Health

  • March 11, 2025

    VA Did Not Pre-Select Awardee For $257M Telehealth Contract

    A Court of Federal Claims judge has rejected a protest over a $256.8 million U.S. Department of Veterans Affairs telehealth program support contract, saying the protester hadn't shown the VA "pre-selected" the awardee before making a formal award decision.

  • March 11, 2025

    Alaska's RICO Claims Advance Against PBM In Opioid Suit

    An Alaska federal judge has allowed most of the state's Racketeer Influenced and Corrupt Organization Act claims to move forward against pharmacy benefits manager Express Scripts for its alleged role in the opioid epidemic.

  • March 11, 2025

    2nd Circ. Affirms Union Fund's Win In COVID-19 Test Fight

    The Second Circuit upheld a win for a union benefit fund Tuesday in a medical practice's suit alleging it was owed reimbursements for COVID-19 testing from a union employee health benefit plan, finding a lower court properly tossed the complaint for failure to exhaust administrative remedies.

  • March 11, 2025

    Yale-Tied Doc Dies Amid Ongoing Insemination Fraud Cases

    A Connecticut doctor who worked at a Yale School of Medicine clinic who was sued for allegedly using his own sperm to impregnate unsuspecting patients has died during the pendency of the two cases against him, according to a court filing.

  • March 11, 2025

    Endo Sells International Pharma Biz To Knight For Up To $99M

    Pharmaceutical company Endo Inc., led by Davis Polk & Wardwell LLP and Torys LLP, on Tuesday announced plans to sell its international pharmaceuticals business to Davies Ward Phillips & Vineberg LLP-advised Canadian pharmaceutical company Knight Therapeutics Inc. for up to $99 million.

  • March 11, 2025

    Publix's Suit Over Ga. County's Private Attys 'Beyond Reason'

    Publix can't sue a metro Atlanta county to force it to drop its private attorneys who filed an opioid suit against the supermarket chain, the Georgia Court of Appeals has said, ruling that the company "fails to show what right the county has violated by its choice of counsel."

  • March 11, 2025

    Trump Admin Drops Suit Over COVID Nasal Spray Ads Claims

    The U.S. Department of Justice quietly moved Monday to drop a Utah federal court lawsuit filed on behalf of the Federal Trade Commission accusing a sinus nasal spray company of falsely claiming its products could help prevent and treat COVID-19.

  • March 11, 2025

    Software Co. Says Ex-Employees Stole AI Trade Secrets

    A software company that uses artificial intelligence to automate appeals when insurers deny a healthcare provider's payment request has sued two former staffers, alleging they used confidential information gathered through their employment to launch a competing company.

  • March 11, 2025

    CEO, Staff Charged After Fatal Oxygen Chamber Explosion

    Three people, including the CEO of a treatment center, have been charged with murder in connection with a hyperbaric oxygen chamber explosion that killed a 5-year-old boy, Michigan's attorney general announced Tuesday.

  • March 10, 2025

    Justices Seen Resolving Circuit Split Over Med Mal Law

    The U.S. Supreme Court said Monday it will decide whether a Delaware medical malpractice statute requiring an expert affidavit can apply in federal court, which experts said will give the justices the opportunity to reassess the so-called Erie doctrine and the relationship between state and federal courts.

  • March 10, 2025

    Alsup Refuses To Vacate Hearing Into OPM Mass Firings

    U.S. District Judge William Alsup on Monday denied the Trump administration's request to vacate an upcoming evidentiary hearing into the U.S. Office of Personnel Management's mass firings of probationary federal employees, and required OPM director Charles Ezell to appear in person or else be deposed.

  • March 10, 2025

    Calif. Pharma Exec Pleads Guilty To Insider Trading

    A California medical doctor has pled guilty to insider trading in the securities of biopharmaceutical company Acadia Pharmaceuticals Inc. while serving on Acadia's drug safety team, admitting to trading on confidential information that helped him avoid $1.3 million in losses.

  • March 10, 2025

    11th Circ. Urged To Find Qui Tam Cases Unconstitutional

    A group of defendants accused of Medicare Advantage fraud urged the Eleventh Circuit on Monday to uphold a decision finding the False Claims Act's whistleblower provision unconstitutional, saying the statutory clause violates the Constitution in multiple ways. 

  • March 10, 2025

    Latham-Led Physical Therapy Startup Hinge Health Files IPO

    Artificial intelligence-focused physical therapy startup Hinge Health Inc. on Monday filed plans for an initial public offering, represented by Latham & Watkins LLP and underwriters counsel Davis Polk & Wardwell LLP, joining a growing number of IPO prospects.

  • March 10, 2025

    Insurer Says CarePoint's Ch. 11 Plan 'Fatally Flawed'

    An insurer has asked a Delaware bankruptcy judge to reject CarePoint Health Systems' Chapter 11 plan, saying it is designed to unfairly benefit the debtor's landlord with liability releases.

  • March 10, 2025

    DOJ Wants In On Invisalign Monopoly Arguments At 9th Circ.

    The U.S. Department of Justice wants to be there when orthodontists and consumers who purchased clear teeth aligners face off with the company behind Invisalign at the Ninth Circuit next month, so it can tell the appellate judges where the lower court went wrong in killing their monopoly suits.

  • March 10, 2025

    Michigan Told To Take A Stance On Clinic's Gender Policies

    A federal judge said Monday that Michigan can't stay mum on whether a religious medical clinic's pronoun, gender transition and faith-based hiring policies violate state law, as the clinic sues to block the law's enforcement.

  • March 10, 2025

    Ga. Health System Says 'Vague,' 'Disorganized' Bias Suit Fails

    A Georgia urologists' practice group on Monday hit back at a civil rights lawsuit from three doctors who said they were the victims of anti-Indian discrimination, arguing that their "shoot first and aim later" complaint fails to tie the company at all to their allegations.

  • March 10, 2025

    CVS PBM Caused Up To $330M In Part D Damages, Judge Told

    A CVS-owned pharmacy benefits manager caused anywhere from $240 million to $330 million in damages by overbilling the government for Medicare Part D sponsored drugs, counsel for a whistleblower told a Pennsylvania federal judge at the beginning of a False Claims Act bench trial on Monday.

  • March 10, 2025

    AFL-CIO, Unions Defend Fight Against DOGE Access

    The AFL-CIO and a group of unions sought to keep alive their claims that Elon Musk's Department of Government Efficiency can't legally access data from the U.S. Department of Labor and other federal agencies, telling a D.C. federal judge they have standing to file their suit.

  • March 10, 2025

    DOJ Defends Musk's Influence Against States' Challenge

    The U.S. Department of Justice is defending Elon Musk's influence in the federal government against a constitutional challenge brought by 14 states, telling D.C. federal court that the "special government employee" does not occupy an official office that would be subject to the Constitution's appointments clause.

  • March 10, 2025

    GAO Says NIH Treated Bidders Disparately On $20M IT Deal

    The U.S. Government Accountability Office has sustained a protest over a $19.9 million National Institutes of Health software development task order, finding the NIH unreasonably treated similar aspects of the protester's and awardee's bids differently.

  • March 10, 2025

    AI's Growing Influence On M&A Creates A High-Stakes Game

    For mergers and acquisitions attorneys, 2025 is shaping up to be the year when AI becomes a business imperative across industries, turning the dealmaking landscape into a high-stakes chess match of technological innovation.

  • March 10, 2025

    High Court Will Review Colo.'s Conversion Therapy Ban

    The U.S. Supreme Court announced Monday that it will review a challenge to Colorado's ban on licensed therapists providing conversion therapy to transgender minors, in a case that asks whether the state's law is a permissible regulation of professional conduct or an unconstitutional restriction of speech.

  • March 10, 2025

    NC Doctor Says Ex-Partners Were Overpaid By SC Practice

    Two doctors were overcompensated in the four years leading up to their separation from a medical practice and have refused to reconcile the alleged overpayments, their former business partner said in a newly designated North Carolina Business Court complaint.

Expert Analysis

  • Biden-Era M&A Data Shows Continuity, Not Revolution

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    While the federal antitrust agencies under former President Joe Biden made broad claims about increasing merger enforcement activity, the data tells a different story, with key claims under Biden coming in at the lowest levels in decades, say attorneys at Covington.

  • 10 Issues To Watch In Aerospace And Defense Contracting

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    This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.

  • Compliance Pointers For DOJ's Sweeping Data Security Rule

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    A new Justice Department rule broadly restricts many common data transactions with the goal of preventing access by countries of concern, and with an effective date of April 8, U.S. companies must quickly assess practices related to employee, customer and vendor data, says Sam Castic at Hintze Law.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.

  • Series

    Competitive Weightlifting Makes Me A Better Lawyer

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    The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.

  • Axed ALJ Removal Protections Mark Big Shift For NLRB

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    A D.C. federal court's recent decision in VHS Acquisition Subsidiary No. 7 v. National Labor Relations Board removed long-standing tenure protections for administrative law judges by finding they must be removable at will by the NLRB, marking a significant shift in the agency's ability to prosecute and adjudicate cases, say attorneys at Proskauer.

  • 11th Circ. TCPA Ruling Signals Erosion Of Judicial Deference

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    The U.S. Court of Appeals for the Eleventh Circuit recently came to the rescue of the lead generation industry, striking down new regulations that were set to go into effect on Jan. 27, a decision consistent with federal courts' recent willingness to review administrative decisions, say attorneys at Troutman.

  • The Case For Compliance During The Trump Administration

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    Given the Trump administration’s shifting white collar enforcement priorities, C-suite executives may have the natural instinct to pare back compliance initiatives, but there are several good reasons for companies to at least stay the course on their compliance programs, if not enhance them, say attorneys at Riley Safer.

  • Opinion

    Undoing An American Ideal Of Fairness

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    President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.

  • Dispelling 10 Myths About Health Provider-Based Compliance

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    Congress appears intent on requiring hospitals to submit provider-based attestations for all off-campus outpatient hospital locations, so now is the time for hospitals to prepare for this change by understanding common misconceptions about provider-based status and proactively correct noncompliance, say attorneys at McDermott.

  • A Look At HHS' New Opinion On Patient Assistance Programs

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    A recent advisory opinion from the U.S. Department of Health and Human Services' Office of Inspector General follows a recent trend of blessing patient assistance program arrangements that implicate the Anti-Kickback Statute, as long as they are structured with appropriate safeguards to minimize the risk of fraud and abuse, say attorneys at Sheppard Mullin.

  • How Ill. Ruling Could Influence Future Data Breach Cases

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    The Illinois Supreme Court's recent decision in Petta v. Christie Business Holding, which was based solely on standing, establishes an important benchmark for the viability of Illinois-based lawsuits arising out of data security incidents that defendants can cite in future cases, say attorneys at Wilson Elser.

  • Opinion

    Inconsistent Injury-In-Fact Rules Hinder Federal Practice

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    A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.

  • Virginia AI Bills Could Serve As Nationwide Model

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    If signed into law, two Virginia bills focused on regulating the use of high-risk AI systems in the private and public sectors have the potential to influence similar legislation in other states, as well as the compliance strategies of companies operating in the commonwealth and across the U.S., say attorneys at Woods Rogers.

  • 2 Anti-Kickback Developments Hold Lessons For Biopharma

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    The U.S. Department of Justice's Anti-Kickback Statute settlement with QOL Medical and a favorable advisory opinion from the U.S. Department of Health and Human Services provide a study in contrasts, but there are tips for biopharma manufacturers trying to navigate the vast compliance space between them, says Mary Kohler at Kohler Health Law.

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