Health

  • December 06, 2024

    4 Big Developments In ERISA Cases From 2nd Half Of 2024

    The Sixth Circuit reopened a retirement plan mismanagement suit against Parker-Hannifin Corp. and revived a manufacturing company worker's disability benefits bid, while the nation's highest court declined to review a plan trustee's unsuccessful attempt to force an employee stock sale dispute into arbitration. Here, Law360 looks at four recent decisions in Employee Retirement Income Security Act cases that benefits attorneys should know.

  • December 06, 2024

    Philips Medical Monitoring Deal, $4.8M Fees Get Final OK

    A Pennsylvania federal judge on Thursday gave the final OK on a $25 million settlement in medical monitoring claims in multidistrict litigation stemming from a recall of ventilator machines by Koninklijke Philips NV and American subsidiaries.

  • December 06, 2024

    Taxation With Representation: Skadden, Gibson Dunn

    In this week's Taxation With Representation, BlackRock buys HPS Investment Partners, TreeHouse Foods Inc. buys Harris Tea, Aya Healthcare acquires Cross Country Healthcare, and Bruin Capital launches a soccer representation business.

  • December 06, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen Burberry file a copyright claim against discount store B&M, the former owner of Charlton Athletic file a debt claim against the football club, and British Airways and the U.K. government face a class action brought by flight passengers taken hostage at the start of the First Gulf War. Here, Law360 looks at these and other new claims in the U.K.

  • December 05, 2024

    Fed. Circ. Grapples With Injunctions On Eylea Biosimilars

    Regeneron Pharmaceuticals Inc. faced a two-pronged challenge before a Federal Circuit panel Thursday as two companies sought to undo a court order prohibiting them from releasing their biosimilar versions of Regeneron's Eylea eye medication.

  • December 05, 2024

    IP Forecast: PTAB To Hear Pfizer Fight Over COVID-19 Patents

    Pfizer heads to an administrative board at the U.S. Patent and Trademark Office next week to argue Moderna should not have been issued patents covering "a basic idea" like using mRNA to fight the COVID-19 virus. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.

  • December 05, 2024

    Netflix Can't Get Midtrial Win In 'Our Father' Case

    An Indiana federal judge on Thursday rejected Netflix's midtrial bid to escape a suit accusing it of negligently revealing the identities of the biological children of a rogue fertility doctor in the "Our Father" documentary, saying there was sufficient evidence for the jury to consider.

  • December 05, 2024

    Fla. Labs Say Cigna's Trial 'Confession' Erases $7.3M Verdict

    Three Florida drug testing laboratories have urged a Connecticut federal court to undo a $7.3 million jury verdict for Cigna Health and Life Insurance Co. over unjustified billings, arguing a new trial is warranted after the insurer allegedly made a "confession" during opening statements that it wasn't seeking damages for itself.

  • December 05, 2024

    Providers' $2.8B BCBS Antitrust Deal Gets Judge's Initial OK

    An Alabama federal judge has given his initial approval for a $2.8 billion settlement inked between Blue Cross Blue Shield Association and a proposed class of medical providers in a more than 12-year-old antitrust case targeting association rules.

  • December 05, 2024

    Gov't Efficiency Push Is A 'New Day,' House Speaker Says

    House Speaker Mike Johnson, R-La., spoke excitedly Thursday about the new government efficiency operation helmed by billionaire Elon Musk and former presidential candidate Vivek Ramaswamy and touted the budding bipartisan lineup of a congressional caucus that will work with it.

  • December 06, 2024

    FINRA Fines Firm $900K Over SPAC Underwriting Fee Issues

    The Financial Industry Regulatory Authority has fined New York-based LifeSci Capital LLC nearly $1 million over claims that it received and failed to disclose unfair and unreasonable fees for an initial public offering it underwrote.

  • December 05, 2024

    Pain Management Clinic Fined $1.19 Million for HIPAA Breach

    The U.S. Department of Health and Human Services has fined a Florida pain management clinic $1.19 million for alleged HIPAA violations involving a former contractor that impermissibly accessed the clinic's electronic record system.

  • December 05, 2024

    Quest Ex-Workers Ask 3rd Circ. To Revive 401(k) Suit

    Ex-workers for Quest Diagnostics Inc. urged the Third Circuit to revive their suit alleging mismanagement of their $5 billion 401(k) retirement plan, arguing a lower court shouldn't have handed Quest an early win on claims the company failed to properly monitor investment offerings.

  • December 05, 2024

    Atlanta VA Surgeon Botched Routine Hysterectomy, Suit Says

    A patient at the Joseph Maxwell Cleland Atlanta VA Medical Center has sued the government in Georgia federal court over claims that a doctor at the facility negligently stitched her bowel wall to her vaginal wall during a routine laparoscopic hysterectomy and disregarded signs of serious complications in the surgery's aftermath.

  • December 05, 2024

    SpaceX Seeks Astronomical $350B Value, And More Rumors

    SpaceX is in discussions for a transaction that could value the rocket and spacecraft maker at about $350 billion, the private equity owner of Crunch Fitness could sell the health club at a $1.5 billion value, and the management group looking to buy the Japanese owner of 7-Eleven may launch an IPO. Here, Law360 breaks down these and other notable deal rumors from the past week.

  • December 05, 2024

    IQVIA Gets Final OK For $3.5M Deal In Ex-Workers' 401(k) Suit

    A North Carolina federal judge on Thursday gave his final seal of approval to a $3.5 million settlement for a class of 9,000 employees who accused healthcare technology company IQVIA of mismanaging its $1.13 billion 401(k) plan.

  • December 05, 2024

    Medical Pot Group Sues NY Over New $20M Licensing Fee

    The New York Medical Cannabis Industry Association Inc. is suing the state's cannabis regulators, saying a new $20 million fee to convert operators' licenses from medical to adult use is an unconstitutional and punitive tax aimed at keeping them out of the adult-use market.

  • December 04, 2024

    Withers IP Partners Hop To Sullivan & Worcester

    Sullivan & Worcester LLP has said the Boston firm picked up a team of five intellectual property lawyers, including two partners, from Withers who have expertise in filing patents and working on deals for biotech startups. 

  • December 04, 2024

    9th Circ. Keeps Block Of Idaho AG's Abortion Ban Stance

    The Ninth Circuit notched a win for Idaho doctors Wednesday, upholding a temporary block preventing Idaho's attorney general from enforcing his interpretation of the state's abortion ban that he said prohibits doctors from referring women across state lines to receive abortion care. 

  • December 04, 2024

    Jackson's 'Quite Worried' About Equal Protection Precedent

    The U.S. Supreme Court's Republican-appointed justices' apparent willingness Wednesday to rule that a Tennessee law banning gender-affirming healthcare for transgender minors didn't rely on sex-based classifications worried Justice Ketanji Brown Jackson, who warned that such a decision would undermine decades of the court's equal protection clause precedent.

  • December 04, 2024

    Yelp Blasts Paxton's Anti-Abortion Center Suit As 'Bad Faith'

    Yelp is urging the Ninth Circuit to revive its bid to block Texas Attorney General Ken Paxton's lawsuit alleging the review service misinformed users with disclaimers about limited medical services at crisis pregnancy centers, arguing Wednesday it should've been allowed to pursue discovery to show Paxton sued in bad faith.

  • December 04, 2024

    7th Circ. Asks If Feds Went Too Far In $25M Kickback Case

    The Seventh Circuit questioned where it should draw the line between "perfectly legal" and improper marketing conduct Wednesday as it considered vacating a medical equipment pharmacy owner's conviction for running an alleged $25 million kickback scheme with a patient-leads broker.

  • December 04, 2024

    Colo. Co.'s Alleged Kickback Scheme Ends In $2M Settlements

    A Colorado neuromonitoring company, its founder and two others have agreed to pay more than $2 million to end a False Claims Act lawsuit alleging they participated in a kickback scheme to get surgeons to order neuromonitoring services covered by federal programs.

  • December 04, 2024

    DEA Judge Sets Pot Rescheduling Hearings

    The Drug Enforcement Administration will kick off six weeks of hearings in late January on the merits of the attorney general's proposal to loosen restrictions on marijuana, an agency administrative law judge said Wednesday.

  • December 04, 2024

    Aya Healthcare Buys Fla. Peer Cross Country In $615M Deal

    Talent software and staffing company Aya Healthcare, steered by Procopio, will acquire Davis Polk & Wardwell-guided Cross Country Healthcare in an $18.61-per-share cash transaction worth roughly $615 million that will take the company private, according to a Wednesday statement.

Expert Analysis

  • What Drug Cos. Must Know About NY Price Transparency Law

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    Drug manufacturers must understand the contours of New York's recently implemented law requiring self-reporting of drug price increases, as well as best practices for compliance and challenges against similar laws in other states, say Elizabeth Bierut and Angie Garcia at Friedman Kaplan.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • Whistleblowers Must Note 5 Key Differences Of DOJ Program

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    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.

  • The Licensure Landscape For Psychedelics Manufacturers

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    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.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    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.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    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.

  • 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.

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