More Healthcare Coverage

Expert Analysis

• Insurance Perils For Health Providers Using 3D-Printing Tech

  

  As the medical polymer market quickly grows amid burgeoning demand for the 3D printing of medical devices, a recent case involving liability for a 3D-printed dental implant surgery exposes the potential gap in medical malpractice and product liability coverage for health care professionals designing and using these products, says Paul Farquharson at Semmes.

• Ohio Workers' Suit Could Distort RICO And Trafficking Laws

  

  An Ohio federal court case over employment contract provisions — Carmen v. Health Carousel — may dramatically expand the scope of trafficking laws and the Racketeer Influenced and Corrupt Organizations Act, which could put ordinary employment disputes under the purview of statutes meant to target organized crime and forced labor, says Noah Peters at Brewer, Attorneys & Counselors.

• 7th Circ. Ruling Shows Value Of Thorough Debtor Notices

  

  The Seventh Circuit recently decided to affirm a bankruptcy court's rejection of a USA Gymnastics member’s claim that she wasn't properly notified of a deadline, highlighting that the more comprehensive a debtor’s notice efforts are, the easier it will be to enforce bankruptcy court’s orders later on, says Katherine Preston at Winston & Strawn.

• 6 Tax Considerations For Life Sciences Collaboration Deals

  

  Given recent IRS guidance and changes to certain tax rates and deductions, biotech and life sciences companies entering into collaboration agreements should assess several unique taxation issues affecting matters ranging from research and development expenditures to profit-sharing terms, say attorneys at Orrick and Andersen Tax.

• Congress Must Ban Discretionary Clauses In ERISA Plans

  

  Contrary to a recent Law360 guest article’s argument, prohibiting discretionary clauses in Employee Retirement Income Security Act benefit plans would reinforce the statute’s intent of protecting participants, and the only way to effectively moot such clauses is through congressional action, says Mark DeBofsky at DeBofsky Law.

• Congressional Probes After The Midterms: Tips For Witnesses

  

  With the GOP planning a barrage of investigations into the Biden administration if it wins control of the House this fall, current and former government officials and corporate executives who might be called as witnesses must prepare to protect their personal interests — and those of their organizations, says Kevin Carroll at Hughes Hubbard.

• Establishing Bad Faith In Removal Claims

  

  Recent precedent from federal courts in South Carolina and other jurisdictions shows that bad faith in removal claims can be established when defendants present clear evidence of plaintiffs intentionally delaying or withholding pertinent information — but defendants must be able to back up their assertions, says Denver Smith at Butler Snow.

• Lessons From 1st COVID Biz Interruption Policyholder Verdict

  

  Robyn Anderson at Lathrop examines what made Baylor College of Medicine's recent COVID-19 business interruption case a success in Texas state court, and considers whether this first win on behalf of an insured is an outlier or a sign of more to come.

• No-Poach Plea Hiccups Point To DOJ's Unsound Theory

  

  After a series of setbacks, the U.S. Department of Justice could soon obtain its first no-poach conviction, but complications in a recent change-of-plea hearing demonstrate that the government’s problems may continue as long as it incorrectly insists that labor cases are the same as any other antitrust conspiracy, say Mark Butscha and Matthew Ridings at Thompson Hine.

• State COVID Insurance Rulings Highlight Errors In Dismissals

  

  Recent California and Vermont decisions in favor of policyholders, along with a $48 million jury verdict in Texas, underscore the error that courts are making by dismissing COVID-19 business interruption lawsuits at the pleading stage without consideration of the facts and evidence in each case, say Joseph Niczky and Michael Levine at Hunton.

• Recent Cases Guide On Use Of Experts In Employment Trials

  

  Experts can help judges and juries understand a range of issues in employment litigation, from statistical data to damages, and recent cases involving admissibility challenges provide lessons for the careful selection of experts to meet Daubert standards, say Kathleen Anderson and John Maley at Barnes & Thornburg.

• 2nd Circ. Shkreli Atty Ruling Guides On 401(k) Garnishment

  

  The Second Circuit’s recent holding that the government could garnish the 401(k) accounts of Martin Shkreli’s co-conspirator attorney shows that those facing criminal charges should prepare for the possibility that their retirement accounts may be subject to garnishment in order to satisfy restitution orders, say Brea Croteau and Edward Novak at Polsinelli.

• Physician Noncompetes May Get Federal Antitrust Treatment

  

  While interpretation and enforcement of health care noncompete agreements have traditionally been viewed as state law matters, the agreements are increasingly facing scrutiny of their anticompetitive effects at a national level, say John Zen Jackson and Jessica Carroll at Greenbaum Rowe.