions, and may prove timely for Johnson & Johnson in its current Oklahoma trial, says Cameron Turner of Segal McCambridge.

  • Government Contractor Compliance: 1 Size Can’t Fit All

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    Contractors that do business with federal, state and local government entities face an interesting — and intensifying — predicament: How to develop a comprehensive yet straightforward compliance program that satisfies varying laws in varying jurisdictions, say Jeniffer Roberts and Katherine Veeder at Alston & Bird.

  • 5 Ways Law Firms Can Improve Their Job Interviews

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    When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

  • Employer Options For White Collar Contractors After Dynamex

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    Though multiple worker classification questions still swirl around the California Supreme Court's Dynamex decision, many have wondered what it means for white collar independent contractors. The law is still murky on this point, but there are several steps that might help hiring companies rebut a misclassification claim, say Raymond Bertrand and James de Haan at Paul Hastings.

  • State Net

    State Efforts To Rein In Drug Costs Have Mixed Success

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    Reducing the soaring costs of commonly used prescription drugs has become a political priority in the nation’s statehouses. But thus far, states have done better at increasing transparency around drug pricing than at actually lowering prices, says Lou Cannon of State Net Capitol Journal.

  • How To Streamline Virtual Law Team Mass Tort Defense

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    A primary benefit of the virtual law team in mass tort litigation is creative collaboration. A "company case" approach is essential to breaking down the silos between team members, say attorneys at FaegreBD and Reed Smith.

  • Opinion

    Calif. 'Surprise Billing' Law Could Jeopardize Access To Care

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    Currently pending legislation in California, aiming to prevent patients from receiving surprise bills from out-of-network hospitals, could jeopardize the financial viability of hospitals while benefiting insurance companies that are already very profitable, say Daron Tooch of King & Spalding and Chris Fritz and Michael Heil of HealthWorks.

  • What's Ahead For LGBTQ Rights Legislation

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    The U.S. House of Representatives recently passed the Equality Act to amend various civil rights laws for explicit inclusion of sexual orientation and gender identity as protected characteristics. However, critics have raised several concerns and the bill faces tougher odds in the Senate, say Jason Brown and Robert Quackenboss at Hunton.

  • The SEC Is Cracking Down On Insider Trading By Lawyers

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    A recent series of actions brought by the U.S. Securities and Exchange Commission suggests that insider trading by lawyers may be on the rise. Legal departments and law firms should understand the four types of cases the SEC is pursuing in this area, says Daniel Hawke of Arnold & Porter.

  • Series

    Why I Became A Lawyer: A Fateful Phone Call

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    When I was growing up, my mother was always the more mild-mannered parent. But during a trans-Atlantic phone call in 1991, when I told her I wanted to go to culinary school instead of law school, she started yelling — at a volume I had never heard from her, says Jason Brookner of Gray Reed.

  • Law Firms Can Do Better With Their Mentoring Programs

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    There are a few practical, proactive steps law firms can take to create a mentoring program that pays dividends — instead of creating a mediocre program that both parties see as an obligation, says Kate Sheikh of Major Lindsey & Africa.

  • IP's Developing Role In Cannabis Business Strategy

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    Several recent cannabis-related legal developments suggest that properly secured, federally protected intellectual property is both available and enforceable for the industry, say attorneys at Sterne Kessler.