More Healthcare Coverage

Expert Analysis

• Employer Drug-Testing Policies Must Evolve With State Law

  

  As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.

• Is This Pastime A Side-Gig? Or Is It A Hobby?

  

  The recent U.S. Tax Court decision in Sherman v. Commissioner offers important reminders for taxpayers about the documentation and business practices needed to successfully argue that expenses can be deducted as losses from nonhobby income, says Bryan Camp at Texas Tech.

• Blunders That Made 'Bakked' Cannabis TM Go Up In Smoke

  

  The Trademark Trial and Appeal Board’s recent denial of National Concessions Group’s application to register the mark “BAKKED” illustrates mistakes that cannabis companies must be wary of in pursuing federal registration as examiners may look beyond the four corners of an application, say attorneys at Seyfarth.

• Challenging Gov't Use Of Nontraditional White Collar Tools

  

  As the government prosecutes white collar cases with an ever-increasing reliance on nontraditional tools — including wiretaps, cooperating witnesses and racketeering charges — defense attorneys must understand how to mount effective defenses against such tools, say Glenn MacKinlay and Dean Elwell at McCarter & English.

• Top 5 Privacy Cases To Watch, From Chatbots To Geolocation

  

  Litigation related to privacy law violations has been on the rise recently, and while some judges have pushed back on the novel theories set forth by plaintiffs, new privacy cases are launched almost every day, including notable ones on topics ranging from chatbots to geolocation, say Sushila Chanana and Rodolfo Rivera Aquino at Farella Braun.

• When Is AI Development 'Research' Under HIPAA?

  

  Using protected health information to develop or improve artificial intelligence often involves navigating the Health Information Portability and Accountability Act Privacy Rule, raising significant questions surrounding when AI development potentially qualifies as research under HIPAA, say Adam Greene and Rebecca Williams at Davis Wright.

• Defense Counsel Sentencing Lessons From Holmes Case

  

  The recent imprisonment of Theranos founder Elizabeth Holmes highlights fundamental but sometimes overlooked sentencing practice points for white collar defense attorneys, from instilling a sense of narrative urgency in court submissions to researching potential prison facilities, says Jack Sharman at Lightfoot Franklin.

• Wash. Health Privacy Bill May Affect Cos. Across Industries

  

  Washington’s recently enacted My Health My Data Act — a comprehensive privacy framework for companies that handle consumer health — will likely apply to companies outside the state and the health care industry, and may result in more privacy litigation than we have seen under any other state privacy statute to date, says Jenny Colgate at Rothwell Figg.

• Case Law Is Mixed On D&O Coverage For Gov't Investigations

  

  As the Fourth Circuit’s recent decision in Brown Goldstein v. Federal Insurance Co. demonstrates, federal appeals courts take different approaches to determine whether government investigations are covered by directors and officers liability insurance, so companies and individuals must review their policy language, say Chloe Law, Jan Larson and Caroline Meneau at Jenner & Block.

• ALI's Medical-Monitoring Proposal May Encourage Claims

  

  If the American Law Institute's Third Restatement of Torts is updated to embrace a minority view regarding claims for medical monitoring in the absence of present bodily harm, it would raise a number of troubling issues and accelerate the already rising rate of such claims, say attorneys at K&L Gates.

• Preparing For FDA's Surprise Foreign Drug Inspection Regime

  

  Foreign drug manufacturers face an increased likelihood of unannounced inspections under a recently expanded U.S. Food and Drug Administration pilot program, so they should take several steps to prepare — or face the risk of an import alert blocking their product from the U.S. market, say attorneys at Ropes & Gray.

• SuperValu's Lesson: Always Be Building An FCA Defense

  

  The recent U.S. v. SuperValu decision confirming that scienter is an essential element of False Claims Act liability should motivate government contractors to prepare for allegations of material misrepresentation by building a record of their honorable efforts toward regulatory compliance, say David Resnicoff and Andrew Patton at Riley Safer.

• Next Steps For Ill. Tort Defendants After Cotton V. Coccaro

  

  While an Illinois appeals court's ruling in Cotton v. Coccaro recently upheld the constitutionality of the state's law imposing prejudgment interest in personal injury and wrongful death actions, defendants can still raise constitutional challenges to the law pending Illinois Supreme Court review, says Melissa Murphy-Petros at Wilson Elser.