Health

  • February 26, 2024

    NIST Widens Cybersecurity Framework To Cover All Industries

    The U.S. Department of Commerce agency that developed a landmark cybersecurity framework for critical infrastructure operators announced Monday that it had finalized a long-anticipated update, aimed at helping all industry sectors and organizations, to a voluntary tool to better manage cyber risks.

  • February 26, 2024

    NC Health Data Breach Class Deal Gets Preliminary OK

    A North Carolina state judge has preliminarily approved a settlement resolving a class action against an orthopedic practice over a data breach that compromised sensitive personal information and medical records of current and former patients.

  • February 26, 2024

    Medical Device Companies Settle Ga. Wrongful Death Suit

    Two medical alert device companies have settled a Georgia man's allegations that their negligent handling of his mother's distress call led to her death, avoiding a looming trial in the case, according to a filing Monday in Peach State federal court.

  • February 26, 2024

    NC Hospital's Weak Data Security Led To Breach, Suit Says

    A patient filed a proposed class action in North Carolina's business court alleging a hospital system's inadequate data security resulted in a breach that allowed hackers to access private personal and health information.

  • February 26, 2024

    'Rebel Alliance' Seeks Court Rescue In Opioid Discovery Clash

    A discovery dispute that includes references to the Rebel Alliance in the movie "Star Wars" and accusations of circumventing court rules — in a galaxy closer to Ohio — is headed before a federal judge handling multidistrict litigation over the opioid epidemic.

  • February 26, 2024

    Teva Tells 1st Circ. Feds Must Clear High Bar In FCA Case

    Teva Pharmaceuticals told the First Circuit on Monday that the federal government should be held to — and cannot meet — a strict causation standard in a False Claims Act kickback case, asking the court to settle a matter of first impression in the circuit.

  • February 26, 2024

    Stimwave Prosecutors Accused Of Brady Violation Mid-Trial

    The former CEO of Stimwave Technologies has alleged in the middle of her criminal fraud trial that the Manhattan U.S. Attorney's Office withheld key evidence about proffer meetings, teeing up a potential Brady fight before a skeptical judge.

  • February 26, 2024

    NJ Town Justified Hospital-Only Zone, Appeals Panel Says

    A New Jersey municipality may be able to exclude nursing homes from an area zoned for hospitals, a Garden State appeals panel ruled Monday, reasoning that a trial court order disallowing the maneuver relied on case law that's factually distinct. 

  • February 26, 2024

    Texas Nursing Home Must Face Suit Over Resident's Uri Death

    A Texas appellate court says the daughter of a woman who died of hypothermia during Winter Storm Uri can go ahead with a lawsuit against the nursing home where she died, affirming a lower court's decision that the daughter's expert witnesses were qualified to weigh in on the case.

  • February 26, 2024

    Ropes & Gray-Led THL Taking Agiliti Private In $2.5B Deal

    Medical equipment management company Agiliti is going private in a deal with private equity firm Thomas H. Lee Partners, Agiliti announced Monday.

  • February 26, 2024

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery dropped two potentially far-reaching decisions last week: one about founder control at Moelis & Co. and another about TripAdvisor's planned move to Nevada. On top of that, there were new cases involving Citrix Systems, Alcoa Corp., BGC Partners Inc. and Cantor Fitzgerald LP.

  • February 26, 2024

    Sheppard Mullin Adds 2nd Healthcare Partner This Month

    Sheppard Mullin Richter & Hampton LLP has continued its recent growth of the firm's Chicago office and its healthcare team with the addition of a second partner within the last month.

  • February 26, 2024

    Justices Say Tribes Can Argue Separately In Healthcare Row

    Two Native American tribes seeking to uphold rulings that ordered the federal government to reimburse them millions of dollars in administrative healthcare costs can argue their cases separately, the U.S. Supreme Court said Monday.

  • February 26, 2024

    Paul Hastings Adds FDA Practice Chair From King & Spalding

    Paul Hastings LLP announced Monday that a King & Spalding partner specializing in the U.S. Food and Drug Administration and life sciences has joined the firm as chair of its new FDA practice in Washington, D.C.

  • February 23, 2024

    Seattle Hospital Gets Facebook Browser Tracking Suit Tossed

    A Washington state judge sided with Seattle Children's Hospital on Friday, throwing out a proposed class action accusing the healthcare provider of privacy law violations and agreeing the group of parents hadn't shown how the use of a browser tracking tool on its website disclosed confidential patient information to Facebook.

  • February 23, 2024

    State Farm Alleges Health Co. Violated Deal To Drop 366 Suits

    Two State Farm units are accusing an automobile accident-focused healthcare center of wrongly pursuing 366 lawsuits against the insurer despite a settlement agreement State Farm said requires the facility to drop those suits.

  • February 23, 2024

    Chamber's Report Bemoans Biden's March-In Idea For Drug IP

    The most powerful business lobbying group in the U.S. said that although the country ranked at the top of its annual International IP Index, the Biden administration's efforts to potentially use patent laws to reduce the price of pharmaceuticals would jeopardize its place down the line.

  • February 23, 2024

    DOD Watchdog Flags Increased Emphasis On Contract Fraud

    The U.S. Department of Defense's internal watchdog has been expending more effort to fight procurement fraud, in "a shift" from healthcare fraud being the primary focus for federal investigators, according to Inspector General Robert Storch.

  • February 23, 2024

    Fla. Doctor Says T-Mobile Let Hacker Steal Her SIM Card

    A Tampa, Florida, doctor has sued T-Mobile for allegedly failing to stop a "SIM swap" hacker from transferring her personal phone account and then doing little to address the identity theft that followed, which involved the hacker trying to steal thousands from her retirement account and using her medical credentials to write more than 700 fraudulent prescriptions.

  • February 23, 2024

    Idaho Blasts 'Abortion Mandate' In High Court State Ban Fight

    The Idaho attorney general has accused the federal government of transforming an emergency medical care law into an "abortion mandate" in a U.S. Supreme Court case pitting the state's criminal ban against the Biden administration's efforts to maintain abortion access post-Dobbs.

  • February 23, 2024

    Healthcare AI Startup Abridge Raises $150M

    AI clinical documentation company Abridge said on Friday that it had raised a $150 million series C round to build on its existing product lines and accelerate research and development.

  • February 23, 2024

    8th Circ. Says Nursing Home Fraudster Owes Supplier $7.6M

    A nursing home company whose owner pled guilty in January to employment tax fraud in a New Jersey federal case must shoulder a $5 million judgment plus interest and fees for bills it failed to pay a medical supply company, an Eighth Circuit panel affirmed Friday.

  • February 23, 2024

    US Trustee Objects To Rite Aid Disclosure Statement

    The U.S. Trustee's Office has flagged what it called "objectionable" proposals from Rite Aid to hold post-confirmation votes on some Chapter 11 plan releases, as well as shortening senior secured voting and preemptively deeming unsecured creditors as detractors.

  • February 23, 2024

    Walgreens Investors Near Deal In Suit Over Opioid Epidemic

    An Illinois federal judge agreed Friday to maintain a stay in a stockholder derivative suit accusing Walgreens and its leadership of failing to limit retail pharmacies from dispensing unreasonable amounts of opioids, a day after the parties announced an agreement in principle to resolve their dispute.

  • February 23, 2024

    Feds Ask Judge To Keep Steward Qui Tam Lawsuit Intact

    The government has weighed in on a lawsuit involving Dallas-based Steward Health, asking a Texas federal judge Thursday not to dismiss the suit brought on its behalf by a company that claims Steward violated anti-kickback and false claims laws.

Expert Analysis

  • Series

    ESG Around The World: Gulf Cooperation Council

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    The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.

  • Navigating ACA Reporting Nuances As Deadlines Loom

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    Stephanie Lowe at Liebert Cassidy walks employers through need-to-know elements of Affordable Care Act reporting, including two quickly approaching deadlines, the updated affordability threshold, strategies for choosing an affordability safe harbor, and common coding pitfalls.

  • Inside The PTAB's Seagen Cancer Drug Patent Decision

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    The Patent Trial and Appeal Board's recent finding that Seagen's claims for antibody-drug conjugate technology were unpatentable — for lack of enablement, lack of written description and anticipation — mark the latest chapter in the complex patent dispute as the case heads for director review, says Ryan Hagglund at Loeb & Loeb.

  • A Cautionary Tale On Hospital-Physician Alignment Structures

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    A $345 million settlement between the U.S. Department of Justice and Community Health Network highlights how quickly hospital and physician alignment relationships can violate legal restrictions on such dealings, and the onerous financial penalties that can ensue, say Robert Threlkeld and Elliott Coward at Morris Manning.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Opinion

    Biden Admin's March-In Plan Would Hurt Medical Innovation

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    The Biden administration's proposal to reinterpret the Bayh-Dole Act and allow the government to claw back patents when it determines that a commercialized product's price is too high would discourage private investment in important research and development, says Ken Thorpe at the Rollins School of Public Health.

  • 5 Lessons For SaaS Companies After Blackbaud Data Breach

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    Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.

  • Why Biz Groups Disagree On Ending Chevron Deference

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    Two amicus briefs filed in advance of last month's U.S. Supreme Court oral arguments in Loper Bright Enterprises v. Raimondo highlight contrasting views on whether the doctrine of Chevron deference promotes or undermines the stable regulatory environment that businesses require, say Wyatt Kendall and Sydney Brogden at Morris Manning.

  • Opinion

    Oregon Law Would Compromise Management Service Orgs

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    If passed, a proposed Oregon law would materially limit physician corporate practice of medicine structures, causing significant disruption to the provision of medicine and hindering professional corporations' ability to focus on the clinical components of their practice, say Christina Bergeron and William Shefelman at Ropes & Gray.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Preparing For DOJ's Data Analytics Push In FCPA Cases

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    After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.

  • Reducing The Risk Of PFAS False Advertising Class Actions

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    A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.

  • USCIS Fee Increases May Have Unintended Consequences

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    U.S. Citizenship and Immigration Services’ new fee schedule, intended to provide the agency with needed funds while minimizing the impact of higher fees on individual immigrants and their families, shifts too much of the burden onto employers, say Juan Steevens and William Coffman at Mintz.

  • 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.

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