Health

  • January 28, 2020

    Health Care Group Of The Year: Ropes & Gray

    Ropes & Gray LLP attorneys have helped guide a number of health care-related deals over the past year, including working on a merger of two giant New England health insurers, earning its health care lawyers a spot among Law360's 2019 Health Care Groups of the Year.

  • January 28, 2020

    Insys Exec Can't Delay 33-Month Prison Sentence, Gov't Says

    Prosecutors urged a Massachusetts federal judge on Monday to reject a bid by former Insys Therapeutics Inc. executive Michael J. Gurry to pause his 33-month prison sentence over his role in an opioid bribery scheme in order to await the outcome of his appeal, saying a delay is unwarranted.

  • January 28, 2020

    Harvard Chem Chair Charged With Lying About China Ties

    The chair of Harvard University's chemistry department lied to the U.S. Department of Defense about his ties to a Chinese university, according to a criminal complaint unsealed Tuesday in Massachusetts federal court.

  • January 27, 2020

    DOJ Details Allscripts Unit's 'Abhorrent' Opioid Kickback Plot

    A unit of the electronic health records giant Allscripts Healthcare Solutions Inc. engaged in an "abhorrent" scheme to help an opioid company push the dangerous drugs on patients who may not have needed them, according court filings by the U.S. Department of Justice on Monday.

  • January 27, 2020

    Insys Doc Who Lied About Ex-Colleagues Gets Nearly 5 Years

    A Manhattan federal judge hit a New York City anesthesiologist with almost five years in prison Monday for taking kickbacks from Insys Inc., sharply criticizing the defendant for fraudulently impugning former medical community colleagues online after his arrest and termination from Mount Sinai Medical Center.

  • January 27, 2020

    Health Hires: Latham, Husch Blackwell, Verrill Dana

    Latham & Watkins LLP nabbed an intellectual property litigator from Williams & Connolly LLP who represented Eli Lilly & Co. in a high-profile case over a patent for a lung cancer treatment, Husch Blackwell beefed up its health care group by adding a dozen attorneys, and Eli Lilly has hired a new general counsel, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.

  • January 27, 2020

    3rd-Party Funding Of FCA Cases Comes Under DOJ Scrutiny

    A deputy associate attorney general said in a keynote address Monday that the U.S. Department of Justice is looking into litigation funding in the context of False Claims Act cases, saying that the department does not currently know how frequently third-party backers are funding such cases.

  • January 27, 2020

    Allergan Divests To Get FTC Greenlight For $63B AbbVie Deal

    Allergan will sell off two of its medications in the hopes of swaying U.S. and European regulators to greenlight its plan to be bought out by AbbVie for $63 billion, the pharmaceutical giant revealed Monday.

  • January 27, 2020

    Nurse Staffing Co. Inks $3.2M Settlement To End OT Suit

    Advantage RN LLC has agreed to pony up $3.2 million to settle a class action accusing the nurse staffing company of shorting workers on overtime by using a calculation that doesn’t take certain stipends and bonuses into account.

  • January 27, 2020

    Pharmacies Can't Escape Public Nuisance In Opioid MDL

    An Ohio federal judge on Monday refused attempts by Rite Aid, Walmart and others to dismiss claims alleging that their failure to stop opioids from being diverted for illicit purposes created a public nuisance, saying that counties had shown evidence to back the allegations.

  • January 27, 2020

    UPMC Accused Of Giving Private Patient Info To Advertisers

    The University of Pittsburgh Medical Center improperly shared personal and medical information from its website's users with third-party advertisers and analytics firms, according to a proposed class action filed Friday in Pennsylvania state court.

  • January 27, 2020

    Drug Developer PPD Targets $1.53B For Public Debut

    Private equity-backed drug developer PPD Inc. said Monday it's targeting roughly $1.53 billion at midpoint for its upcoming initial public offering, which is steered by Simpson Thacher and sees Latham & Watkins advising the underwriters.

  • January 27, 2020

    Pharma Cos. Push 9th Circ. To Pause Calif. Pay-For-Delay Law

    A group of pharmaceutical companies challenging a new California law banning most pay-for-delay settlements between generic and branded drugmakers urged the Ninth Circuit to pause the ban's implementation, saying the measure clashes with court precedent and would subject them to lengthy patent litigation.

  • January 27, 2020

    'Pharma Bro' Accused Of Monopolizing Life-Saving Drug

    The Federal Trade Commission and New York's attorney general on Monday sued Martin Shkreli and a company he founded for allegedly monopolizing the market for a drug used to treat potentially fatal parasitic infections and dramatically hiking its price.

  • January 27, 2020

    Health Care Group Of The Year: King & Spalding

    King & Spalding LLP has deftly handled precedent-setting cases, including the American Clinical Laboratory Association's challenge to the implementation of a Medicare statute and Prime Healthcare's defense against allegations it submitted false claims, landing it among Law360's 2019 Health Care Groups of the Year. 

  • January 27, 2020

    Partners Healthcare Must Face Trimmed ERISA Suit

    A Massachusetts federal judge has refused to throw out a retiree's proposed Employee Retirement Income Security Act class action accusing the Partners Healthcare network of using an outdated mortality table to calculate benefits, but agreed to narrow the case's scope.

  • January 27, 2020

    High Court Lets Trump Admin Enforce 'Public Charge' Rule

    The Trump administration can implement a rule that penalizes immigrants who may need public benefits, while litigation over the policy continues, the U.S. Supreme Court held Monday.

  • January 24, 2020

    Ala. Hospital Beats Discovery Bid In Patient Suicide Suit

    The Alabama Supreme Court on Friday said a hospital doesn't need to produce documents about a parking structure from which a psychiatric patient jumped to her death, reversing a trial judge's order and ruling that a medical malpractice statute bars the discovery request.

  • January 24, 2020

    1st Circ. Asked To Restore Full $4.85M Early C-Section Award

    The parents of a child left brain-damaged by an early C-section asked the First Circuit to return $3 million that was cut from a $4.85 million verdict they won, saying a Puerto Rican hospital can’t have its own expert evidence tossed post-trial just because it was unfavorable.

  • January 24, 2020

    Insys Shows RICO As Good For Kapoor As For Whitey Bulger

    The landmark racketeering conviction of former Insys Therapeutics Inc. executives shows that the same statute used to prosecute mob boss Whitey Bulger can and should be used against corporate bigwigs, Boston prosecutors told Law360.

  • January 24, 2020

    AmerisourceBergen Wants Del. Justices On Opioid Doc Fight

    AmerisourceBergen wants the Delaware Supreme Court to review a trial court decision that ordered it to provide stockholders with records on its compliance with opioid drug distribution controls, arguing the ruling expands investor records demand rights beyond prior decisions.

  • January 24, 2020

    Ill. High Court Upholds Workers' Comp Exemption

    Amendments to the Illinois Workers' Compensation Act don't affect its long-standing exemption of the proceeds of a workers' compensation settlement from the claims of medical care providers who treated the illness or injury associated with that settlement, the Illinois Supreme Court held Friday.

  • January 24, 2020

    Unions Find Organizing Cannabis Industry A Bumpy Road

    Many of the country's labor unions see the cannabis industry as a source of new members, a motivator that has brought them to the front lines of the legalization fight. But a closer look at unionization efforts in Colorado and Illinois — the first and most recent states to legalize adult-use marijuana, respectively — reveals the uneven road the unions face.

  • January 24, 2020

    High Court Again Pauses Dental Dispute Ahead Of Trial

    The U.S. Supreme Court hit the brakes Friday on a multimillion-dollar contract lawsuit brought by a dental supplier just days before it was set to go to trial, giving defendant Henry Schein Inc. time to convince the high court the dispute should be forced into arbitration.

  • January 24, 2020

    FCA's Epic Run In 2010s Will Be Hard To Match In 2020s

    After soaring to unprecedented prominence during the 2010s, the False Claims Act is flying into the 2020s against new headwinds, including executive branch actions to curtail cases, diminished litigation fodder and nettlesome decisions by the U.S. Supreme Court.

Expert Analysis

  • Surefire Marketing Methods To Build Your Legal Practice

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.