Health

Expert Analysis

• 3 Lessons From A Crypto Mock Trial

  

  We recently hatched a plan to test whether litigators could get blockchain ledger entries into evidence under the existing Federal Rules of Evidence, and we found a federal judge willing to help us, say attorneys Justin Steffen, Andrew Hinkes, Lisa Braganca, Christopher Veatch, Kashan Pathan and Jimmie Zhang.

• Arizona High Court Puts Stengel Claims In Doubt

  

  In its recent rejection of the Ninth Circuit’s key 2013 holding in Stengel v. Medtronic, the Arizona Supreme Court gave new hope to defendants arguing that state law failure-to-warn claims are preempted by the Medical Device Amendments to the Food, Drug, and Cosmetic Act, say Colleen McElroy and Brendan Krasinski of DLA Piper LLP.

• HHS Sets Out To Tackle Health Info Access And Exchanges

  

  If finalized, two recently proposed rules from the U.S. Department of Health and Human Services would clarify interoperability and information blocking under the 21st Century Cures Act and create significant new requirements for the health care industry, say Christine Moundas and Josiah Irvin of Ropes & Gray LLP.

• HHS Is Embracing A Broader Vision Of Health Care

  

  In the last month, divisions of the U.S. Department of Health and Human Services have taken three separate actions that collectively reflect continuing interest in facilitating high-value care delivery that goes far beyond traditional models, say attorneys at Ropes & Gray LLP.

• Explainability: Where AI And Liability Meet

  

  There is a commercial imperative to illuminate the mystery of artificial intelligence. Doctors are hard-pressed to rely on machine recommendations that contradict their own medical judgment without a clear explanation, and banks cannot rely on lending algorithms that may be discriminating against classes of borrowers through hidden variables, says Danny Tobey of DLA Piper LLP.

• Q&A

  A Chat With McDermott COO John Yoshimura

  

  In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature John Yoshimura, chief operating officer at McDermott Will & Emery LLP.

• FCA Settlement Data Shows Need For Comprehensive Reform

  

  False Claims Act settlement data raises substantial questions about inconsistent application of cooperation credit by U.S. attorneys' offices across the country, meaning guidance and transparency are needed to avoid undermining the government’s goal of incentivizing business compliance, says Jacob T. Elberg, a professor at Seton Hall Law School.

• Opinion

  The Problem With 'Optimal' Diversity

  

  Organizations should seek to avoid discrimination, but they should also be wary of the idea that diverse teams function better than nondiverse teams, because this reasoning lacks evidence and can lead to a slippery slope, says J.B. Heaton of J.B. Heaton Research LLC.

• An Important Class Issue The High Court Left Unresolved

  

  In Campbell-Ewald v. Gomez, the U.S. Supreme Court left unanswered the question of whether a class plaintiff’s claim is rendered moot if complete relief is provided. If a recent Second Circuit case — Geismann v. ZocDoc — is appealed, the Supreme Court could provide needed clarity, say attorneys at Drinker Biddle & Reath LLP.

• State Net

  States May Take The Lead On Regulating AI

  

  While artificial intelligence promises to revolutionize the way we live and work, there has been relatively little government regulation targeting it specifically. But legislation referring to AI is currently pending in at least 13 states, and more may be on the way, says Korey Clark of State Net Capitol Journal.