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Health
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August 27, 2024
Teacher Sues Ga. School Over Ouster During Medical Absence
A math teacher and state champion wrestling coach at a private school in Atlanta has claimed he was unlawfully forced out of a job after a hospitalization for a kidney infection, with one school official telling him to resign or be fired.
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August 27, 2024
6th Circ. Affirms HHS' Denial Of Title X Funds To Tenn.
The Sixth Circuit has upheld the Biden administration's authority to end a family-planning grant awarded to Tennessee after the state refused to offer abortion referrals, saying the state knew the rules when it accepted the grant.
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August 27, 2024
New Cigna CLO Vows To Help Co. Navigate 'Dynamic' Industry
Cigna has promoted one of its in-house lawyers, who has spent her in-house and private practice career in the healthcare space, to chief legal officer, according to a LinkedIn post.
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August 27, 2024
Hospital CEO Says President Lied About Co.'s Financial State
The former CEO of a Nevada-based psychiatric hospital company claims the company's president knowingly transferred contracts to his own business so he could later claim the hospital company didn't have the money to honor the CEO's agreements, according to a lawsuit filed in Colorado federal court.
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August 27, 2024
Connecticut Litigation To Watch In 2024
The Connecticut state and federal courts will grapple with a number of closely watched cases during the second half of 2024, including three key lawsuits by state Attorney General William Tong.
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August 27, 2024
Winston & Strawn Hires Morgan Lewis Healthcare Partner
An attorney specializing in healthcare law recently moved to Winston & Strawn LLP's Houston office after practicing for nearly five years at Morgan Lewis & Bockius LLP.
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August 27, 2024
Ex-Teacher Says District Forced Her To Resign Over COVID
A former Fulton County School District teacher sued the district in Georgia federal court Monday, alleging she was denied reasonable accommodations and forced to resign from her job after contracting COVID-19 in 2020.
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August 27, 2024
Sheppard Mullin Adds Another McDermott Healthcare Pro
Sheppard Mullin Richter & Hampton LLP has hired a 12-year McDermott Will & Emery LLP healthcare transactions partner in Chicago, making him the latest partner focused on that industry to join the Sheppard Mullin team in the last year.
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August 27, 2024
Vt. High Court Affirms Denial Of Benefits To Marijuana Patient
The Vermont Supreme Court has affirmed an administrative law judge's decision not to issue a declaratory ruling whether off-duty medical cannabis use counts as misconduct for the purposes of terminating and denying benefits to a former transportation employee.
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August 27, 2024
Freshfields Steers UCB's $680M Sale Of Chinese Portfolio
UCB has said it will sell a portfolio of established products in China to investment firms in Singapore and Abu Dhabi for $680 million so that the Belgian biopharmaceutical company can focus on developing new medicines for the pharma market in the Far East state.
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August 26, 2024
Wash. Court Says Prejudice Not a Factor In Hospital Trial Win
A Washington state appellate court said Monday there was no need for a hearing to determine whether racial bias was a factor in an immigrant couple's medical malpractice trial loss over the death of their newborn child, ruling that no "objective observer" could conclude the verdict was impacted by prejudice.
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August 26, 2024
RFK Jr. Loses Bid To Get Vax Censorship Injunction At 9th Circ.
The Ninth Circuit on Monday affirmed a decision rejecting Robert F. Kennedy Jr.'s bid to get an injunction in his case alleging Google violated his First Amendment rights by removing his YouTube videos doubting the safety of the COVID-19 vaccines.
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August 26, 2024
Care.com To Pay $8.5M To Settle FTC's Deception Claims
Caregiver job website Care.com has agreed to shell out $8.5 million in refunds to put to rest allegations it misled caregivers about wages and job availability and also made it difficult for families to cancel paid memberships, the U.S. Federal Trade Commission announced Monday.
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August 26, 2024
Class Attys Get $1.2M In Wash. Health Workers' Wage Deal
A Washington federal judge has awarded two plaintiffs firms almost $1.2 million of a $4.4 million class and collective wage deal ending a group of Evergreen state hospital workers' claims that their employers deducted pay for meal breaks they never took.
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August 26, 2024
Health System Sues JPMorgan Over Funds Lost In Scam
Massachusetts-based healthcare system Baystate Health Inc. sued JPMorgan Chase & Co. on Monday over $420,000 it lost as a result of an email scam it said the bank should have prevented.
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August 26, 2024
DEA Sets Dec. 2 Hearing On Cannabis Rescheduling Proposal
The Drug Enforcement Administration will hold a hearing on the attorney general's proposal to loosen restrictions on marijuana, the agency announced in a notice made public Monday.
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August 26, 2024
Ariz. Woman Owes $22M After Defrauding State Health System
A Mesa, Arizona, woman has been ordered to pay nearly $22 million in restitution to the state's Health Care Cost Containment System and serve more than five years in federal prison after she admitted to a fraudulent billing practice targeting Native Americans seeking behavioral health treatment.
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August 26, 2024
Connecticut And NY AGs Reach Terms For Hospital Merger
Two major hospital systems in New York and Connecticut have reached an agreement with their states' attorneys general to resolve an antitrust investigation spurred by the planned merger of Northwell Health and Nuvance Health, bringing the deal first announced in February closer to fruition.
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August 26, 2024
At Bradley Arant, Ex-Healthcare GC Heeds 'No Surprises' Rule
A former general counsel at home health provider Aveanna Healthcare has returned to private practice as a partner in the healthcare and real estate practices at Bradley Arant Boult Cummings LLP, and is vowing not to surprise his in-house clients with surprise legal bills — now that he's on the other side of the business.
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August 26, 2024
FTC Mulls Proposal To Alter Puerto Rican Pharmacy Deal
The Federal Trade Commission is considering a plan to allow Puerto Rico's largest independent pharmacy cooperative to resume collective negotiations with payors, reexamining a 2012 settlement agreement that the cooperative says is now unnecessary because of changes in the commonwealth's law and pharmacy market.
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August 26, 2024
Catching Up With Delaware's Chancery Court
Last week in Delaware's Court of Chancery, Boeing accused shareholders of using a new pressure tactic, Cantor Fitzgerald struck a $12 million deal, and a vice chancellor dealt with zombie companies. New cases involved displaced Pacific Islanders and an insurance customer acquisition platform. In case you missed it, here's a roundup of news from the Chancery Court.
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August 26, 2024
McKesson Inks $2.49B Deal For Cancer-Focused Biz
Healthcare services provider McKesson Corp. on Monday announced plans to acquire a majority stake in Paul Weiss Rifkind Wharton & Garrison LLP-advised Florida Cancer Specialists & Research Institute's Community Oncology Revitalization Enterprise Ventures for $2.49 billion.
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August 26, 2024
NY Nursing Homes Can't Duck AG's $83M Fraud Suit
A New York judge shot down a bid by four nursing homes and their operators to dismiss the state attorney general's claims that they defrauded Medicare and Medicaid and neglected residents.
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August 23, 2024
NY Can't Sue Groups Over Abortion 'Reversal' Ads, For Now
A New York federal judge temporarily blocked the state's attorney general from taking enforcement action against certain pregnancy counseling centers for promoting a method of "reversing" medication abortions that medical associations say is not backed by science, saying the groups' conduct is likely protected by the First Amendment.
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August 23, 2024
Abbott Judge Suggests $54M Judgment In Test Strip TM Case
A New York federal magistrate judge has recommended that default judgments totaling more than $54 million be entered against 85 companies and individuals who didn't respond to Abbott Laboratories' nearly decade-old trademark suit over gray-market diabetes test strips, according to a report and recommendation filed Thursday.
Expert Analysis
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Whistleblowers Must Note 5 Key Differences Of DOJ Program
The U.S. Department of Justice’s recently unveiled whistleblower awards program diverges in key ways from similar programs at other agencies, and individuals must weigh these differences and look first to programs with stronger, proven protections before blowing the whistle, say Stephen Kohn and Geoff Schweller at Kohn Kohn.
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The Licensure Landscape For Psychedelics Manufacturers
As the need for bulk manufacturing of psychedelic substances grows, organizations aiming to support clinical trials or become commercial suppliers must navigate a rigorous and multifaceted journey to obtaining a license from the U.S. Drug Enforcement Administration, say Kimberly Chew at Husch Blackwell and Jaime Dwight at Promega Corp.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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What FCA Cases May Look Like In The Age Of Generative AI
Generative artificial intelligence raises unique considerations both in the context of potentially leading to False Claims Act cases and in the discovery and litigation phases of these lawsuits, says attorney Rachel Rose.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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OSHA Workplace Violence Citation Highlights Mitigation Steps
The Occupational Safety and Health Administration's recent citation against behavioral health company Circles of Care sheds light on the enforcement risks companies may face for failing to prevent workplace violence, and is a reminder of the concrete steps that can help improve workplace safety, say attorneys at Benesch.
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When Banks Unknowingly Become HIPAA Biz Associates
There appears to be significant confusion regarding the application of the Health Insurance Portability and Accountability Act to financial institutions when serving healthcare-related clients, so these institutions should consider undertaking several steps as a starting point in the effort to achieve compliance, say attorneys at Vorys.
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The Regulatory Headwinds Facing Lab-Developed Tests
Though the U.S. Food and Drug Administration's final rule regarding regulation of laboratory-developed tests outlines a four-year plan for ending enforcement discretion, and though this rule is currently being challenged in courts, manufacturers should heed compliance opportunities immediately as enforcement actions are already on the horizon, say attorneys at Kirkland & Ellis.
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3 High Court Rulings May Shape Health Org. Litigation Tactics
Three separate decisions from the U.S. Supreme Court's most recent term — Loper Bright, Corner Post and Jarkesy — will likely strengthen healthcare organizations' ability to affirmatively sue executive agencies to challenge regulations governing operations and enforcement actions, say attorneys at McDermott.
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Opinion
A New Way Forward For COVID Vaccine Lawsuit Immunity
As Public Readiness and Emergency Preparedness Act protections for COVID-19 vaccines wane, adding those vaccines to coverage by the National Vaccine Injury Compensation Program would bolster defenses for administrators and manufacturers while also providing stronger remedies for those injured by vaccines, says Altom Maglio at MCT Law.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.