Health

  • October 22, 2024

    Baker Donelson Picks Up Carlton Fields Health Ace In Florida

    Baker Donelson Bearman Caldwell & Berkowitz PC announced Tuesday that it had brought a former Carlton Fields PA healthcare attorney to its practice in Fort Lauderdale, Florida, enabling the firm to deepen its health law bench with a lawyer who has private practice and in-house experience.

  • October 22, 2024

    NJ Justices Create Mass Tort Track For Bard Catheter Suits

    The New Jersey Supreme Court has established a multicounty litigation track for cases seeking to hold C.R. Bard Inc., Bard Access Systems Inc. and Becton Dickinson and Co. liable for injuries allegedly caused by Bard implanted port catheter products, according to a notice to the bar.

  • October 22, 2024

    The 2024 Prestige Leaders

    Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.

  • October 22, 2024

    How Law Firms Get And Keep Elite Status

    For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.

  • October 22, 2024

    Ex-Ga. Insurance Commissioner Gives Up Law License

    Georgia's justices accepted John Oxendine's voluntary surrender of his law license on Tuesday, months after the former state insurance commissioner was sentenced to prison for his role in a multimillion-dollar medical testing kickback scheme.

  • October 21, 2024

    Apple Tells Del. Jury It Wants Smartwatch Infringing To Stop

    An Apple attorney told a federal jury in Delaware on Monday that the company is willing to accept only a token damage award from Masimo Corp. for the health tech company's infringement of Apple's smartwatch, but wants the alleged copying barred.

  • October 21, 2024

    9th Circ. Judge Slams 'Reprehensible' Policy In Jail Death

    A Ninth Circuit judge on Monday blasted a healthcare contractor's policy that denied hospital treatment for a woman in a Washington jail who died from a ruptured intestine, but nevertheless questioned if a $24 million punitive damage jury award was excessive.

  • October 21, 2024

    NC Justices Revive Challenge To Hospital Competition Law

    The North Carolina Supreme Court has ordered a trial court to reassess an optical surgeon's suit challenging the state's healthcare competition law over claims that the certificate of need statute violates the constitution by blocking him from using his own operating room.

  • October 21, 2024

    PBMs Keep Door Open To Constitutional Riposte Against FTC

    Attorneys for Caremark Rx, Express Scripts and OptumRx kept the door open Monday to challenging the Federal Trade Commission's constitutionality as they face an in-house case accusing the country's three largest pharmacy benefit managers of artificially inflating insulin prices by relying on unfair rebate schemes.

  • October 21, 2024

    Google, Meta Want Out Of GoodRx Health Data Sharing Suit

    Google, Meta Platforms and Criteo have asked a California federal court to cut them loose from litigation alleging that GoodRx improperly shared patients' protected health information with the tech companies, saying the claims are "fundamentally flawed."

  • October 21, 2024

    GOP Pols Want Probe Into FDA Laboratory Safety

    Three Republican lawmakers on Friday sought information from the U.S. Food and Drug Administration about its oversight of its laboratory safety practices, following a long investigation over an incident about vials of smallpox virus and other hazards found on a National Institutes of Health campus.

  • October 21, 2024

    Weight Loss Clinic Denied Quick Relief In TM Suit

    A North Carolina hospital and healthcare provider don't have to stop using the trademarks targeted in a weight loss clinic's infringement suit, a federal judge ruled Monday, finding that the clinic will not suffer significant consequences absent the immediate relief.

  • October 21, 2024

    Blue Cross Escapes Mental Health Coverage Denial Suit

    A Pennsylvania federal judge tossed a patient's suit that claimed Independence Blue Cross violated federal benefits law when it declined to cover his stay at a residential facility, ruling the insurance company adequately backed up its decision that the treatment wasn't imperative to his health.

  • October 21, 2024

    Novartis Loses Challenge To Medicare Drug Price Talks

    A New Jersey federal judge on Friday tossed Novartis Pharmaceuticals' challenge to a Medicare drug price negotiation program, ruling the company is not required to participate, and that participating in the program does not violate its First Amendment rights.

  • October 21, 2024

    Ontrak Jury Lacked Key Compliance Instruction, Judge Told

    Counsel for convicted Ontrak founder Terren Peizer urged a California federal judge Monday to grant a new trial in the healthcare executive's novel insider trading case, saying jurors weren't properly instructed that they should acquit if Peizer's $20 million share sale was blessed by a compliance officer.

  • October 22, 2024

    Post-Dobbs Ballot Questions May Spell Litigation With No End

    A record-setting number of abortion-related constitutional ballot questions this year has unleashed a wave of litigation over reproductive rights in the wake of the U.S. Supreme Court's Dobbs decision. But they may just be the start of the legal battles over the ballot measures.

  • October 21, 2024

    Feds Say Doctor Used Pandemic Funds For Cars, Real Estate

    A Washington state dermatologist used $1.5 million from a loan intended for small business COVID-19 relief on two luxury Porsches, a second home and a storage unit, prosecutors said Monday.

  • October 21, 2024

    McGuireWoods Adds Healthcare Atty From Cooley In NY

    McGuireWoods LLP has added a digital health expert from Cooley LLP, aiming to boost its offerings for clients in the space combining healthcare services with information and communications technology, the firm announced Monday.

  • October 21, 2024

    Fla. Dept.'s Ex-GC Says Gov.'s Office Directed TV Ad Letters

    The former general counsel for the Florida Department of Health said Monday that he was directed by Gov. Ron DeSantis' office to send out letters threatening television stations with criminal prosecution if they did not pull a campaign ad promoting an abortion rights ballot initiative.

  • October 21, 2024

    Catalent CEO Defends Novo Deal, Will Stay On After Buyout

    Catalent CEO Alessandro Maselli told the medical company's customers Monday that Catalent will continue to support them following its planned $16.5 billion sale to Novo Holdings, seeking to assure clientele after Sen. Elizabeth Warren and advocacy groups pressured the Federal Trade Commission to scrutinize and potentially block the deal.

  • October 21, 2024

    Biden Admin Proposes Expanded OTC Birth Control Coverage

    The U.S. Department of Labor and two other agencies unveiled proposed regulations on Monday that for the first time would require private health insurers to cover the full cost of over-the-counter contraception, including male condoms and the morning-after pill.

  • October 18, 2024

    Law360 MVP Awards Go To Top Attys From 74 Firms

    The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • October 18, 2024

    Oklahoma Brings Title X Funding Cut Fight To Justices

    Oklahoma is asking the U.S. Supreme Court to review the Tenth Circuit's decision allowing the U.S. Department of Health and Human Services to cut Title X funding over the state's refusal to refer family planning patients for abortion care following the high court's Dobbs decision last year.

  • October 18, 2024

    Tenn. Court Clarifies Scope Of Abortion Ban's Exceptions

    A Tennessee state court has partly sided with a group of women who said they were denied or delayed in receiving medically necessary abortions, ruling that certain pregnancy-related conditions constitute serious medical emergencies that meet the state's exception to its criminal abortion ban.

  • October 18, 2024

    Ill. Justices Find Broad COVID Immunity For Health Facilities

    The Illinois Supreme Court on Friday read broad immunity into an emergency order that immunized healthcare facilities aiding the state's COVID-19 response, saying the order shields those facilities from ordinary negligence claims during that time, not just ones directly relating to their pandemic care.

Expert Analysis

  • 1st Gender Care Ban Provides Context For High Court Case

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    The history of Arkansas' ban on gender-affirming medical care — the first such legislation in the U.S. — provides important insight into the far-reaching ramifications that the U.S. Supreme Court's decision in U.S. v. Skrmetti next term will have on transgender healthcare, says Tyler Saenz at Baker Donelson.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • 6 Lessons From DOJ's 1st Controlled Drug Case In Telehealth

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    Following the U.S. Department of Justice’s first-ever criminal prosecution over telehealth-prescribed controlled substances in U.S. v. Ruthia He, healthcare providers should be mindful of the risks associated with restricting the physician-patient relationship when crafting new business models, says Jonathan Porter at Husch Blackwell.

  • Series

    After Chevron: Scale Tips Favor Away From HHS Agencies

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    The loss of Chevron deference may indirectly aid parties in challenging the U.S. Department of Health and Human Services' interpretations of regulations and could immediately influence several pending cases challenging HHS on technical questions and agency authority, say attorneys at Ropes & Gray.

  • Series

    After Chevron: FDA Regulations In The Crosshairs

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    The U.S. Supreme Court's overturning of the Chevron doctrine is likely to unleash an array of challenges against the U.S. Food and Drug Administration, focusing on areas of potential overreach such as the FDA's authority under the Federal Food, Drug and Cosmetic Act, say attorneys at Debevoise.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • Series

    After Chevron: Expect Limited Changes In USPTO Rulemaking

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    The U.S. Supreme Court’s recent ruling overturning Chevron deference will have limited consequences for the U.S. Patent and Trademark Office given the USPTO's unique statutory features, but it is still an important decision for matters of statutory interpretation, especially those involving provisions of the America Invents Act, say Andrei Iancu and Cooper Godfrey at Sullivan & Cromwell.

  • How High Court Approached Time Limit On Reg Challenges

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    The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Calif. Ruling Heightens Medical Product Maker Liability

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    The California Supreme Court's decision in Himes v. Somatics last month articulates a new causation standard for medical product manufacturer liability that may lead to stronger product disclosures nationwide and greater friction between manufacturers and physicians, say attorneys at Cooley.

  • Constitutional Protections For Cannabis Companies Are Hazy

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    Cannabis businesses are subject to federal enforcement and tax, but often without the benefit of constitutional protections — and the entanglement of state and federal law and conflicting judicial opinions are creating confusion in the space, says Amber Lengacher at Purple Circle.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Roundup

    After Chevron

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    Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.

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