Health

  • January 15, 2025

    3rd Circ. Preview: NFL Concussion Benefits Fight Tops January

    The case of late NFL players' family members who say they shouldn't have to exhume their loved ones' remains to receive benefits from the national concussion settlement takes center stage in the Third Circuit's January argument session.

  • January 15, 2025

    Pa. Malpractice Fund Can't Get Second Chance At 3rd Circ.

    The administrator of Pennsylvania's state-established medical malpractice insurance fund won't get a second chance to convince the Third Circuit that its funds are private, after the court on Wednesday declined to reconsider a December ruling that the state could access the money.

  • January 15, 2025

    Judge Warns DOJ: Settle Burger Forfeiture Suit Or Pay Up

    A Michigan federal judge on Tuesday expressed frustration with Justice Department officials' delays in resolving a civil forfeiture action over an alleged $11 million healthcare fraud scheme involving money laundered through Big Boy Restaurant, telling federal prosecutors they have until next week to settle the case or pay the chain's recent legal bills.

  • January 15, 2025

    Former FDA Official Joins King & Spalding Life Sciences Team

    King & Spalding on Wednesday announced that a former U.S. Food and Drug Administration official has joined the firm's government matters and regulation practice group after an eight-year stint at the agency.

  • January 15, 2025

    Holland & Knight Adds Ex-GOP Rep. To Policy Advisory Team

    Holland & Knight LLP has hired seven-term Indiana Republican Congressman Larry Bucshon as a senior policy adviser.

  • January 15, 2025

    Atrium Health Accused Of Giving Patient Data To Google

    Atrium Health installed trackers in its mobile app and website to collect patients' data without their consent and then shared that personal information with Google and Facebook for targeted advertising, according to a proposed class action in North Carolina Business Court.

  • January 14, 2025

    Podcaster Must Face Discovery In ICE Doctor's Defamation Row

    A Georgia federal judge on Tuesday denied a podcaster's bid to dismiss a defamation lawsuit brought against her by a former immigration facility doctor but granted 60 days of jurisdictional discovery to assess the podcaster's involvement in publishing an allegedly defamatory episode accusing the doctor of performing forced hysterectomies on detainees.

  • January 14, 2025

    New EMTALA Suit in Idaho Seeks To Keep Injunction

    An Idaho health system filed a lawsuit Tuesday alleging that Idaho's strict abortion ban conflicts with an emergency stabilization law and is seeking to keep the ban blocked while it prepares to take up the legal battle once fought by the Biden administration.

  • January 14, 2025

    Latham Grabs Top Spot For 2024 IPOs By Large Margin

    Latham & Watkins LLP guided more initial public offerings than any law firm in 2024, capturing a diverse mix of large listings for companies that seized opportunities to go public as the broader IPO market inched toward recovery, new data shows.

  • January 14, 2025

    DOJ Says Software Co.'s $12.7M Copyright Win Is Sufficient

    The U.S. Department of Justice on Tuesday defended a judge's decision to award a software developer $12.7 million after a federal contractor made unauthorized copies of its software, telling the Federal Circuit the award was correctly calculated.

  • January 14, 2025

    Fla. Panel Told Law Precludes Damages For Smoker's Heir

    Two tobacco companies told a Florida state appellate panel Tuesday that a surviving daughter of a deceased smoker can't collect millions of dollars in a wrongful death case, arguing that the law precludes her from collecting damages because her father died before the case had been redecided on appeal.

  • January 14, 2025

    Cannabis Reformers Split After DEA Judge Cancels Hearings

    The cannabis legal and business world was divided Tuesday after a U.S. Drug Enforcement Administration judge hit pause on widely anticipated and historic public hearings on the merits of a proposal to loosen federal restrictions on marijuana.

  • January 14, 2025

    Prospect Medical Beats Objection To $29M In Ch. 11 Funds

    A Texas bankruptcy judge said Tuesday she would allow struggling hospital operator Prospect Medical Holdings Inc. to borrow part of a $100 million financing package that prompted an objection from the company's landlord, saying the money was needed to ensure patients continue to receive care.

  • January 14, 2025

    Dispute Over Eli Lilly Weight Loss Drug Reignited

    Compounding pharmacies have reignited a suit against the U.S. Food and Drug Administration over the removal of a lucrative weight loss drug from the shortage list, with a Texas federal judge ordering both sides to turn in briefing on injunctive relief during a Tuesday hearing.

  • January 14, 2025

    Conn. Justices Revive Insemination Suit, Punt On 'Wrongful Life'

    The Connecticut Supreme Court on Tuesday reopened a lawsuit by two people who accuse a fertility doctor of using his own sperm to impregnate their mothers, ruling the case was more like an ordinary negligence claim than a wrongful life claim, which the doctor argued Connecticut law did not recognize.

  • January 14, 2025

    FTC Issues Second Report On PBMs, Expanding Study Scope

    The Federal Trade Commission released a second "interim" report on pharmacy benefit managers and their effects on specialty drug prices Tuesday, claiming that the companies have driven up prices well over acquisition costs and continue to squeeze independent pharmacies out of the market through low reimbursement rates.

  • January 14, 2025

    Leaked Deals Achieved Higher Premiums But Little Else

    Leaked mergers and acquisitions have historically achieved higher deal premiums than their non-leaked counterparts, but the leaking of deals has had little impact on attracting bidders and deal completion rates, according to a Tuesday report from software company SS&C Intralinks. 

  • January 14, 2025

    Insurer Says It Owes No Coverage In Pot Co. Death Suit

    Trisura Specialty Insurance Co. has told a Florida federal court exceptions to Trulieve Inc.'s insurance policy relieve it from having to defend the cannabis company from a wrongful death suit.

  • January 14, 2025

    Both Michigan US Attys Resign Ahead Of Inauguration

    Michigan's U.S. attorneys, Dawn Ison in the Eastern District and Mark Totten in the Western District, announced their departures this week ahead of President-elect Donald Trump's inauguration.

  • January 14, 2025

    MedQuest Adds Health System In-House Vet As Top Atty

    MedQuest Associates, an operator of outpatient diagnostic imaging facilities across the U.S., is welcoming a new chief legal officer who brings nearly three decades of experience working with healthcare organizations.

  • January 14, 2025

    Eli Lilly Says Colo. Clinic Selling Deceptive Weight Loss Drug

    Eli Lilly & Co. has sued a Denver health clinic for allegedly selling "unapproved and potentially dangerous" drugs marketed to treat type 2 diabetes and obesity, which the pharmaceutical company said could give consumers the false impression that its U.S. Food and Drug Administration-approved medications don't work.

  • January 14, 2025

    2nd Circ. Rules Prison Docs Can't Escape Indifference Claims

    A Second Circuit panel on Monday ruled two New York prison doctors must face a former inmate's deliberate indifference claims for allegedly overlooking his cancer symptoms despite medical exam results, while also finding the inmate's claims were not time-barred, though the court said the state and facility are protected by sovereign immunity. 

  • January 14, 2025

    Mass. AG Says Insulin Makers, Middlemen Colluded On Costs

    Insulin makers Eli Lilly, Sanofi and Novo Nordisk conspired with pharmacy benefit managers OptumRX, Express Scripts and CVS Caremark to jack up prices by as much as 1,000%, the Massachusetts attorney general alleged in a suit.

  • January 13, 2025

    Robo-Surgery Part Reset Is Reliable, Expert Tells Antitrust Jury

    A mechanical engineering expert who testified Monday in an antitrust trial in California federal court over claims that Intuitive Surgical Inc. abuses its market power by blocking hospitals from extending the life of a surgical robot part said the extension procedure was "thorough" and "reliable."

  • January 13, 2025

    Texas Judge Urged To Halt CFPB Medical Debt Reporting Rule

    Trade groups suing the Consumer Financial Protection Bureau over its new rule banning medical debt from credit reports have asked a Texas federal judge to put a court-ordered hold on the measure while they proceed with their challenge to its legality.

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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