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Health
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February 18, 2025
Feds Strike $29M Deal To Settle FCA Overpayment Claims
Healthcare system SVCMC Inc. will pay $29 million to resolve allegations it held onto erroneous overpayments for medical services provided to retired military members and their families, the U.S. Department of Justice has said.
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February 18, 2025
State AGs Can't Yet Block Musk From Accessing Agency Data
A Washington, D.C., federal judge on Tuesday denied a motion from 14 state attorneys general for an emergency order to stop Elon Musk and his Department of Government Efficiency from accessing data systems at seven federal agencies or enacting mass firings of those agencies' employees.
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February 18, 2025
White House Says City Can't Show Harm From Anti-DEI Orders
The Trump administration urged a Maryland federal court Tuesday not to block its executive orders curtailing diversity, equity and inclusion programs, saying the city of Baltimore and other challengers hadn't shown any of their funding has been affected by the orders.
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February 18, 2025
Georgia Justices Revive Defamation Suit Against Atty
An orthopedic surgeon in Georgia will get another chance to prove he was defamed by a defense attorney, after the Supreme Court of Georgia found a state appellate court mistakenly used the well-known "actual malice" standard to toss the case instead of the relevant state law standard.
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February 18, 2025
Healthcare Group Of The Year: Debevoise & Plimpton
Debevoise & Plimpton LLP attorneys advised Clayton Dubilier & Rice LLC in its $8.9 billion acquisition, with TowerBrook, of revenue cycle management firm R1 and resolved a six-year battle involving EmblemHealth and its subsidiary Group Health Inc., earning it a spot among the 2024 Law360 Healthcare Groups of the Year.
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February 18, 2025
Boston Children's Hospital Settles Retirement Plan Fee Suit
Boston Children's Hospital has settled a suit with a proposed class of participants in its $1.1 billion retirement plan who alleged the hospital allowed excessive fees.
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February 17, 2025
Labor Groups Denied Block On DOGE's Agency Access
A Washington, D.C. federal judge again declined to block Elon Musk's Department of Government Efficiency from accessing three federal agencies' data, saying worker and consumer advocates haven't shown that the department's agents don't belong.
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February 14, 2025
FTC's Ferguson, PBMs Agree: Nix Leader Removal Safeguards
Federal Trade Commission Chairman Andrew N. Ferguson offered his own support for enabling the president to readily fire independent agency commissioners at the FTC and beyond, a day after pharmacy benefit managers cited the new U.S. Department of Justice policy in their own battle with the FTC.
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February 14, 2025
Digital Health Co. Beats Some Claims In SPAC Investor Suit
A New Jersey federal judge has dismissed, with leave to amend, claims in an investor suit against a blank check company that took digital health equipment venture Butterfly Network Inc. public, finding that some of the shares the plaintiffs purchased are not traceable to the registration statement at issue in the suit.
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February 14, 2025
SmileDirectClub Trustee Gets OK To Hire Orrick
The Chapter 7 trustee liquidating SmileDirectClub can hire Orrick Herrington & Sutcliffe LLP as special litigation counsel, a Texas bankruptcy judge said Friday, concluding that Orrick met U.S. Bankruptcy Code requirements, despite him not being notified earlier of Orrick's previous work for the trustee.
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February 14, 2025
Trump Admin To Cut Thousands Of Federal Health Employees
The Trump administration has started to cut thousands of federal healthcare employees, following through on its promises to shrink government and enact mass changes to agencies that oversee the health of millions of Americans.
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February 14, 2025
VA Fires More Than 1,000 As Part Of Trump Cuts
The U.S. Department of Veterans Affairs said it dismissed more than 1,000 probationary employees Thursday, part of a wave of layoffs sweeping across federal agencies as the Trump administration pursues "large-scale" cuts to the government workforce.
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February 14, 2025
CVS Wins Arbitration In Medicare Fee Antitrust Suit
An Arizona federal judge ordered four independent pharmacies to arbitrate their claims accusing CVS of exploiting a Medicare loophole to charge them exorbitant fees, saying several unconscionable provisions in an underlying arbitration clause could be severed.
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February 14, 2025
Mich. Abortion Provider Rule Not Evidence-Based, Judge Told
A professor of midwifery testified Friday that abortions can be safely performed by nondoctor clinicians, on the second day of a trial to determine if certain abortion regulations in Michigan have unconstitutionally limited access to the procedure.
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February 14, 2025
Justices Urged To Curb Feds' Ability To Prosecute Medical Pot
A Maine man accused of running an illicit medical marijuana cultivator has asked the U.S. Supreme Court to hear an appeal arguing that congressional spending legislation bars federal prosecutors from bringing cases against state-compliant cannabis operations.
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February 14, 2025
Judge Needs Time To Mull Block On DOGE's Agency Audits
A Washington, D.C., federal judge said he plans to rule "promptly" on a request by worker and consumer advocates to stop the Department of Government Efficiency from accessing three federal agencies' data but couldn't say when following a wide-ranging hearing on the bid.
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February 14, 2025
Drug Costs, State Laws Fuel Push For Fed. Action On PBMs
Skyrocketing prescription drug costs and a proliferation of state laws are driving renewed calls from employers and benefit plan administrators for Congress to enact federal legislation changing how pharmacy benefit managers do business, experts say.
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February 14, 2025
Feds Hit With Brady Claims As Implant Kickback Trial Looms
Two defendants nearing trial on medical device kickback claims say Boston federal prosecutors are begrudgingly sharing mountains of exculpatory materials they should have provided years ago.
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February 14, 2025
8 Things Attys Should Know About Conn.'s $55B Budget
Connecticut Gov. Ned Lamont's two-year budget for the years 2026 and 2027 includes drug price limits, an expansion of the state's unfair trade practices act, key changes to hospital ownership laws and slots for 13 new judges.
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February 14, 2025
Judge Upholds Pay-For-Delay Ban Law, But Only In Calif.
A California federal judge has upheld part of a new state law that the Association for Accessible Medicines alleged unlawfully restricted "reverse payment" settlements between makers of brand-name and generic drugs, finding that the law's attempt to regulate deals outside of California runs afoul of the Constitution, but is otherwise valid.
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February 14, 2025
DC Judge Orders Feds To Restore Foreign Funding
A D.C. federal judge ordered the Trump administration to restore foreign funding in connection with any grants or programs in place before the inauguration, saying aid organizations have made a sufficient showing that the pause threatens their very existence.
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February 14, 2025
Healthcare Group Of The Year: Sheppard Mullin
Sheppard Mullin Richter & Hampton LLP's recent work on several major hospital and health system transactions, as well as its role spearheading litigation that reversed an administrative rule change that would have cost the insurance industry billions in federal funding, has earned the firm a spot as one of the 2024 Law360 Healthcare Groups of the Year.
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February 14, 2025
2nd Judge Blocks Trump Trans Health Order, Chides DOJ Atty
A Washington federal judge put a second temporary block on President Donald Trump's executive order targeting funding for gender-affirming care for people younger than 19, at a Seattle hearing where the judge said she was extremely frustrated with a federal government attorney's inability to answer questions about the order's discriminatory impact on transgender youth.
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February 14, 2025
Womble Bond Adds BakerHostetler Business Partner In Irvine
Womble Bond Dickinson has hired a former BakerHostetler partner, who joined the firm's business litigation practice group as a partner in Irvine, California.
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February 13, 2025
House Dems Push Against GOP's Proposed Tax Cuts
House Budget Committee Republicans on Thursday passed a resolution that would allow for the passage of up to $4.5 trillion in tax cuts and the repeal of the Inflation Reduction Act.
Expert Analysis
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Calif. Ruling May Shield Public Employers From Labor Claims
In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.
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Health Policy Predictions For Trump's Second Administration
As President-elect Donald Trump's nominations for health policy and enforcement heads work their way through the confirmation process, healthcare organizations can look at nominee backgrounds, campaign statements and actions from Trump's previous presidency to predict incoming priorities, say attorneys at McDermott.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Compliance Considerations Of DOJ Data Security Rule
Under the U.S. Department of Justice's proposed rule aiming to prevent certain countries' access to bulk U.S. sensitive personal data, companies must ensure their vendor, employment and investment agreements meet strict new data security requirements — or determine whether such contracts are worth the cost of compliance, say attorneys at Eversheds Sutherland.
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Balancing Health Tech Advances And Clinical Responsibility
To maintain their clinical responsibilities and mitigate potential legal risk, health professionals should incorporate the benefits of new medical technology powered by artificial intelligence while addressing its risks and limitations, says Kathleen Fisher Enyeart at Lathrop GPM.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Opinion
Weak Reasoning Underlies Fla. Judge's Bold Qui Tam Ruling
U.S. District Judge Kathryn Mizelle's groundbreaking decision in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, holding that qui tam provisions of the False Claims Act are unconstitutional, relies on weak logic to reach a conclusion that differs from every other court that has ruled on the issue, says Ethan Greenberg at Anderson Kill.
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When Investigating An Adversary, Be Wary Of Forged Records
Warnings against the use of investigators who tout their ability to find an adversary’s private documents generally emphasize the risk of illegal activity and attorney discipline, but a string of recent cases shows an additional danger — investigators might be fabricating records altogether, says Brian Asher at Asher Research.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Medicare Overpayment Rules Are A Mixed Bag For Providers
The Centers for Medicare & Medicaid Services' updated rules for handling agency overpayments adopt a more reasonable definition of what it means to have "identified" an overpayment, which is a win for providers, but their new time frame for investigating related overpayments is unrealistic, says Susan Banks at Holland & Knight.
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Navigating Decentralized Clinical Trials With FDA's Guidance
The U.S. Food and Drug Administration's recently finalized guidance on conducting decentralized clinical trials, while not legally binding, can serve as a road map for sponsors, investigators and others to ensure trial integrity and participant safety, say attorneys at Phillips Lytle.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Expect More State-Level Scrutiny Of Noncompetes Ahead
Despite the nationwide injunction against the Federal Trade Commission’s noncompete ban, and the incoming Republican administration, employers should anticipate that state legislatures will continue to focus on laws that limit or ban noncompetes, including those that target certain salary thresholds or industries, says Benjamin Fryer at FordHarrison.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.