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Health

  • February 22, 2019

    HHS Puts Abortion 'Gag Rule' On Family Planning Funds

    The U.S. Department of Health and Human Services on Friday issued what critics have dubbed a “gag rule” barring health care providers from giving abortion referrals if they get funding from a federal program meant to boost low-income communities’ access to family planning services.

  • February 22, 2019

    Prosecutor Stresses Timeline At $1B Health Care Fraud Trial

    Millions in cash payments that a government witness said he delivered to Miami nursing home owner Philip Esformes over more than a decade were not captured in undercover recordings the witness made because they ended before he started cooperating with authorities, prosecutors sought to clarify at Esformes' $1 billion health care fraud trial Friday.

  • February 22, 2019

    Lawmakers Eye Biosimilar-Delay Deals, But None Are Here Yet

    Pay-for-delay deals staving off generic competition have become a favorite target for lawmakers eager to be seen combating soaring pharmaceutical costs and for antitrust enforcers who believe consumers are hurt when drug companies agree to postpone the introduction of generics. Promoting such competition for biological therapies may be next on Washington's list.

  • February 22, 2019

    Generics Cos. Say No Grand Conspiracy In Price-Fixing MDL

    More than two dozen generic-drug companies have asked a Pennsylvania federal court to carve out allegations of an "overarching conspiracy" from sprawling multidistrict litigation brought by state attorneys general and private plaintiffs, arguing the price-fixing allegations fall short of asserting a single industrywide scheme.

  • February 22, 2019

    $31M Kidney Injury Award Is Too High, Gov't Tells 7th Circ.

    The federal government asked the Seventh Circuit on Thursday to vacate or reduce a $31 million bench verdict in a suit accusing a federally funded clinic of causing a patient's kidney failure, saying the nature of the patient’s injuries didn’t justify the “extraordinarily high” award.

  • February 22, 2019

    Facebook To Face NY Probe After Report On Privacy Practices

    Facebook on Friday came under fire once again for allegedly mishandling users’ information, when New York Gov. Andrew Cuomo announced a multi-agency probe of the social media giant following a report that found it collected sensitive personal data from a number of smartphone applications.

  • February 22, 2019

    Hospital Staff Union Passes By 1 Vote After Ballot Dispute

    Hundreds of workers at an Oregon hospital are poised to unionize by a single vote after a National Labor Relations Board judge said Thursday that one challenged ballot should be counted as a vote for organizing, and another should be counted as against.

  • February 22, 2019

    Texas Pharma Sales Rep Pleads Guilty To $8M Fraud

    A former pharmaceutical sales representative has pled guilty for her role in what prosecutors say is an $8 million health care fraud scheme in which she personally pocketed more than $1 million.

  • February 22, 2019

    Anthem-Cigna Trial To Weigh ‘Best Efforts’ On Failed Deal

    In a trial likely to turn heavily on the words "best efforts" and claims of subterfuge, insurance giants Anthem Inc. and Cigna Corp. will square off in Delaware's Chancery Court Monday over a $54 billion merger that came unglued in 2017, with as much as $20.5 billion in damages hanging in the balance.

  • February 22, 2019

    Calif. Medical Board Can’t Get Patient Records, Panel Says

    The Medical Board of California doesn't have good enough reason to subpoena medical records for five patients of a Beverly Hills doctor being investigated for his prescribing habits, a California state appeals court ruled Thursday.

  • February 22, 2019

    Maryland Hospital Co. Can't Dodge FCA Suit

    An Illinois federal judge on Friday refused to let Maryland-based MedStar Health Inc. off the hook from a False Claims Act suit launched by a former employee who claimed the health care system billed federal insurance programs for unnecessary inpatient admissions.

  • February 22, 2019

    Novartis, Express Scripts Beat Kickback Suit Over Discounts

    Novartis Pharmaceuticals Corp. and Express Scripts Inc. have escaped a suit alleging they engaged in a kickback scheme after a New Jersey federal judge found that a former Novartis employee failed to back up his claims that the company illegally provided commercial discounts on multiple sclerosis drug Gilenya in exchange for Medicare Part D business.

  • February 22, 2019

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a fashion designer and Icelandic bank take on HMRC, a fund manager sue a payments processor rattled by allegations of fraud and a host of shipping insurance providers and food companies file suit against cargo giant Maersk. Here, Law360 looks at those and other new claims in the U.K.

  • February 22, 2019

    4th Circ. OKs Nix Of Ex-Hopkins Nurse's Suits As Sanction

    The Fourth Circuit on Friday signed off on sanctions ending a series of whistleblower and bias suits alleging Johns Hopkins University unfairly fired a nurse, accusing the nurse of shady legal tactics rendering "virtually useless five years of proceedings before the district court."

  • February 22, 2019

    FDA Focus: What Sidley Austin's Practice Chair Is Watching

    Becky Wood, co-chair of the U.S. Food and Drug Administration practice at Sidley Austin LLP and former chief counsel of the FDA, tells Law360 she's tracking U.S. Supreme Court action on drug and device safety, eyeing new approaches to product approvals and fretting about political impacts on FDA recruiting.

  • February 22, 2019

    Insys Rode 'The Gray Line' To Mislead Insurers, Exec Says

    Insys Therapeutics Inc. routinely lied to insurance companies, training employees to "ride the gray line" between truth and fiction in order to get expensive fentanyl prescriptions covered, a former manager testified Friday in Boston federal court during a trial for company brass accused of bribing doctors to prescribe the drug.

  • February 22, 2019

    ERISA Suit Over Benefits Formula Falls Flat, MetLife Says

    Metropolitan Life Insurance Co. has urged a New York federal judge to toss a case alleging its method for calculating certain retirement benefits violated the Employee Retirement Income Security Act, arguing that the retirees didn’t explain what was wrong with MetLife's methodology.

  • February 22, 2019

    US Scientists Belong On Cancer Patents, Judge Hears

    The success of a lawsuit to add two American scientists to patents for Nobel Prize-winning cancer research will hinge on establishing that the pair’s research was significant to the ultimate invention, the Boston federal judge overseeing the case indicated Friday at closing arguments in an eight-day bench trial.

  • February 22, 2019

    WuXi Accused Of Shorting Investors In Go-Private Deal

    A putative class of investors alleged in New York federal court on Thursday that pharmaceutical research and development company WuXi PharmaTech kept them in the dark about plans to spin off subsidiaries following a $3.6 billion merger that took the company private.

  • February 22, 2019

    Health Hires: DLA Piper, Baker McKenzie, Taft, Buchalter

    DLA Piper nabbed a new life sciences patent strategy group leader from Venable LLP and Baker McKenzie brought on a former Morgan Lewis & Bockius LLP attorney to lead its life sciences group, marking two of the latest shake-ups in firms' health and life sciences practices.

Expert Analysis

  • 3 Lessons From A Crypto Mock Trial

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.