Health

  • 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.

  • March 10, 2025

    Ex-Magellan CEO Pleads Guilty Over Faulty Lead Tests

    The former CEO of Magellan Diagnostics Inc. admitted Monday to selling faulty devices that tested blood lead levels, the final of three defendants to plead guilty ahead of a jury trial scheduled for April.

  • March 10, 2025

    Justices To Weigh If Del. Expert Law Applies In Federal Court

    The U.S. Supreme Court on Monday agreed to review whether federal courts must apply a Delaware state law requiring an expert affidavit for all medical malpractice complaints.

  • March 07, 2025

    FDA Can Take Eli Lilly Weight Loss Drug Off Shortage List

    A Texas federal judge has refused to issue an injunction that would allow compounding pharmacies to produce a lucrative weight loss drug, ruling that the U.S. Food and Drug Administration was within its authority when it removed the medication from the drug shortage list.

  • March 07, 2025

    Orlando Health Can't Duck Suit Over Sharing Of Patients' Data

    A Florida federal judge has refused to release Orlando Health Inc. from a proposed class action accusing it of unlawfully sharing patients' private information with Meta Platforms and Google through ad tracking software, allowing several wiretap and contract claims to proceed while axing a single invasion of privacy allegation.

  • March 07, 2025

    Contractor Can't Bury Medical Marijuana Discrimination Suit

    A Pennsylvania federal judge on Friday denied a Cleveland construction company's bid to escape a prospective employee's suit alleging that the company violated Pennsylvania's medical cannabis law when it rescinded his job offer, saying there are questions of fact about whether he would have been able to do the job.

  • March 07, 2025

    AGs Say Anti-Trans Admin Puts $367M Hospital Grants At Risk

    Attorneys general from Washington and three other states told a federal court that the Trump administration has canceled thousands of dollars in grant funding for gender-affirming care — and threatened to strip up to nearly $370 million more — in violation of court injunctions.

  • March 07, 2025

    Hints Of A New High Court Majority Emerge In Trump Cases

    The U.S. Supreme Court's recent rejection of President Donald Trump's bid to keep frozen nearly $2 billion in foreign aid funding gave court watchers a glimpse of a coalition majority that could end up thwarting some of the president's more aggressive and novel attempts to expand executive power.

  • March 07, 2025

    Immigration Lawyers Sue Feds Over Surprise Form Changes

    The American Immigration Lawyers' Association and Benach Collopy LLP sued U.S. Citizenship and Immigration Services in D.C. federal court on Friday, saying the agency abruptly revised 10 forms to eliminate gender markers without prior warning.

  • March 07, 2025

    Ohio, PBMs Say High Court Ruling Didn't End Pricing Appeal

    Ohio state enforcers have told the Sixth Circuit an appeal in their case accusing Express Scripts and Prime Therapeutics of driving up prescription drug prices was not resolved by a U.S. Supreme Court decision dealing with federal versus state jurisdiction.

Expert Analysis

  • NIH Cuts To Indirect Costs May Stifle IP Generation

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    Although currently blocked by a preliminary injunction, the National Institutes of Health's new policy to cut down on indirect cost funding creates challenges for university research projects, and may hamper the development of intellectual property — which is considered an indirect cost — for years to come, say attorneys at Snell & Wilmer.

  • Recent Cases Clarify FCA Kickback Pleading Standards

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    Two recently resolved cases involving pharmaceutical manufacturers may make it more difficult for False Claims Act defendants facing kickback scheme allegations to get claims dismissed for lack of evidence, say Li Yu at Bernstein Litowitz, Ellen London at London & Noar, and Gregg Shapiro at Gregg Shapiro Law.

  • Opinion

    Antitrust Analysis In Iowa Pathologist Case Misses The Mark

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    An Iowa federal court erred in its recent decision in Goldfinch Laboratory v. Iowa Pathology Associates by focusing exclusively on market impacts and sidestepping key questions that should be central to antitrust standing analysis, says Daniel Graulich at Baker McKenzie.

  • Opinion

    State FCAs Should Cover Local Fund Misuse, State Tax Fraud

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    New Jersey and other states with similar False Claims Acts should amend them to cover misappropriated municipal funding, and state and local tax fraud, which would encourage more whistleblowers to come forward and increase their recoveries, says Kenneth Levine at Stone & Magnanini.

  • Anticipating Calif. Oversight Of PE Participation In Healthcare

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    A new bill recently introduced in the California Senate revives last year's attempt to increase oversight of healthcare transactions involving private equity groups and hedge funds, meaning that attorneys may soon need to assess the compliance status of existing management relationships and consider modifying contract terms, says Andrew Demetriou at Husch Blackwell.

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

    Excerpt from Practical Guidance
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    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • White Collar Archetypes: Wrangling The Shape-Shifter

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    In white collar criminal trials, certain pieces of evidence can shape-shift in the jury’s eyes, presenting both challenges and opportunities for defense counsel, says Jack Sharman at Lightfoot Franklin.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

  • Considering The Future Of AI Regulation On Health Sector

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    As Texas looks to become the next state to pass a comprehensive law regulating artificial intelligence, the healthcare industry should consider how AI regulation will continue to evolve in the U.S. and how industry members can keep up with compliance considerations, say attorneys at Kirkland & Ellis.

  • What To Expect From 'Make America Healthy Again' Actions

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    The Make America Healthy Again Commission recently established by President Donald Trump and chaired by Robert F. Kennedy Jr. will potentially bring energy and attention to important public health topics, and stakeholders should be aware of pathways for sharing their input and proactively informing proceedings, says Nicholas Manetto at Faegre Drinker.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • What's At Stake In High Court's Class Member Standing Case

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    The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.

  • How Citizen Petitions Have Affected Drug Competition

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    In light of recent citizen petitions and proposed legislation regulating such petitions, Omar Robles at Managing Health analyzes the statistics of the extent to which citizen petitions have been filed, and to what extent they have delayed competition in prescription pharmaceuticals.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • Drug Kickback Ruling Will Make FCA Liability Harder To Prove

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    The First Circuit's ruling in U.S. v. Regeneron Pharmaceuticals, requiring the government to prove but-for causation to establish False Claims Act liability based on violations of the Anti-Kickback Statute, raises the bar for FCA enforcement and deepens a circuit split that the U.S. Supreme Court may need to resolve, say attorneys at Baker Donelson.

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