Health

  • March 29, 2024

    Ohio Abortion Providers File Suit Over 24-Hour Wait Period

    A group of Ohio organizations filed a lawsuit Friday on behalf of abortion providers in the state, arguing certain longstanding abortion regulations violate amendments made to the state's constitution in November that protect access to abortion care.

  • March 29, 2024

    Hedge Fund Beats Vaxart Investor's 'Short-Swing' Profits Suit

    A New York federal judge has granted a win to hedge fund Armistice Capital LLC and its managing member in a derivative suit brought by a shareholder of biotechnology company Vaxart Inc., which sought disgorgement of short-swing profits that allegedly were wrongfully obtained by the investment adviser.

  • March 29, 2024

    Conn. Surgeon Left Blade In Patient For 5 Years, Suit Says

    A surgeon with Connecticut Orthopaedics lost a scalpel blade during an operation in 2018 and tried to cover his tracks when X-rays revealed it had been sewn into the patient's shoulder, a federal lawsuit alleges.

  • March 29, 2024

    THL's $2.5B Deal To Buy Agiliti Sparks Chancery Suit

    A shareholder of Agiliti, a medical equipment and services provider on the cusp of being acquired and taken private by Thomas H. Lee Partners LP, has sued the healthcare company in Delaware's Court of Chancery, seeking more information about the controlling private equity stockholder's $2.5 billion buyout bid.

  • March 29, 2024

    NJ Law Firm Can Keep Benicar Malpractice Suit In Fed. Court

    The U.S. District Court for the District of New Jersey has refused to remand to state court a proposed malpractice class action accusing Mazie Slater Katz & Freeman LLC attorneys of unfairly taking an excessive fee out of plaintiffs' settlements in multidistrict litigation over the blood pressure drug Benicar.

  • March 29, 2024

    5 Appellate Arguments Benefits Attys Should Watch In April

    A defense contractor will square off with the government over pension obligations, workers at an auto parts retailer and Georgetown University staffers will look to revive suits claiming their retirement savings were mismanaged, and a ban on gender-affirming care for minors will get an en banc review. Here are five argument sessions that should be on benefits attorneys' radar in April.

  • March 29, 2024

    Don't Miss It: Davis Polk, Simpson Lead Month's Hot Deals

    A lot can happen in the world of mergers and acquisitions over the course of a month, and it's difficult to keep up with all the deals. Here, Law360 recaps the ones you may have missed, including transactions managed by Davis Polk & Wardwell LLP and Simpson Thacher & Bartlett LLP.

  • March 28, 2024

    White House Directs Agencies To Install AI Risk Safeguards

    The White House on Thursday issued a new directive requiring all federal agencies to address safety and civil rights risks in their use and procurement of artificial intelligence in an array of settings, including conducting screenings at airports and making decisions affecting Americans' healthcare, employment and housing.

  • March 28, 2024

    Penile Implant Doc Awarded $18.3M After Trade Secrets Trial

    A California federal judge on Thursday awarded more than $18.3 million in royalties and damages to a urologist who won a jury trial verdict last year over a competitor's theft of penile implant trade secrets.

  • March 28, 2024

    Medical Lab Inks $2.1M Deal To End NC's False Claims Probe

    A North Carolina lab will pay back $2.1 million to the state's Medicaid program after settling an investigation into how it charged the public health program for tests, the state attorney general's office announced Thursday.

  • March 28, 2024

    Va. Gov., Critic Of Legal Pot, Vetoes Bill To Begin Sales

    Glenn Youngkin, the Republican governor of Virginia, on Thursday vetoed a Legislature-approved bill that would have taxed and regulated the sale of adult-use cannabis, saying marijuana sales would pose a public health and safety risk to Virginians.

  • March 28, 2024

    United Airlines Beats Class Cert. Bid In COVID Refund Suit

    Passengers who say United Airlines used the COVID-19 pandemic as cover for refusing to reimburse them for cost-cutting cancelations cannot pursue their case as a class because their claims turn on too many individual questions, an Illinois federal judge determined Wednesday.

  • March 28, 2024

    2 Firms Steer Close Of Hildred's $750M Continuation Fund

    Healthcare-focused private equity firm Hildred Capital, advised by Kirkland & Ellis LLP and Lowenstein Sandler LLP, on Thursday said it clinched a multiasset continuation fund after securing more than $750 million in commitments, which will be used to acquire two companies from the firm's previous funds.

  • March 28, 2024

    FSU Reaches Deal To End Family Leave Retaliation Suit

    Florida State University and a former program coordinator have agreed to settle her lawsuit alleging FSU fired her for asking to take time off to care for her father during his cancer treatment, they told a federal court.

  • March 28, 2024

    Rite Aid Says It Has Creditor Deal, Gets OK For Plan Vote

    A New Jersey bankruptcy judge Thursday gave Rite Aid the go-ahead to send its Chapter 11 plan out for a creditor vote after hearing it has reached a $47.5 million deal with unsecured creditors and is close to a settlement on state and federal claims over drug sales.

  • March 28, 2024

    FDA Warns 61 Stores Over Illegal Vape Sales

    The U.S. Food and Drug Administration this week sent warnings to 61 retailers for selling illegal Lava and Elf Bar cigarettes, saying that both of the unauthorized brands are popular with young people.

  • March 28, 2024

    9th Circ. Won't Let Cigna Patients Appeal Class Cert. Denial

    The Ninth Circuit won't let a group of Cigna plan participants immediately appeal a trial court's rejection of class status in their lawsuit accusing the insurance giant of unlawfully colluding with its billing contractor to underpay out-of-network claims for mental health treatments.

  • March 28, 2024

    Radiology Co. To Pay $19M To End ESOP Self-Dealing Suit

    A radiology company and its employee stock ownership plan trustee will pay $19 million to settle a proposed class action alleging that executives used shell companies to suck value out of the company and shorted workers when the business was sold for $215 million.

  • March 28, 2024

    Ohio Justices Split On Attorney's Sanction For Hiding His Past

    The Ohio Supreme Court has given a Cleveland attorney a six-month stayed suspension for omitting information in his application for a physician assistant license about multiple name changes and prior proceedings against him for having child pornography on his computer, which he had created via photo editing to demonstrate a point while serving as a defense expert.

  • March 28, 2024

    Polsinelli Brings On Ex-Nelson Hardiman Healthcare Pro In LA

    Polsinelli PC announced on Thursday the hiring of a former partner at Nelson Hardiman LLP as a shareholder in its healthcare litigation and disputes practice out of its Los Angeles office.

  • March 28, 2024

    Doctor Allowed To Withdraw NBA Fraud Plea, Gets June Trial

    A Manhattan federal judge will allow a Seattle-area doctor to pull back his guilty plea and go to trial in June, against prosecutors' objections, in a case alleging he assisted a cohort of retired NBA players to create fake invoices to submit to the league's healthcare plan.

  • March 28, 2024

    Grading Garland: Attys Give AG Mixed Reviews 3 Years In

    U.S. Attorney General Merrick Garland's name won't be on the ticket in November, but his performance three years into his tenure is a subplot in the 2024 presidential election.

  • March 28, 2024

    Feds Finalize Restraints On Short-Term Health Insurance

    President Joe Biden's administration finalized regulations Thursday that shrink the window for short-term, limited-duration health insurance from three years to no more than four months, but it backed off more sweeping changes from its July proposal that would have affected fixed indemnity insurance.

  • March 28, 2024

    Romney Tells DEA Pot Review Must Heed Treaty Obligations

    Sen. Mitt Romney, R-Utah, on Wednesday expressed skepticism about federal health regulators' recommendation to loosen marijuana restrictions and pressed the U.S. Drug Enforcement Administration to explain how it would consider the drug's status in light of U.S. treaties.

  • March 27, 2024

    ITC Judge Recommends Exclusion Order In Tourniquet IP Row

    A U.S. International Trade Commission administrative judge has recommended the commission order that imports of products related to blood flow restriction be banned, handing a win to a pair of American medical product manufacturers.

Expert Analysis

  • HR Antitrust Compliance Crucial Amid DOJ Scrutiny

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    The Justice Department's Antitrust Division recently announced a required human resources component for antitrust compliance programs, which means companies should evaluate their policies to prevent, detect and remediate potential violations as they add training for HR professionals, say attorneys at Morgan Lewis.

  • Lessons From Rare Post-Verdict Healthcare Fraud Acquittal

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    A Maryland federal court recently overturned a jury verdict that found a doctor guilty of healthcare fraud related to billing levels for COVID-19 tests, providing defense attorneys with potential strategies for obtaining acquittals in similar prosecutions, says attorney Andrew Feldman.

  • ChristianaCare Settlement Reveals FCA Pitfalls For Hospitals

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    ChristianaCare's False Claims Act settlement in December is the first one based on a hospital allegedly providing private physicians with free services in the form of hospital-employed clinicians and provides important compliance lessons as the government ramps up scrutiny of compensation arrangements, say attorneys at Sheppard Mullin.

  • Texas Ruling Clarifies That Bankruptcy Shields LLC Rights

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    A Texas bankruptcy court’s recent ruling in In re: Envision makes it clear that the Bankruptcy Code preempts a section of Delaware state law that terminates a member’s interest in an LLC upon a bankruptcy filing, clarifying conflicting case law, say Larry Halperin and Joon Hong at Chapman and Cutler.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • The Latest Antitrust Areas For In-House Counsel To Watch

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    The U.S. Department of Justice and the Federal Trade Commission's increasingly aggressive approach to antitrust enforcement means in-house counsel should closely monitor five key compliance issues, say attorneys at Squire Patton.

  • Despite Risks, AI Is A Worthy Tool For Healthcare Industry

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    Artificial intelligence appears to provide a productive path forward for the healthcare industry, improving economic and human health outcomes, though companies must continue to address certain technology and compliance pain points, says Sarah Abrams at Bowhead Specialty Underwriters.

  • Navigating New Regulations In Healthcare And Other M&A

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    While notice requirements recently enacted in several states are focused on the healthcare industry for now, this trend could extend to other industries as these requirements are designed to allow regulators to be a step ahead and learn more about a transaction long before it occurs, say Kathleen Premo and Ashley Creech at Epstein Becker.

  • New CMS Rule Will Change Nursing Facility Disclosures

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    A new rule from the Centers for Medicare & Medicaid Services significantly expands disclosure requirements for nursing facilities backed by private equity companies or real estate investment trusts, likely foreshadowing increased oversight that could include more targeted audits, say Janice Davis and Christopher Ronne at Morgan Lewis.

  • Skirting Anti-Kickback Causation Standard Amid Circuit Split

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    Amid the federal circuit court split over the causation standard applicable to False Claims Act cases involving Anti-Kickback Statute violations, which the First Circuit will soon consider in U.S. v. Regeneron, litigators aiming to circumvent the heightened standard should contemplate certain strategies, say Matthew Modafferi and Terence Park at Frier Levitt.

  • What To Know About WDTX Standing Order For Patent Cases

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    Patent litigators should review and ensure compliance with the standing order recently issued by U.S. District Judge Alan Albright of the Western District of Texas — a popular patent litigation venue — which encompasses new deadlines, seeks to streamline discovery disputes, and further reflects the court's existing practices, says Archibald Cruz at Patterson + Sheridan.

  • What New Calif. Strike Force Means For White Collar Crimes

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    The recently announced Central District of California strike force targeting complex corporate and securities fraud — following the Northern District of California's model — combines experienced prosecutorial leadership and partnerships with federal agencies like the IRS and FBI, and could result in an uptick in the number of cases and speed of proceedings, say attorneys at MoFo.

  • Healthcare Collabs Can Alleviate Labor, Antitrust Challenges

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    Two major challenges facing hospitals and health systems include labor shortages and increased antitrust scrutiny at both federal and state levels, but collaborative efforts may help with addressing these difficulties, says Sumaya Noush at McDermott.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

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