Health

  • October 15, 2021

    Attys Hope For Clarity With Justices' Interest In Fraud Claims

    Whistleblowers and contractors have struggled for more than a decade with inconsistent standards across the country for bringing forward fraud allegations, but the U.S. Supreme Court's recent interest in a case that appears to overcome deficiencies in previous petitions could bring clarity.

  • October 15, 2021

    Opioid Inquiry Faults Arnold & Porter But Rejects Some Relief

    Arnold & Porter engaged in sanctionable conduct by failing to divulge key documents from Endo Pharmaceuticals before and during a New York opioid trial, but certain requests for harsh discipline aren't warranted, a retired judge wrote in a court-commissioned report released Friday.

  • October 15, 2021

    NJ Dentist Gets $1.4M Verdict Pulled In Suit Over Surgery

    A New Jersey appeals court on Friday undid a $1.4 million verdict in a suit by a woman alleging a dentist botched a tooth extraction and damaged her nerves, finding that the trial court was wrong to exclude or limit testimony from a potential witness and a defense expert in the case. 

  • October 15, 2021

    Teligent's Distributors Balk At Customer Risks In Ch. 11

    An unexpected lawsuit that emerged earlier this year from Insys Therapeutics Inc.'s bankruptcy case in Delaware raised concerns on Friday among Teligent Inc.'s largest pharmaceutical distributors that the bankrupt generic-drug manufacturer could put their customer programs at risk.

  • October 15, 2021

    Theranos' Test Demo Hid Failures From Investors, Jury Told

    A former Theranos senior project manager testified in ex-Theranos CEO Elizabeth Holmes' criminal fraud trial Friday that he gave potential investors tours of the startup's headquarters and helped set up demonstrations using Theranos' blood-testing devices, which were, on at least one occasion, programmed to shield protocol failures.

  • October 15, 2021

    Zydus Infringed AstraZeneca's Diabetes Drug IP, Judge Rules

    A Delaware federal judge held Friday that Zydus Pharmaceuticals infringed an AstraZeneca patent for a diabetes drug, saying Zydus failed during a four-day bench trial to prove that any of the asserted claims were obvious.

  • October 15, 2021

    NY Counties Sound Alarm Over Doctor As Opioid Trial Witness

    Two Long Island counties on Thursday told the New York state judge overseeing the state's opioid trial they're concerned that Teva wants to call a county legislator and doctor facing criminal charges, saying they're skeptical he will be able to give any relevant testimony.

  • October 15, 2021

    Nursing Home Chain Gets OK For $25M In Ch. 11 Financing

    A Delaware bankruptcy judge said she will sign off on a nursing home chain's $25 million Chapter 11 financing package from its primary landlord as buyers are sought for the company's 28 facilities in three states.

  • October 15, 2021

    Biden Officials Say Tracking Is Key To Enviro Justice Efforts

    The Biden administration is working on ways to keep track of its progress on environmental justice objectives, including through a scorecard for the various arms of the federal government, senior officials said Friday.

  • October 15, 2021

    Imminent NFL Race-Norming Deal To Be Sealed, For Now

    The anticipated agreement on how to remove controversial use of race-based norms from the NFL concussion settlement is nearing finalization, but it will be kept under seal, at least for now, a Pennsylvania federal judge ruled Friday after a request from the league, concussion class counsel Chris Seeger of Seeger Weiss LLP and attorneys for two Black former players.

  • October 15, 2021

    Ill. Death Suit Not Doomed By Late Expert Disclosure

    An Illinois appeals court has given a widower another chance at a wrongful death suit stemming from the death of his wife after knee replacement surgery, finding that the trial court was wrong to dismiss the suit entirely after he missed a deadline to disclose expert witnesses.

  • October 15, 2021

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

    This past week in London has seen another Italian region in a lawsuit over derivatives contracts, the U.K.'s high-speed railway project facing a fresh legal challenge, and a British chain of discount retail stores suing Shoosmiths. Here, Law360 looks at those and other new claims in the U.K.

  • October 15, 2021

    Resistance To J&J's Bankruptcy Gambit May Be Futile

    Attorneys for talc plaintiffs with claims against Johnson & Johnson are determined to challenge the company's legally gray strategy of saddling a bankrupt subsidiary with its billions in talc liability, but experts say that battle will likely be an uphill one.

  • October 15, 2021

    DOJ Unveils 3 Settlements, $20M Neuro-Stimulator Fraud Suit

    The U.S. Attorney's Office for the Eastern District of Pennsylvania has announced three False Claims Act settlements worth a combined $1.35 million and a new complaint against a Kansas chiropractor and his company as part of a national investigation into schemes to improperly bill the U.S. government for electro-acupuncture devices.

  • October 15, 2021

    Nimbus, Bristol-Myers Can't Sell Psoriasis Drug Amid Dispute

    A New York federal court is blocking the sale of a psoriasis treatment under development by Nimbus Therapeutics LLC until after a dispute plays out with Bristol-Myers Squibb Co. over purchase rights for the drug candidate.

  • October 15, 2021

    Health Care Co. Hit With Stock-Drop Suit Over Medicare Freeze

    An investor in health care delivery platform InnovAge Holding Corp. has filed a proposed securities class action alleging the company lied about its business and operations in its initial public offering, which in turn led its stock price to fall when new enrollment at one of its hospitals was banned by the Centers for Medicare and Medicaid Services.

  • October 15, 2021

    5 SPACs Hit Public Markets For $875M Total

    Five special-purpose acquisition vehicles, steered by nine law firms, went public Friday after raising $875 million combined in initial public offerings, aiming to target companies for mergers in industries including technology, health care and cannabis.

  • October 15, 2021

    Counsel Sanctioned In Newark Health Dept. Bias Suit

    An attorney representing a health inspector of Haitian descent in a national origin and retaliation bias suit against the Newark health department was ordered by a New Jersey federal judge on Thursday to reimburse the defendants for legal fees and costs incurred through the litigation.

  • October 15, 2021

    Nelson Mullins Adds 2 Morris Manning Health Care Attys

    Nelson Mullins Riley & Scarborough LLP has snagged two Morris Manning & Martin LLP health care regulatory attorneys for its Georgia office.

  • October 15, 2021

    Health Hires: Orrick, Sheppard Mullin

    Orrick Herrington & Sutcliffe LLP has added an attorney experienced in the health care and life sciences realm from Squire Patton Boggs LLP, while Sheppard Mullin Richter & Hampton LLP has boosted its health care industry team with an addition from Benesch Friedlander Coplan & Aronoff LLP, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.

  • October 15, 2021

    Microsoft, Insurer Escape Addiction Treatment Coverage Suit

    A Seattle federal court dismissed a lawsuit alleging Microsoft and a Blue Cross Blue Shield affiliate unlawfully failed to cover the cost of an employee's daughter's inpatient mental health and substance abuse treatment, saying the tech company's health plan had discretion to decide what care was necessary.

  • October 15, 2021

    Convicted Insys Founder Seeks Deep Cut To Restitution

    The convicted founder of Insys Therapeutics Inc. on Thursday asked a Boston federal judge to cut $24 million from what he owes victims, saying the First Circuit's instructions after overturning the initial restitution sum requires a new number more closely tailored to the alleged fraud.

  • October 15, 2021

    Mallinckrodt Ch.11 Plan Under Fire From Multiple Angles

    The drugmaker Mallinckrodt is facing more than a dozen objections to its proposed reorganization plan as it heads for a confirmation hearing in a Delaware bankruptcy court in just over two weeks, on grounds ranging from liability releases to insurance claims to bond terms.

  • October 15, 2021

    FDA Panel Backs J&J COVID Booster For Ages 18 And Up

    A U.S. Food and Drug Administration advisory panel recommended Friday for the agency to approve emergency use of booster shots for Johnson & Johnson's COVID-19 vaccine for adults 18 years and older.

  • October 14, 2021

    Texas Justices Block School District's Vax Mandate

    The Texas Supreme Court stayed the enforcement of San Antonio Independent School District's employee COVID-19 vaccine mandate, which was slated to go into effect Friday, deciding Thursday to maintain the status quo while an appellate court considers the state's challenge to the mandate.

Expert Analysis

  • Compliance Tips For Marketing Health Benefits In Alcohol

    Author Photo

    When it comes to marketing alcohol products around health benefits, such as vitamin-fortified hard seltzer, accurately understanding product classification, along with regulators' stance on individual beverage claims, will make it easier to avoid regulatory risk, say attorneys at DLA Piper.

  • Tax-Exempt Orgs, Beware This 403(b) Plan Compliance Pitfall

    Author Photo

    A recent Internal Revenue Service publication puts 403(b) retirement plan sponsors on notice about a contribution aggregation compliance failure often identified in audits of government and tax-exempt entities, but risk can be minimized by ensuring plan documents and communications address the issue directly, say Greg Needles and Michael Gorman at Morgan Lewis.

  • Nursing Homes May See Litigation Spike After 7th Circ. Ruling

    Author Photo

    The Seventh Circuit’s recent Federal Nursing Home Reform Act ruling in Talevski v. Health and Hospital Corp. opens skilled nursing facilities to federal litigation from private plaintiffs and could require exhaustion of administrative remedies before invoking state or federal court jurisdiction, say Randall Fearnow and Edward Holloran at Quarles & Brady.

  • Girardi Scandal Provides Important Ethics Lessons

    Author Photo

    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • How Health Care Cos. Can Untangle Web Of Vaccine Mandates

    Author Photo

    While health care companies anxiously await further guidance from various federal agencies on overlapping COVID-19 vaccine mandates, there are several steps industry employers can take to tackle the compliance conundrum and prepare for accommodation requests, staffing shortages and other likely challenges, say attorneys at K&L Gates.

  • Takeaways From DC Circ. Medicare Overpayment Ruling

    Author Photo

    The D.C. Circuit's recent decision in UnitedHealth v. Becerra, reinstating a rule that requires Medicare Advantage organizations to refund certain overpayments, is a near-complete victory for the Centers for Medicare & Medicaid Services, but arguably abandons the rule's negligence standard, say attorneys at Ropes & Gray.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

    Author Photo

    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • Corporate Boards' Role In Workplace Vaccine Mandates

    Author Photo

    Company boards may have a role to play in workplace COVID-19 vaccination mandates, given their duty to manage risks and the growing recognition of employees’ importance to the corporate mission — and effective oversight is key to ensuring a vaccine program doesn't introduce new issues, says Jen Rubin at Mintz.

  • Opinion

    Bankruptcy Venue Reform Bill Needs Amending

    Author Photo

    The Bankruptcy Venue Reform Act, currently pending in Congress, goes too far in limiting Chapter 11 filings to jurisdictions where a debtor's principal assets or headquarters are located; we propose a more targeted solution that considers the current reality of complex corporate structures, say Kenneth Rosen and Philip Gross at Lowenstein Sandler.

  • 3 Ways CLOs Can Drive ESG Efforts

    Author Photo

    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • Qui Tam Order Shows Concern Over FCA Plaintiffs' Leverage

    Author Photo

    In Jehl v. GGNSC Southaven, a Mississippi federal court's recent decision to sidestep the question of False Claims Act liability in a health care fraud case questions the fairness and appropriateness of the significant leverage provided to plaintiffs in FCA qui tam actions, say Jack Selden and Kya Henley at Bradley Arant.

  • 2 Cases Will Help Shape Opioid Litigation Insurance Coverage

    Author Photo

    Upcoming decisions from the Ohio and Delaware high courts in Acuity v. Masters Pharmaceutical and Rite Aid Corp. v. ACE American Insurance, respectively, on whether insurers must defend policyholders in prescription opioid litigation filed by government entities are sure to provide precedent for resolution of these coverage issues nationwide, say Courtney Horrigan and Kateri Persinger at Reed Smith.

  • How To Navigate California's New Intrastate CBD Route

    Author Photo

    Businesses and consumers should prepare for rigorous compliance checks on manufacture, distribution and retail sale of consumer products made with CBD and other hemp-derived cannabinoids. following California's new law opening the potentially enormous market for these items, says Christian Foote at Clark Hill.

  • Why The Future Of Telehealth Parity Remains Murky

    Author Photo

    Though the federal government, states and private insurers have united during the pandemic in recognizing the value of expanding telehealth access, there is no consensus on the merits of long-term telehealth parity, say Adriana Riviere-Badell and Alexandria Swette at Kobre & Kim.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

    Author Photo

    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

Want to publish in Law360?


Submit an idea
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!