Health

  • February 05, 2025

    6th Circ. Urged To Revive Allergy Co.'s Antitrust Claims

    An allergy company tried Wednesday to persuade a noncommittal Sixth Circuit panel to revive an antitrust suit it brought against health insurance companies it says worked together to push it out of the market.

  • February 05, 2025

    Sheppard Mullin Adds Healthcare Reg Partner From Troutman

    Sheppard Mullin Richter & Hampton LLP on Wednesday announced the arrival of a healthcare partner joining from Troutman Pepper Locke LLP, continuing a streak of recent additions to its healthcare practice.

  • February 05, 2025

    Proskauer Fights Another DQ Bid In NJ Hospital Antitrust Suit

    A New Jersey federal magistrate judge was right to allow Proskauer Rose LLP to continue as counsel for RWJBarnabas Health Inc. since the firm's prior advice to CarePoint Health on its use of COVID-19 relief funds is unrelated to the antitrust lawsuit currently playing out between the two companies, according to the firm.

  • February 05, 2025

    Activist Nominates 4 Director Candidates To Kenvue Board

    Activist investor Starboard Value LP on Wednesday unveiled its slate of four director candidates to be nominated to consumer products company Kenvue Inc.'s board of directors, saying that significant changes to the board are necessary to ensure the company is managed and overseen in a manner consistent with the best interests of its shareholders.

  • February 05, 2025

    Pa. Dept.'s Switch On Abortion Funding Leaves Court Unsure

    A Pennsylvania appellate court struggled Wednesday with how to handle a challenge to the state's ban on using Medicaid funding for abortions, after the state's health regulator switched sides to agree with the suing providers and the commonwealth's justices stopped Republican lawmakers from defending the ban.

  • February 04, 2025

    9th Circ. Revives FCA Suit Over Military Meds Deliveries

    The Ninth Circuit on Tuesday revived a whistleblower lawsuit accusing Express Scripts Inc. of defrauding the U.S. Department of Defense out of billions of dollars in unnecessary medications for military personnel, saying the lawsuit wasn't barred by any public disclosures of the alleged fraud.

  • February 04, 2025

    Tribe's IHS Debt Suit Cut But Overcollection Claims Remain

    A Nebraska federal judge partly tossed a tribe's amended suit challenging the Indian Health Service's contention that it overpaid the tribe by $3.2 million due to an administrative oversight, finding the tribe waited too long to sue, but he allowed claims alleging overcollection of the debt to continue.

  • February 04, 2025

    Judge Explains Biogen Class Cert. Ruling After 1st Circ. Order

    A Massachusetts federal judge on Tuesday said he was reminded of a grade school lesson in long division as he explained his reasoning behind granting class certification and cutting short the class period in a suit against drugmaker Biogen Inc. on the orders of the First Circuit.

  • February 04, 2025

    Calif. AG Gets $25M To Fund Legal Fights Against Trump

    The California Legislature greenlighted a $25 million cash infusion Monday for the state attorney general's office in a strategic effort to bolster the state's legal defenses against President Donald Trump's policy agenda, including anticipated challenges to immigration and environmental regulations.

  • February 04, 2025

    Trump Trans Care Order Usurps Congress' Power, Suit Says

    The Trump administration overstepped when it issued an executive order cutting off gender-affirming care for people under 19, a group of transgender adolescents, young adults and their families told a Maryland federal court Tuesday, arguing the president is trying to usurp Congressional authority by forcing federally funded hospitals to discriminate.

  • February 04, 2025

    McKesson Paying $850M For Top Stake In Eye Health Co.

    Irving, Texas, healthcare services company McKesson Corp. said Tuesday it had agreed to buy a controlling interest in PRISM Vision, an ophthalmology services provider, from private equity firm Quad-C for $850 million. 

  • February 04, 2025

    'Sloppy' Work Hurts Lab's $20.6M Insurance Suit, Judge Says

    A Connecticut federal judge said Tuesday that a contract lawsuit against insurer Aetna Inc. and its owner CVS Health Corp., seeking about $20.6 million in payment for laboratory services, seems to "suffer" from the fact that the plaintiff filed dozens of similar cases in short order.

  • February 04, 2025

    Docs Say DEA Didn't Put All Documents In Pot Hearing Record

    A group of doctors who had petitioned to halt the Drug Enforcement Administration's hearings on whether to reschedule cannabis under the Controlled Substances Act are asking the D.C. Circuit to order the agency to add documents to the record that they say have been wrongly excluded.

  • February 04, 2025

    4th Circ. Revives FCA Suit Alleging Faked Therapy Notes

    The Fourth Circuit on Monday sided with a whistleblower who accused her former employer of creating fake notes about addiction therapy sessions that never happened, finding that she had sufficiently detailed the allegations and connected the dots to defeat a motion to dismiss.

  • February 04, 2025

    Doctors Org. Sues Over Health Agency Website Purges

    An advocacy organization representing physicians sued the U.S. Office of Personnel Management in D.C. federal court Tuesday after it directed federal agencies to root out references to "gender ideology" on their websites — a move the physicians claim deprives doctors and researchers of needed information.

  • February 04, 2025

    Attys Seek $1.25M From Shuttered Nursing School Settlement

    Attorneys with the Connecticut boutique firm Hurwitz Sagarin Slossberg & Knuff LLC are seeking a 25% cut of a $5 million class action settlement for students whose career paths were sent spiraling by for-profit nursing school Stone Academy's sudden shutdown in February 2023.

  • February 04, 2025

    Javice's Texts About Elizabeth Holmes Not Fair Game For Trial

    Frank founder Charlie Javice's sympathetic texts about healthcare-sector fraudster Elizabeth Holmes won't be seen by the jury hearing charges that the education startup executive faked data to dupe JPMorgan into a $175 million acquisition, a Manhattan federal judge said Tuesday.

  • February 04, 2025

    Party-Line Vote Sends Kennedy's HHS Nomination To Senate

    Robert F. Kennedy Jr.'s nomination to be the nation's top healthcare official cleared a key confirmation hurdle on Tuesday, setting the stage for the anti-vaccine lawyer and activist to take the helm of the U.S. Department of Health and Human Services.

  • February 03, 2025

    Crowell & Moring Lands Former DOJ Assistant Chief For FCPA

    A former assistant chief in the U.S. Department of Justice's Foreign Corrupt Practices Act unit has joined Crowell & Moring LLP as a partner in the firm's white collar and regulatory enforcement group, according to an announcement made Tuesday.

  • February 03, 2025

    6th Circ. Axes $650M Judgment Against CVS, Walgreens

    The Sixth Circuit has vacated two Ohio counties' $650 million win against CVS Health, Walgreens and Walmart, an expected decision that comes after the Ohio Supreme Court found that the state's product liability law doesn't allow for public nuisance claims to be brought over the opioid crisis.

  • February 03, 2025

    Kochava Still Can't Get FTC Location Privacy Suit Thrown Out

    An Idaho federal judge on Monday again refused to throw out the Federal Trade Commission's suit accusing mobile app analytics provider Kochava Inc. of selling consumers' geolocation data without proper consent, ruling that nothing meaningful has changed since Kochava's previous dismissal bid.

  • February 03, 2025

    Apple Seeks Bench Trial Win In Masimo's Trade Secret Suit

    Apple Inc. urged a California federal judge Monday to issue a bench trial ruling that it didn't steal Masimo Corp.'s pulse oximetry technology for its smartwatches, arguing no actual trade secrets were at issue and that it used its own independently developed innovations to create the blockbuster product.

  • February 03, 2025

    5th Circ. Won't Revisit HHS Win On Scope Of ACA

    The Fifth Circuit has declined to conduct an en banc rehearing after an appellate panel upheld a U.S. Department of Health and Human Services rule that said the Affordable Care Act forbids against transgender bias in healthcare, but one judge argued the court got its analysis wrong.

  • February 03, 2025

    DOJ Poised To Prosecute Threat-Makers Against DOGE

    A federal prosecutor appointed by President Donald Trump offered Elon Musk his office's support to "protect" the work of the newly created Department of Government Efficiency headed by the billionaire businessman, including "legal action against anyone who impedes your work or threatens your people."

  • February 03, 2025

    Allergan Tells 4th Circ. Medicaid Pricing Suit Rightly Tossed

    Allergan told the Fourth Circuit that a district court judge was right to dismiss a whistleblower's claims that its predecessor overcharged Medicaid by not aggregating discounts, saying the Medicaid Rebate Statute doesn't require it to do so.

Expert Analysis

  • Planning Law Firm Content Calendars: What, When, Where

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    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.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    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.

  • What FCA Cases May Look Like In The Age Of Generative AI

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    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.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    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.

  • OSHA Workplace Violence Citation Highlights Mitigation Steps

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    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.

  • When Banks Unknowingly Become HIPAA Biz Associates

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    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.

  • The Regulatory Headwinds Facing Lab-Developed Tests

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    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.

  • 3 High Court Rulings May Shape Health Org. Litigation Tactics

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    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.

  • Opinion

    A New Way Forward For COVID Vaccine Lawsuit Immunity

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    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.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    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.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    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.

  • Why DOJ's Whistleblower Program May Have Limited Impact

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    The U.S. Department of Justice’s new whistleblower pilot program aims to incentivize individuals to report corporate misconduct, but the program's effectiveness may be undercut by its differences from other federal agencies’ whistleblower programs and its interplay with other DOJ policies, say attorneys at Milbank.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • Opinion

    DOL's Impending Mental Health Act Regs Should Be Simplified

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    The U.S. Department of Labor should consider revising these six issues in its forthcoming Mental Health Parity and Addiction Equity Act regulations to ease the significant compliance hurdles for group health plan sponsors, says Alden Bianchi at McDermott.

  • Parsing FY 2024 DOJ Criminal Healthcare Fraud Enforcement

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    While the U.S. Department of Justice's Criminal Division's strike force on healthcare fraud enforcement action shows an impressive doubling of criminal indictments, a closer look at the data offers important clues about underlying trends, including the comparably modest, accompanying increase in associated intended loss, say Roderick Thomas and Kathleen Cooperstein at Wiley.

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