Health

  • February 19, 2025

    LA Gardasil Trial Against Merck Bagged After 3 Weeks

    A Los Angeles state court trial over the alleged dangers of Merck & Co. Inc.'s human papillomavirus vaccine Gardasil was abruptly called off after three weeks of testimony, with a new panel of jurors slated to hear the case next fall instead.

  • February 19, 2025

    Local 11 Must Pay Health Fund's Atty Fees In Sanctions Fight

    An Illinois federal judge on Tuesday granted attorneys' fees in connection with work to file a sanctions motion against a union local in a federal benefits lawsuit against their multiemployer union health fund but reduced the total grant to about half of what was requested.

  • February 19, 2025

    Feds Urge Justices To Undo 5th Circ. Preventive Care Ruling

    The U.S. Department of Health and Human Services and other federal agencies urged the U.S. Supreme Court to reverse a Fifth Circuit decision that members of a task force setting preventive services coverage requirements under the Affordable Care Act were unconstitutionally appointed, arguing the HHS secretary retained sufficient oversight.

  • February 19, 2025

    BP Must Face Contract Claim In Bayer's $12M Benzene Suit

    BP can't escape claims that it breached its contract with a chemical supplier currently defending a $12 million lawsuit from Bayer over alleged benzene contamination in two antifungal sprays, an Illinois federal judge ruled on Tuesday.

  • February 19, 2025

    Blue Cross Of NC Finalizes $1.67M TCPA Deal Over Robocalls

    A North Carolina federal judge has given her final seal of approval to a $1.67 million settlement with Blue Cross and Blue Shield of North Carolina and a UnitedHealth Group unit over claims they inundated consumers with prerecorded calls without their consent.

  • February 19, 2025

    Fired Watchdogs 'Must Be Reinstated,' Senate Democrats Say

    Senate Minority Leader Chuck Schumer, D-N.Y., and 28 other Senate Democrats have filed an amicus brief to support a lawsuit by eight of the inspectors general fired by President Donald Trump.

  • February 19, 2025

    Simpson Thacher Adds Litigator, Private Funds Pro In Boston

    Simpson Thacher & Bartlett LLP has added a litigation attorney from Cooley LLP and a private funds attorney from Ropes & Gray LLP who will both work in Boston, the firm announced Wednesday.

  • February 19, 2025

    NC Nurse Practitioners Sue Over Commission-Only Pay

    A pair of North Carolina nurse practitioners accused the medical office they used to work for in Jackson County of only paying them commission for services rendered, not making up the difference when those commissions fell below minimum wage and failing to pay overtime.

  • February 18, 2025

    1st Circ. Backs Strict View Of Kickback Law In Blow To FCA

    In an eagerly awaited ruling, the First Circuit on Tuesday said a major avenue for False Claims Act enforcement requires proof that kickbacks directly changed treatment decisions, a holding that creates a lopsided circuit split as well as significant challenges for the U.S. Department of Justice and the plaintiffs bar.

  • February 18, 2025

    Health Net Pays $11.25M To Settle Cybersecurity FCA Claims

    Health Net and its parent Centene Corp. have reached an $11.25 million False Claims Act settlement to resolve allegations that the health plan administrator falsely certified compliance with cybersecurity requirements under a U.S. Department of Defense contract.

  • February 18, 2025

    Michigan's Top Doc Calls Informed Consent Law 'Cruel'

    Michigan's chief medical executive testified that making abortion seekers review parenting information before terminating a pregnancy is manipulative and even harmful during a trial over the viability of several Michigan laws regulating abortion care.

  • February 18, 2025

    Novo Nordisk Queues Up $830M Suit Over Disappointing Drug

    Novo Nordisk is set to initiate an $830 million arbitration claim in New York accusing Singaporean biopharmaceutical company KBP Biosciences of misleading the Danish drugmaker about the potential of a new hypertension drug it subsequently purchased, according to an order from a Singapore court made public on Tuesday.

  • February 18, 2025

    Policyholders Win Bid To Preserve Records For Antitrust Suit

    Insurance policyholders who accused Hartford HealthCare Corp. of violating antitrust and unfair trade practices in a Connecticut state court can intervene in a federal court lawsuit with similar claims against the hospital network to preserve records for their class action, a federal district judge has ruled a month after the federal suit settled.

  • February 18, 2025

    Convicted Pharma Exec Seeks Trial Redo, Citing Feds' Error

    A former pharmacy executive convicted on criminal charges over a healthcare scheme that defrauded the government of $160 million has urged a Texas federal court to grant him a new trial, arguing an admission of error by the federal government necessitates a redo.

  • February 18, 2025

    Bankruptcy Judge OKs Plan To Close NY Nursing Home

    A New York bankruptcy judge has said a 588-bed nursing home can shut its doors if the state's Department of Health will sign off on the debtor's plan to close the facility, after the company asked for permission as it faced mounting losses.

  • February 18, 2025

    Human Rights Atty Sees 'Serious Risks' Of Neural Data Abuse

    International human rights attorney Jared Genser spoke with Law360 Healthcare Authority about the "serious risks of misuse and abuse of neurotechnologies" that have led California and Colorado to expand their state consumer privacy laws in the last year to include neural data, with similar bills pending in Montana, Massachusetts and Illinois.

  • February 18, 2025

    Trump Issues Order Calling For Expanded IVF Access

    President Donald Trump signed an executive order Tuesday giving his administration 90 days to develop policy recommendations designed to protect access to in vitro fertilization and sharply reduce out-of-pocket costs for IVF treatment.

  • February 18, 2025

    DEA Skewed Pot Hearings Against Reform, DC Circ. Told

    A group of doctors who support easing federal marijuana restrictions told the D.C. Circuit Monday that the U.S. Drug Enforcement Administration stacked the deck against reform when it unilaterally drew up a list of participants allowed to testify at rulemaking hearings.

  • February 18, 2025

    ER Says 3rd Parties Allow For Accurate Blame In Injury Suit

    A Texas emergency room told state high court justices Tuesday that refusing to allow it to designate responsible third parties in a nurse's injury suit would create " a dramatic upheaval" by " not letting us blame who's really at fault" for the woman's back injury.

  • February 18, 2025

    Trump Trans Order Is Unconstitutional 'End-Run,' Judge Says

    A Washington federal judge has further explained her temporary block on President Donald Trump's executive order targeting funding for gender-affirming care for young people, saying the edict threatens a broad swath of congressionally approved research spending and "amounts to an end-run around the separation of powers."

  • February 18, 2025

    Steward Says Mass. Owes $22M For Withheld Patient Claims

    Steward Health Care has sued Massachusetts in Texas bankruptcy court to recover $22 million, which the insolvent hospital operator alleged it is owed for treating low-income patients in Massachusetts after the company filed for Chapter 11 relief.

  • February 18, 2025

    Feds Strike $29M Deal To Settle FCA Overpayment Claims

    Healthcare system SVCMC Inc. will pay $29 million to resolve allegations it held onto erroneous overpayments for medical services provided to retired military members and their families, the U.S. Department of Justice has said.

  • February 18, 2025

    State AGs Can't Yet Block Musk From Accessing Agency Data

    A Washington, D.C., federal judge on Tuesday denied a motion from 14 state attorneys general for an emergency order to stop Elon Musk and his Department of Government Efficiency from accessing data systems at seven federal agencies or enacting mass firings of those agencies' employees.

  • February 18, 2025

    White House Says City Can't Show Harm From Anti-DEI Orders

    The Trump administration urged a Maryland federal court Tuesday not to block its executive orders curtailing diversity, equity and inclusion programs, saying the city of Baltimore and other challengers hadn't shown any of their funding has been affected by the orders.

  • February 18, 2025

    Georgia Justices Revive Defamation Suit Against Atty

    An orthopedic surgeon in Georgia will get another chance to prove he was defamed by a defense attorney, after the Supreme Court of Georgia found a state appellate court mistakenly used the well-known "actual malice" standard to toss the case instead of the relevant state law standard.

Expert Analysis

  • How Boards And Officers Should Prep For New Trump Admin

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    In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.

  • Calif. Ruling May Shield Public Employers From Labor Claims

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    In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.

  • Health Policy Predictions For Trump's Second Administration

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    As President-elect Donald Trump's nominations for health policy and enforcement heads work their way through the confirmation process, healthcare organizations can look at nominee backgrounds, campaign statements and actions from Trump's previous presidency to predict incoming priorities, say attorneys at McDermott.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • What Trump's Next Term May Mean For Biz Immigration

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    Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.

  • Compliance Considerations Of DOJ Data Security Rule

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    Under the U.S. Department of Justice's proposed rule aiming to prevent certain countries' access to bulk U.S. sensitive personal data, companies must ensure their vendor, employment and investment agreements meet strict new data security requirements — or determine whether such contracts are worth the cost of compliance, say attorneys at Eversheds Sutherland.

  • Balancing Health Tech Advances And Clinical Responsibility

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    To maintain their clinical responsibilities and mitigate potential legal risk, health professionals should incorporate the benefits of new medical technology powered by artificial intelligence while addressing its risks and limitations, says Kathleen Fisher Enyeart at Lathrop GPM.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • Opinion

    Weak Reasoning Underlies Fla. Judge's Bold Qui Tam Ruling

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    U.S. District Judge Kathryn Mizelle's groundbreaking decision in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, holding that qui tam provisions of the False Claims Act are unconstitutional, relies on weak logic to reach a conclusion that differs from every other court that has ruled on the issue, says Ethan Greenberg at Anderson Kill.

  • When Investigating An Adversary, Be Wary Of Forged Records

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    Warnings against the use of investigators who tout their ability to find an adversary’s private documents generally emphasize the risk of illegal activity and attorney discipline, but a string of recent cases shows an additional danger — investigators might be fabricating records altogether, says Brian Asher at Asher Research.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • Medicare Overpayment Rules Are A Mixed Bag For Providers

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    The Centers for Medicare & Medicaid Services' updated rules for handling agency overpayments adopt a more reasonable definition of what it means to have "identified" an overpayment, which is a win for providers, but their new time frame for investigating related overpayments is unrealistic, says Susan Banks at Holland & Knight.

  • Navigating Decentralized Clinical Trials With FDA's Guidance

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    The U.S. Food and Drug Administration's recently finalized guidance on conducting decentralized clinical trials, while not legally binding, can serve as a road map for sponsors, investigators and others to ensure trial integrity and participant safety, say attorneys at Phillips Lytle.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Expect More State-Level Scrutiny Of Noncompetes Ahead

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    Despite the nationwide injunction against the Federal Trade Commission’s noncompete ban, and the incoming Republican administration, employers should anticipate that state legislatures will continue to focus on laws that limit or ban noncompetes, including those that target certain salary thresholds or industries, says Benjamin Fryer at FordHarrison.

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