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November 19, 2024
Trump Taps Dr. Oz For CMS Head
President-elect Donald Trump announced on Tuesday he will nominate TV personality Dr. Mehmet Oz to be administrator of the Centers for Medicare & Medicaid Services.
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November 19, 2024
McGuireWoods Lands Health Ace, Former GC From Akin In NY
A veteran healthcare and life sciences attorney who previously served as general counsel at pharmaceutical companies Novo Nordisk and Daiichi Sankyo has made the move from Akin Gump Strauss Hauer & Feld LLP to McGuireWoods LLP.
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November 19, 2024
Nonpracticing Doc Can't Testify In Med Mal Case, Court Says
A Florida state appeals court has affirmed the dismissal of a case accusing a doctor of botching two shoulder surgeries, agreeing with a lower court's findings that a physician-turned-legal-consultant wasn't qualified to testify as the plaintiff's medical expert under the law.
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November 19, 2024
5th Circ. Can't Weigh In On Decertification Bid, La. Court Rules
Sending a nurses' wage suit to the Fifth Circuit for a decision on decertifying a collective in a post-Swales world wouldn't speed up the case, a Louisiana federal judge ruled in turning down a hospital operator's interlocutory appeal bid.
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November 19, 2024
Akin Adds Another Healthcare Expert To DC Lobbying Team
The former chief health adviser for the Senate Finance Committee's majority has joined Akin Gump Strauss Hauer & Feld LLP's lobbying team in Washington, D.C., weeks after the firm added another healthcare advocate from the national association representing pharmacy benefit managers.
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November 19, 2024
Kirkland Advises Amcor On $8.4B Berry Global Buy
Kirkland & Ellis LLP-led Amcor PLC said Tuesday it has agreed to purchase fellow packaging company Berry Global Group Inc., in an all-stock deal that values Berry at more than $8.4 billion.
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November 18, 2024
Surgeon Keeps Trial Win In Colitis Wrongful Death Suit
A New Jersey state appeals court won't upend a surgeon's trial victory in a suit alleging that he improperly treated an 81-year-old's colitis, leading to her death, finding that the trial court did not abuse its discretion by blocking the woman's family from replacing their medical expert.
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November 18, 2024
Pa. Lab Seeks Ad Coverage For Libel Suit Over COVID Tests
A Pennsylvania laboratory told a federal court Monday that its insurer must cover it in an underlying lawsuit brought by a COVID-19 test manufacturer in which the manufacturer alleged that the lab sent 19,000 letters to test kit users wrongfully stating that the tests were unreliable.
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November 18, 2024
Nursing Home Owner Pleads Guilty A 2nd Time To Tax Fraud
A nursing home operator pled guilty for the second time in Newark federal court on Monday to a $38.9 million employment tax fraud scheme involving care centers he owned across the country.
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November 18, 2024
'Sub-Par' Work By Data Breach Class Attys Earns Lower Fee
A Connecticut federal judge awarded $340,000 on Monday to class counsel in a data breach lawsuit against Merritt Healthcare Advisors but criticized their request for $381,250 as out of line with reasonable rates and said some of their work in the case was "sub-par."
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November 18, 2024
Wachtell-Led CVS Adds Glenview CEO, Others To Board
CVS Health, represented by Wachtell Lipton Rosen & Katz, said Monday it has struck a deal with activist investor Glenview Capital Management to appoint four new board members, including Glenview CEO Larry Robbins.
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November 18, 2024
Neb. Officials Urge Court To Void Medical Pot Legalization
Nebraska officials are urging a state judge to void ballot measures to legalize and regulate medical marijuana after a decisive majority of voters approved them, saying that reformers' signature-verification methods were critically hampered by malfeasance and fraud.
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November 18, 2024
Pa. AG-Elect Likely To Target AI, Robocalls And Opioids
Pennsylvania Attorney General-elect Dave Sunday is likely to focus on cracking down on artificial-intelligence-related scams that prey on vulnerable populations, unwanted robocalls, and opioid makers, while being less inclined to hammer down on energy and fossil fuel companies, experts said.
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November 18, 2024
3rd Circ. Shuts Down Healthcare Workers' Vax Bias Suit
A split Third Circuit panel said a group of Christian workers can't revive suits claiming a healthcare provider illegally fired them for refusing the COVID-19 vaccine on religious grounds, finding they failed to show how their beliefs prevented them from getting immunized.
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November 18, 2024
Health Care Co. CareMax Hits Ch. 11 With Plans To Sell Assets
Medical services company CareMax Inc. has filed for Chapter 11 protection in Texas bankruptcy court, listing $422.6 million of funded debt and disclosing plans to sell its assets during the case.
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November 15, 2024
Eli Lilly Says HHS Ignores Drug Discount Double-Dipping
Eli Lilly & Co. claims the U.S. Department of Health and Human Services is unlawfully blocking its efforts to crack down on hospitals the company alleges are double-dipping on medication discounts that are meant to benefit low-income patients, according to a lawsuit filed in D.C. federal court.
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November 15, 2024
Natera Exec Calls Guardant's Cancer Test Claims 'Dangerous'
Natera's president of clinical diagnostics testified at trial Friday in a California federal false advertising case that Guardant Health's claims about Guardant's competing colorectal cancer test were "false and misleading" and also "dangerous."
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November 15, 2024
Kroger, Texas Ink $83M Deal Over Opioid Crisis
Texas announced it has agreed to an $83 million settlement with Kroger to resolve the state's claims alleging the groceries and pharmacy chain maintained practices that contributed to the opioid crisis in Texas, apparently as part of a larger $1.37 billion agreement the retailer recently reached with several states.
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November 15, 2024
HHS Likely To Limit Migrant Data After Flores Deal Ends
A California federal judge indicated Friday that she can't force the U.S. Department of Health and Human Services to provide human rights groups with regular data about children in low-security detention facilities now that the long-running Flores settlement has been replaced with a government regulation.
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November 15, 2024
PBMs Denied Breakup Of Combined FTC Insulin Price Trial
The Federal Trade Commission's allegations that pharmacy benefit manager giants Caremark Rx, Express Scripts and OptumRx are artificially inflating insulin prices through unfair rebate schemes will forge ahead as a single case following an in-house agency judge's refusal to break them into separate proceedings.
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November 15, 2024
Despite Vaccine Spotlight, RFK Jr. A Health Policy 'Unknown'
Robert F. Kennedy Jr., President-elect Donald Trump's pick to be the nation's top health official, has made clear his unorthodox and often false views on public health issues like vaccines. But there's still plenty of policy under his potential control where his stance remains opaque, attorneys say, which could stymie their efforts to prepare for the next four years.
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November 15, 2024
Healthcare Co. PACS Made False Claims Before IPO, Suit Says
Healthcare holding company PACS Group Inc. has been hit with a proposed shareholder class action on the heels of a short seller's report that alleged the company engaged in deceptive practices to boost its value ahead of its initial public offering, including Medicare claims fraud.
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November 15, 2024
Ariz. Judge Will Decide Proper Venue For CVS Antitrust Suit
A federal judge concluded Thursday that he must decide whether a proposed class action accusing CVS of exploiting a Medicare loophole to charge independent pharmacies exorbitant fees belongs in arbitration, after scolding CVS's attorneys for failing to adequately develop their arguments defending an underlying delegation clause.
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November 15, 2024
Feds Say 'One' DACA Kid Not Enough To Sue Over Health Reg
The Biden administration slammed North Dakota's attempt to show financial suffering from a federal rule granting health coverage to DACA recipients, saying that the state pointing to "one" unidentified DACA individual isn't enough to establish standing for a lawsuit.
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November 15, 2024
DEA Judge Nixes Vet Group's Bid To Take Part In Pot Hearings
An administrative law judge with the U.S. Drug Enforcement Administration on Friday denied a veterans group's bid to participate in upcoming hearings on a proposal to loosen federal restrictions on marijuana.
Expert Analysis
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5 Ways Life Sciences Cos. Can Manage Insider Trading Risk
In light of two high-profile insider trading jury decisions against life sciences executives this year, public companies in the sector should revise their policies to account for regulators' new and more expansive theories of liability, says Amy Walsh at Orrick.
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Strategies To Defend Against Healthcare Nuclear Verdicts
The healthcare industry is increasingly the target of megaclaims, particularly those alleging medical malpractice, but attorneys representing providers can use a few tools to push back on flimsy litigation and reduce the likelihood of a nuclear verdict, says LaMar Jost at Wheeler Trigg.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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What Drug Cos. Must Know About NY Price Transparency Law
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.
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How Law Firms Can Avoid 'Collaboration Drag'
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.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
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.
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Whistleblowers Must Note 5 Key Differences Of DOJ Program
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.
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The Licensure Landscape For Psychedelics Manufacturers
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.
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What NFL Draft Picks Have In Common With Lateral Law Hires
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.
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Replacing The Stigma Of Menopause With Law Firm Support
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.
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Planning Law Firm Content Calendars: What, When, Where
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.
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Series
Playing Golf Makes Me A Better Lawyer
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.
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What FCA Cases May Look Like In The Age Of Generative AI
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.
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Law Firms Should Move From Reactive To Proactive Marketing
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.