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Health
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September 27, 2024
Ga. Hospital Patients Ask Judge to Revive Facebook Data Suit
A proposed class of patients claiming Piedmont Healthcare Inc. unlawfully shared their confidential health data with Facebook urged a federal judge to rethink his late-August decision tossing their suit, saying the judge failed to consider their claims the health system criminally violated HIPAA's privacy rule.
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September 27, 2024
Mich. Justices Take Up Another Auto Reform Coverage Case
The Michigan Supreme Court agreed Friday to review a crash coverage dispute concerning whether changes to the state no-fault act's medical care reimbursement rates apply to post-reform treatment, weighing in on a case where the injury occurred after the June 2019 statutory amendment but before the July 2021 effective date.
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September 27, 2024
MetLife's 3rd Circ. Win Won't Stop ERISA Health Fee Suits
The Third Circuit's recent decision upholding MetLife's escape from a lawsuit accusing the company of pocketing $65 million in pharmacy rebates instead of using the funds to lower employee healthcare costs hands additional authority over to employers facing a new wave of class action litigation over excessive health fees, attorneys say.
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September 27, 2024
Ault Disruptive To Dissolve After Failing To Ink SPAC Deal
Blank check company Ault Disruptive Technologies Corp. said on Friday that it plans to dissolve and liquidate because it will not be able to complete an initial business combination before Dec. 20.
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September 27, 2024
Medical Equipment Co., Founder Settle FCA Suit For $20M
A Florida-based medical equipment company and its founder will pay $20 million to settle claims under the federal False Claims Act that they improperly billed government healthcare plans for duplicated and unnecessary sales of devices meant to offer pain relief through electrical stimulation, Pennsylvania prosecutors said Friday.
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September 26, 2024
HHS Flags Ransomware Rise In New Deal With Wash. Provider
A Washington state-based healthcare provider has agreed to pay $250,000 and boost its data security to resolve the U.S. Department of Health and Human Service's enforcement action over a 2017 ransomware attack, amid what the agency said has been a steep rise in reports of such cyberattacks over the past six years.
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September 26, 2024
Senate Bill Calls For Stronger Healthcare Cyber Standards
Democratic lawmakers introduced legislation Thursday aiming to better protect patient health information and avoid cyberattacks by strengthening cybersecurity standards, months after a highly publicized data breach earlier this year of a UnitedHealth unit that lacked basic security measures like two-factor authentication.
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September 26, 2024
Healthcare REIT Defeats Investor Suit For Good
An Alabama federal judge on Thursday permanently tossed an investor suit against a healthcare-focused real estate investment trust, Medical Properties Trust Inc., that alleged the trust hid the poor performance of four acute care hospitals it owns in Pennsylvania, saying the plaintiff's asserted theory in the suit "is somewhat Jekyll and Hyde."
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September 26, 2024
New Report Urges Feds To Take Larger Role In Pot Policy
The rise of state-sanctioned cannabis markets amid the absence of federal regulation has prioritized policies intended to launch marijuana sales over those focused on public health, according to a government-sponsored report made public Thursday.
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September 26, 2024
Split 2nd Circ. Backs 8 Years For Conn. COVID Money Scam
In a published opinion Thursday, a split panel of the Second Circuit upheld a Connecticut man's eight-year prison sentence for stealing federal COVID-19 relief funds from the city of West Haven through a conspiracy with a state representative, finding that the punishment was not "substantively unreasonable."
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September 26, 2024
Obesity Drug Developer Leads 2 Upsized IPOs Totaling $310M
Obesity-focused drug developer BioAge Labs Inc. gained in debut trading Thursday after raising $198 million through an upsized initial public offering, leading one of two new listings that netted a combined $310 million under the guidance of four law firms.
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September 26, 2024
Virtua Discriminates Against Pregnant Patients, NJ Alleges
Virtua Health discriminates against pregnant patients by forcing them to undergo drug testing for inpatient admission to its hospitals — a policy that does not apply universally to other patients, New Jersey Attorney General Matthew J. Platkin alleged in a lawsuit filed Thursday in New Jersey state court.
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September 26, 2024
Winner Of $8.6M Suit Wants Mich. Justices' Take On Cap
The estate of a patient who won an $8.6 million medical malpractice verdict earlier this year is asking a Michigan federal court to certify a question to the state's Supreme Court to determine whether a statutory cap on noneconomic damages is constitutional.
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September 26, 2024
Colo. Justices Pause Discovery In Hospital Lien Suit
The Colorado Supreme Court on Wednesday stayed discovery in a class action against hospital company Centura Health, as it decides whether to take up the plaintiff's challenge to a Denver judge's second attempt at deciding what documents the plaintiff must produce.
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September 26, 2024
Ex-University Head Says COVID Isolation Death Suit Is Late
Former Seton Hall University President Joseph E. Nyre has asked a New Jersey federal judge to toss gross negligence and fraudulent concealment claims brought by the estate of a student who died from epilepsy in mandatory isolation in her dorm room after testing positive for COVID-19, arguing both claims are time-barred.
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September 26, 2024
Pa. Justices Say COVID Closures Aren't Covered Losses
Pennsylvania's Supreme Court shut the door Thursday on COVID-19 pandemic loss insurance coverage for businesses closed by government mandate, ruling that requisite physical loss or damage required tangible alteration to property, reversing a lower court decision that stated loss of use was sufficient.
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September 26, 2024
Senate Patent Bill Markups Delayed Until After Election
Congressional hearings scheduled for Thursday to mark up several bills related to patents, including measures dealing with patent eligibility, validity challenges and drug patents, have been postponed until after Election Day due to the Senate's adjournment.
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September 26, 2024
NY Lawmakers Beat ADA Suit Over Contentious Mask Ban
A New York federal judge threw out a challenge to Nassau County's ban on face masks worn by people trying to hide their identities in public, noting in an order Wednesday the plaintiffs lack standing since the ban doesn't apply to coverings worn to protect the wearer's health and safety.
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September 26, 2024
Healthcare Atty Rejoins Polsinelli After Foley Hoag Stint
Polsinelli PC announced on Wednesday that a doctor and former healthcare policy attorney who spent 11 years during a previous stint with the firm has returned to its Washington, D.C., office as a public policy shareholder.
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September 26, 2024
Behavioral Health Exec Pleads Guilty To Medical Billing Fraud
The chief executive of a behavioral health company on Thursday admitted to directing employees to bill Medicare and Medicaid for extra psychotherapy sessions that never took place.
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September 26, 2024
Dallas VA Center Overpaid $3.7M For Wheelchair Services
A Texas veterans medical center will have to recover $3.7 million it overpaid a contractor for wheelchair transportation services between 2022 and 2023, the U.S. Department of Veterans Affairs Office of Inspector General said Wednesday.
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September 25, 2024
11th Circ. Reverses DOJ Defeat In $400M Kickback Case
The Eleventh Circuit on Wednesday held that a lower court should've admitted prosecutors' evidence of alleged co-conspirators in a $400 million health insurance fraud case, finding that an exclusion to the hearsay rule was misapplied by the district court in the closely watched Anti-Kickback Statute litigation.
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September 25, 2024
Feds Urge Judge Not To Ax Novel Insider Trading Conviction
Prosecutors have hit back at former Ontrak CEO Terren Peizer's bid to ax his first-of-its-kind insider trading conviction and score a new trial, telling a California federal judge that the jury had all the information it needed to find Peizer guilty in June.
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September 25, 2024
Novel Labor Clause Ruling May Beg Scrutiny In Court
A controversial demand from the Centers for Medicare and Medicaid Services for prospective contractors to recognize union organizing may stretch the limits of the government's required neutrality in contactors' labor disputes, and a ruling supporting it is likely to attract close scrutiny from courts.
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September 25, 2024
Walgreens' TM Suit Can Proceed Against Founder's Relative
Walgreen Co. can move forward with its trademark infringement suit against the great-grandson of the company's founder for operating Walgreen Health Solutions after an Illinois federal judge denied his motion to dismiss, finding the drugstore chain has shown a likelihood of confusion between the two brands.
Expert Analysis
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Del. Bankruptcy Ruling Will Give D&O Insureds Nightmares
In Henrich v. XL Specialty Insurance, the Delaware Bankruptcy Court recently found that a never-served qui tam claim had been "brought" before a D&O policy's retroactive date, thereby eliminating coverage, and creating a nightmare scenario for directors and officers policyholders facing whistleblower claims, says David Klein at Pillsbury.
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Opinion
No Matter The Purdue Ruling, Mass Tort Reform Is Needed
The U.S. Supreme Court will soon issue its opinion in the bankruptcy of Purdue Pharma LP, and regardless of the outcome, it’s clear legal and policy reforms are needed to address the next mass tort, says William Organek at Baruch College.
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How Congress Is Tackling The US Healthcare Shortage
With healthcare shortages continuing across the U.S. despite industry efforts to improve patient access to care, increased Medicare support for graduate medical education could be a crucial component of the solution, say Sarah Crossan and Miranda Franco at Holland & Knight.
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Opinion
Why The Patent Eligibility Restoration Act Can Spur Progress
Patent practitioners have long wrestled with the effects of U.S. Supreme Court decisions that have muddied the waters of what can be patented, but the Patent Eligibility Restoration Act can change that, and those not involved with patents on a day-to-day basis can help get this act passed, says John White at Harness IP.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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The Current State Of Healthcare Transaction Reviews In Calif.
As of April, certain healthcare transactions in California have been subject to additional notification compliance requirements, and complying with these new rules could significantly delay and discourage some deals, says Andrew Demetriou at Husch Blackwell.
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Protecting Trade Secrets In US, EU Gov't Agency Submissions
Attorneys at Mintz compare U.S. and European Union trade secret laws, and how proprietary information in confidential submissions to the U.S. Food and Drug Administration and the European Medicines Agency is protected in the face of third-party information requests under government transparency laws.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Careful Data Governance Is A Must Amid Enforcement Focus
Federal and state regulators' heightened focus on privacy enforcement, including the Federal Trade Commission's recent guidance on consumer protection in the car industry, highlight the importance of proactive risk management, compliance and data governance, say Jason Priebe and Danny Riley at Seyfarth.
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5 Critical Factors Driving Settlement Values In Cyber Litigation
Recent ransomware incidents and their legal repercussions offer five valuable insights into the determinants of settlement values in cyberattack-related litigation, and understanding these trends and their implications can better prepare organizations for the potential legal fallout from future breaches, says Peter Kamminga at JAMS.
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Money, Money, Money: Limiting White Collar Wealth Evidence
As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.