Policy & Compliance

  • March 27, 2024

    Healthcare In Court: FDA To Cut 'You Are Not A Horse' Posts

    Much of the healthcare bar has been focused in the last week on a challenge at the U.S. Supreme Court to the FDA's handling of abortion medication. But there was plenty of other healthcare news coming out of the courts.

  • March 26, 2024

    Texas Abortion Ban Still A Puzzle In Med Board Rule

    A new rule proposed by a Texas medical oversight board expands recordkeeping requirements for doctors who treat women during a pregnancy health crisis, experts say, while doing little to clarify the murky legal landscape around the state's strict abortion ban.

  • March 26, 2024

    Ex-Veterans Home Leaders Resolve Landmark COVID-19 Case

    The former leaders of a Massachusetts veterans facility charged in the first pandemic-related criminal neglect case against a nursing home operator resolved the charges Tuesday with separate statements of admission, acknowledging they could be found guilty if they stood trial.

  • March 26, 2024

    Nelson Mullins Expands DC Team With DOJ Fraud Atty

    Nelson Mullins Riley & Scarborough LLP has hired a nearly nine-year veteran of the U.S. Department of Justice who joins the firm in Washington, D.C., to continue her practice counseling clients on related government investigations.

  • March 26, 2024

    High Court Wary Of Bid To Limit Abortion Pill Access

    The U.S. Supreme Court seemed skeptical Tuesday of efforts by anti-abortion groups to severely limit access to the abortion medication mifepristone, with several justices appearing unconvinced that the groups had the right to sue over the Food and Drug Administration's regulation of the pill.

  • March 26, 2024

    Hurdles Ahead For Calif. Mental Health Bond After Narrow Win

    An ambitious ballot measure meant to address California's homelessness crisis may open up new business opportunities for healthcare providers, ease overcrowding in emergency rooms and inspire other states to follow suit. But it will likely bring less-welcome results as well.

  • March 25, 2024

    J&J Exec 'Shocked' Over Atty's Ties With Talc Plaintiffs

    Johnson & Johnson's vice president of litigation said on Monday he was "utterly shocked and appalled" upon learning an attorney who served as the company's outside counsel was working with its adversary Beasley Allen Law Firm and one of its attorneys in litigation over the alleged link between the company's talcum powder products and ovarian cancer.

  • March 25, 2024

    Amgen Sues Colorado After Drug's 'Unaffordable' Rating

    Amgen has sued the Colorado Prescription Drug Affordability Review Board in federal court after receiving a determination that one of its arthritis drugs is "unaffordable," saying the board is using unconstitutionally "unguided discretion" to impose arbitrary price controls on patent-protected drugs.

  • March 25, 2024

    IHS Fears Budget Cuts Over Tribal Healthcare Funding Case

    Federal government attorneys told the U.S. Supreme Court on Monday that Indian Health Services might be forced to cut its budget by 40% if two Native American tribes prevail in their bids to uphold rulings that ordered they be reimbursed millions in administrative healthcare costs.

  • March 25, 2024

    What To Watch As Opioid Litigation Goes To Ohio High Court

    The Ohio Supreme Court on Tuesday will become only the second state high court to hear oral arguments on whether the opioid epidemic is a public nuisance, the controversial legal theory underpinning numerous suits across the country including a $650 million award that two Ohio counties won against Walmart, CVS and Walgreens.

  • March 25, 2024

    FTC Intervenes In Teva-Amneal Row To Push Patent Delisting

    The Federal Trade Commission waded into another patent fight Friday with a New Jersey federal court amicus brief targeting the same Teva Pharmaceuticals asthma inhaler patents it has already included in a roster of over 100 it believes were improperly listed in a key federal database.

  • March 22, 2024

    Gilead's Win Upheld In Billion-Dollar HIV Drug Patent Case

    A Delaware federal judge on Friday largely upheld a jury's verdict rejecting the government's potentially billion-dollar claim that Gilead Sciences Inc. infringed patents covering HIV drugs, ruling that the jury was correct in finding Gilead didn't cause doctors and patients to infringe.

  • March 22, 2024

    Feds Urge Justices To Reject Idaho's Abortion Ban Revival Bid

    The federal government said Idaho is pushing inconsistent positions on healthcare law as it tries to reinstate its abortion prohibition, telling the U.S. Supreme Court that the state still hasn't clearly articulated when it thinks abortions are federally required to save a person's life.

  • March 22, 2024

    Up Next At High Court: Abortion, Jury Trials And Estate Tax

    The U.S. Supreme Court will hear oral arguments this week over the U.S. Food and Drug Administration's decision expanding access to popular abortion pill mifepristone as well as whether juries should determine a defendants' eligibility for repeat offender enhanced sentencing under the Armed Career Criminal Act and how long federal employees have to appeal adverse employment decisions.

  • March 22, 2024

    High Court Mifepristone Battle Goes Beyond Abortion

    The first major abortion battle to reach the U.S. Supreme Court since the Dobbs decision is about a lot more than abortion.

  • March 22, 2024

    Ex-Ga. Insurance Head Cops To Healthcare Kickback Scheme

    Former Georgia Insurance Commissioner John Oxendine pled guilty Friday to working with an Atlanta-area doctor to run a multimillion-dollar medical testing kickback scheme just weeks before he was set to face trial in federal court.

  • March 22, 2024

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

    This past week in London has seen the BBC and Wall to Wall Media hit with a passing off lawsuit by musician BOSSIIE, Poundland parent company Pepco Group file a commercial fraud claim against several mobile network giants, family law specialists Alexiou Fisher Philipps LLP start proceedings against former oil trader Michael Prest, and a transgender lawyer file a libel claim against a blogger. Here, Law360 looks at these and other new claims in the U.K.

  • March 21, 2024

    5th Circ. Backs FDA's Vivid Warnings Of Cigarette Dangers

    Government mandated text warnings and graphic images on cigarette packs to advertise the health risks of smoking do not violate the free speech rights of R.J. Reynolds Tobacco Co. and other cigarette manufacturers, the Fifth Circuit ruled Thursday, saying the warnings are "factual and uncontroversial" and pass constitutional muster.

  • March 21, 2024

    Ill. Judge Leaves Outcome Health Execs' Convictions Intact

    An Illinois federal judge said Thursday that he wouldn't disturb three former Outcome Health executives' convictions for carrying out a massive billion-dollar fraud scheme to grow their health advertising business, saying the jury heard enough evidence to support its verdict.

  • March 21, 2024

    Wash. Judge Says Debt Collector Owes $827K For Violations

    A Washington state judge has ordered a medical debt collector to pay more than $827,000 in penalties for failing to include certain debtor's rights information in collection notices sent to tens of thousands of Washingtonians for outstanding balances tied to Providence Health & Services hospitals.

  • March 21, 2024

    Cigna Slams Suit's Claims Of Algorithm-Led Coverage Denials

    Insurance giant Cigna Group wants a Connecticut federal court to toss a proposed class action alleging that an algorithm unlawfully rejected hundreds of thousands of claims en masse and without a proper review, arguing the suit is based on a "misleading" news article and shows a misunderstanding of the health insurer's claim denial process.

  • March 21, 2024

    Healthcare Co. Beats Suit Over TDF Funds' Performance

    A California federal judge granted a win to a healthcare company and its investment adviser in a class action challenging what former workers claim are shoddy target-date-funds included in the company's 401(k) plan, saying the funds at issue performed better than comparable investments.

  • March 21, 2024

    Business Coalition Rebuffs Biden Plan To Seize Drug Patents

    The Biden administration's proposal to exercise so-called march-in rights to seize drug patents would harm innovation in the U.S., according to an assemblage of business-focused groups.

  • March 21, 2024

    6th Circ. Doubtful Of Hospital Workers' Vax Exemption Claim

    A Sixth Circuit panel appeared skeptical Thursday of an argument from a class of former employees of Ohio Children's Hospital that their First Amendment rights to freedom of religion were violated under the hospital's COVID-19 employee vaccination policy.

  • March 21, 2024

    Mo. Hospital Stopped Recognizing SEIU Too Soon, NLRB Says

    A Missouri hospital violated federal labor law by withdrawing recognition from a Service Employees International Union affiliate after workers voted to oust it rather than waiting until the decertification election results were certified, the National Labor Relations Board has ruled, upholding a board judge's finding.

Expert Analysis

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • Avoid Telehealth Pitfalls In A Post-Pandemic Environment

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    As federal and state governments roll out various changes to regulation of telehealth services, health practitioners should remain vigilant and ensure that necessary professional standards — such as proper note-taking and documentation — are not neglected in a remote environment, say attorneys at Kaufman Borgeest.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • 8 Ways Life Sciences Cos. Can Adapt To The Social Media Era

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    As pharmaceutical and medical device companies harness the powerful promotion potential of social media, they must navigate legal, regulatory and reputational risks that can be particularly challenging due to the complex framework of rules that apply to the life sciences industry, say attorneys at Troutman Pepper.

  • FTC Settlements Widen Efforts To Shield Health Data

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    The Federal Trade Commission's recent enforcement actions aim to send a clear message that companies using tracking technologies should carefully monitor the sharing of sensitive data, particularly in the mental health, substance use disorder treatment and reproductive health care fields, say attorneys at Choate.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • HHS Neuromonitoring Advisory May Have Broad Relevance

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    The Health Department Office of Inspector General's recent advisory opinion rejecting a neuromonitoring service's proposal for a shell arrangement isn't surprising, but it could be a harbinger of more warnings against problematic joint venture arrangements to come, says Mary Kohler at Kohler Health Law.

  • Potential Marijuana Status Change Would Shift Industry Risks

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    Cannabis companies and their insurers should pay close attention to how the U.S. Department of Health and Human Services' move toward marijuana reclassification plays out, and the potential for a shakeup in the landscape for cannabis regulation at the state and federal levels, says Ian Stewart at Wilson Elser.

  • Merger Proposals Reflect Agency Leaders' Antitrust Principles

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    Attorneys at Covington trace the recently proposed Hart-Scott-Rodino and merger guidelines changes to certain foundational concerns of the Federal Trade Commission and U.S. Department of Justice Antitrust Division leadership, including issues related to concentration associated with horizontal and vertical mergers.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • A Look At The Tribal Health Reimbursements Circuit Split

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    A circuit split regarding whether Native American tribes are entitled to contract support costs on health care services paid by third-party revenues sets the stage for potential review by the U.S. Supreme Court, and could result in the Indian Health Service paying hundreds of millions more in much-needed funding to tribal health programs, say Geoffrey Strommer and Steve Osborne at Hobbs Straus.

  • What Big Tobacco's Cannabis Investments Mean For Market

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    The tobacco industry appears to be shoring up investments in the cannabis market, most recently with Philip Morris’ purchase of an Israeli cannabis tech company, pointing to a bright future for vaped and noncombustible products, and signaling that marijuana rescheduling may be on the horizon, say Slates Veazey and Whitt Steineker at Bradley Arant.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.