Health

  • April 03, 2025

    Baker Donelson Elevates Health Law And Public Policy Heads

    Three Baker Donelson Bearman Caldwell & Berkowitz PC shareholders have been tapped for leadership roles within the firm's national health law and public policy department.

  • April 03, 2025

    Diageo GC Resigns For Top Legal Role At Thermo Fisher

    The general counsel at Diageo PLC will depart the British spirits maker for a similar position at biotechnology company Thermo Fisher Scientific Inc., he announced in a LinkedIn post.

  • April 02, 2025

    5 Fed. Circ. Clashes To Watch This Month

    The Federal Circuit will hear arguments this month in patent cases involving Moderna's COVID-19 vaccine and a blockbuster Johnson & Johnson schizophrenia drug, and the court will itself be the subject of a case at another appeals court as Judge Pauline Newman seeks to end her suspension.

  • April 02, 2025

    NIH Sued By Researchers Over 'Ideological Purge' On Grants

    The American Public Health Association and others sued the federal government in Massachusetts federal court on Wednesday over the cancellations of billions of dollars worth of National Institutes of Health research grants on such issues as gender identity, diversity, vaccine hesitancy and climate change, claiming the "ideological purge" is illegal.

  • April 02, 2025

    GoodRx, PBM Price-Fixing MDL Set In Rhode Island

    The Judicial Panel on Multidistrict Litigation on Wednesday consolidated in Rhode Island litigation alleging that GoodRx conspired with pharmacy benefit managers, including CVS Caremark and Express Scripts, to suppress reimbursements to independent pharmacies for dispensing generic prescription medications.

  • April 02, 2025

    Fla. Panel Finds Rehab Center Owed Duty To Released Patient

    A Florida state appellate court on Wednesday ruled that a Miami substance abuse treatment facility owed a duty of care to an involuntarily committed patient who was discharged for rule violations and later died of an overdose, finding the manner in which he was released went against regulations.

  • April 02, 2025

    Congress Demands VA Update Health Record System Costs

    A bipartisan group of congressional leaders has sent a letter demanding that the U.S. Department of Veterans Affairs update its schedule and cost estimate for its problem-ridden, multibillion-dollar electronic health record modernization program, just as the VA announced it would roll out the system to nine additional sites in 2026.

  • April 02, 2025

    Yom Kippur Claim Can't Ax $4M Med Mal Award, Panel Says

    The Pennsylvania Superior Court refused Wednesday to overturn a $4 million trial judgment against an osteopathic physician over a patient's heart attack, saying the doctor waited "until the eleventh hour" to request a Yom Kippur trial continuance that was denied.

  • April 02, 2025

    Serial Acquisitions Are Still On The FTC's Radar

    The previous administration's focus on private equity firms making serial acquisitions in the same industry may continue under the Federal Trade Commission's new leadership, an agency official said Wednesday.

  • April 02, 2025

    Sotomayor Seems Wary Of 'Magic Words' For Medicaid Rights

    The U.S. Supreme Court's liberal bloc on Wednesday bristled at the notion that "magic words" were necessary to cement a public insurance program recipient's right to sue, suggesting that a private right of action is inherent in the Medicaid Act's provider choice provision.

  • April 02, 2025

    5th Circ. Asks If Miss. Discount Drug Law Is Constitutional

    A Fifth Circuit panel struggled to untangle a Mississippi state law requiring drugmakers to distribute products to pharmacies at a discount, asking Wednesday whether the law unconstitutionally deprives drugmakers of their right to decide what they do with their property.

  • April 02, 2025

    With Dems Fired, GOP Recused, FTC Pauses PBMs Case

    The Federal Trade Commission has stayed its insulin price-fixing case against pharmacy benefit managers for more than three months, saying it does not have any commissioners to hear it after two Republican members recused themselves and the two Democratic commissioners were removed from their posts by President Donald Trump last month.

  • April 02, 2025

    Zoll Gets Parts Of Data Breach Class Action Tossed

    A Massachusetts federal judge released Zoll Medical Corp. from some claims brought by a proposed class of medical device customers whose personal data was released after two ransomware attacks, but kept alive claims of negligence, unjust enrichment and others.

  • April 02, 2025

    CVS Asserts DOJ's Opioid Prescription Suit Lacks Facts

    CVS Pharmacy Inc. has told a Rhode Island federal judge that most of the U.S. Department of Justice's claims that it knowingly filed invalid prescriptions for opioids should be tossed, saying the agency failed to adequately allege the company willfully put profits over safety.

  • April 02, 2025

    No-Fault Tolling Not Retroactive, Mich. Justices Say

    The Michigan Supreme Court ruled Tuesday that an element of no-fault reforms pausing the one-year rule for recovery of personal injury protection benefits until an insurer formally issues a denial is not retroactive, finding the Legislature didn't clearly add retroactive language and that applying the provision to preamendment claims would impose new obligations on insurers.  

  • April 02, 2025

    Feds Dodge Mom's $25M Med Mal Suit Over Son's Death In NC

    The federal government won't have to face a mother's $25 million suit claiming the doctors at a government-funded hospital failed to properly diagnose and treat her 39-year-old son prior to his death, a North Carolina federal judge has ruled.

  • April 02, 2025

    Orthodontic Software Co. Hit With Data Breach Class Action

    An orthodontic software company has been hit with a proposed class action in Georgia federal court over a November data breach in which the names, birth dates, medical records, insurance information, payment card data and Social Security numbers of its clients' patients were stolen by hackers.

  • April 02, 2025

    BakerHostetler Adds Ex-Federal Prosecutor As Partner

    A former assistant U.S. attorney for the Northern District of Illinois has joined BakerHostetler in its Chicago office as a partner in the firm's litigation practice group, where he will focus on white collar matters, internal investigations and civil litigation.

  • April 02, 2025

    Walgreens Ignoring Requests To Stop Emails, Suit Says

    Walgreens floods customers' inboxes with "incessant spam" and ignores any attempt to unsubscribe from the retailer's mailing list, according to a proposed class action filed in Massachusetts state court.

  • April 02, 2025

    Cedars-Sinai To Pay $3M To End Retirement Plan Suit

    Cedars-Sinai Medical Center Inc. has agreed to pay $3 million to resolve a suit from current and former workers claiming the healthcare system loaded down its $2 billion retirement plan with high fees and poor-performing investment funds, according to a California federal court filing.

  • April 01, 2025

    Trump Admin Layoffs 'Probably Broke Laws,' Judge Says

    A Maryland federal judge ruled Tuesday that the Trump administration "probably broke the laws that regulate en masse terminations of government employees," ordering the federal government to reinstate thousands of probationary employees who were abruptly fired from their jobs in 19 states and the District of Columbia.

  • April 01, 2025

    5th Circ. Judge Questions IRS Denial Of Insurance Deductions

    A Fifth Circuit judge pushed back Tuesday on the Internal Revenue Service's rejection of expense deductions for two physician-led micro-captive insurance companies, saying that the businesses seemed to serve a legitimate purpose while acknowledging that doctors are "notoriously inept" businessmen.

  • April 01, 2025

    5th Circ. Questions $37M FTC Award Against Online Retailer

    A Fifth Circuit panel seemed wary to accept a drop-shipping company's claim that a $37 million award to the Federal Trade Commission was out of line, saying the company seemed to admit it lied about how fast it could deliver protective equipment like masks during the COVID-19 pandemic.

  • April 01, 2025

    Ala. Ruling Won't End Interstate Fights Over Abortion Travel

    A federal court order blocking Alabama from prosecuting doctors for helping women seek out-of-state abortions won't end legal conflicts between states with abortion bans and those without.

  • April 01, 2025

    Meta Can't Narrow Health Privacy Suit Scope, Consumers Say

    Two consumers who claim that Meta secretly collected their health information data through an "invisible tracker" on third-party websites told a California federal judge Tuesday that the social media giant is improperly trying to narrow their proposed class action to cover just one third-party health website.

Expert Analysis

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • Will 4th Time Be A Charm For NY's 21st Century Antitrust Act?

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    New York's recently introduced 21st Century Antitrust Act would change the landscape of antitrust enforcement in the state and probably result in a sharp increase in claims — but first, the bill needs to gain traction after three aborted attempts, says Tyler Ross at Shinder Cantor.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • Unpacking HHS' Proposal To Amend HIPAA Security Rule

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    While the U.S. Department of Health and Human Services' proposal to amend the Health Insurance Portability and Accountability Act's security rule could face scrutiny under the Trump administration, it reflects a clear concern over health data security and could push entities to implement operational changes, say attorneys at Sheppard Mullin.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • What To Do When ICE Shows Up At The Hospital

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    In light of recent executive orders and changes to enforcement directives permitting U.S. Immigration and Customs Enforcement agents to enter sensitive locations like hospitals, healthcare providers should understand how to balance compliance with existing health laws and patient care obligations, say attorneys at Davis Wright.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Preparing For A Possible End To The Subminimum Wage

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    The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.

  • The Risk And Reward Of Federal Approach To AI Regulation

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    The government has struggled to keep up with artificial intelligence's furious pace, but while an overbroad federal attempt to adopt a more unified approach to regulating AI poses its own risks, so does the current environment of regulatory uncertainty, say attorneys at Covington.

  • Drug Pricing Policy Trends To Expect In 2025 And Beyond

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    Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Top 10 Healthcare And Life Sciences Issues To Watch In 2025

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    Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.

  • Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits

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    The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.

  • 4 Keys To Litigating In An Active Regulatory Environment

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    For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

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