Health

  • June 24, 2024

    LA Schools Says Pseudoscience Infected 9th Circ. Vax Ruling

    The Los Angeles Unified School District said Friday that a split Ninth Circuit panel leaned on pseudoscience when ruling that a rescinded employee COVID-19 vaccination mandate implicated the right of district employees to refuse medical treatment, urging an en banc panel to correct the "fatally flawed" decision.

  • June 24, 2024

    Harvard Fertility Doctor Settles Secret-Impregnation Claim

    A fertility doctor and longtime Harvard Medical School professor has settled claims that he secretly used his own sperm to impregnate a patient in 1980, according to a Monday court filing.

  • June 24, 2024

    No Commission For $32M Sales Of COVID PPE, NJ Panel Says

    An employee who sold more than $32 million in personal protective equipment during three months of the COVID-19 pandemic is not entitled to $1.3 million in commissions under the New Jersey Wage Payment Law, because the sales did not fall under her normal role and are instead "supplementary incentives," a state appeals panel ruled Monday.

  • June 24, 2024

    Ark. AG Sues Pharmacy Benefit Managers Over Opioids

    The Arkansas attorney general said Monday that he had sued pharmacy benefit managers Optum Inc. and Express Scripts Inc. in state court, claiming they contributed to the opioid crisis and profited from the drug epidemic.

  • June 24, 2024

    Suit Over Medical Screws Filed Too Late, Texas Panel Finds

    A Texas appeals court won't revive a woman's suit against BioPro Inc. alleging that surgical screws used in her feet were defective, saying the evidence establishes that she filed her suit after the two-year statute of limitations had expired.

  • June 24, 2024

    Jurisdictional Discovery Ordered In NJ COVID Test Fraud Suit

    A New Jersey federal court has denied without prejudice a dismissal bid and ordered "tightly-targeted and prompt jurisdictional discovery" in a Garden State medical supply business' complaint accusing a Texas attorney and his solo practice of aiding in an alleged $2.45 million fraud scheme involving COVID-19 test kits that were never delivered.

  • June 24, 2024

    Catching Up With Delaware's Chancery Court

    Amendments to Delaware's General Corporation Law topped the news out of the Court of Chancery again last week, as the hotly contested measure sailed through the state's Legislature. Tesla and its shareholders continued their tug-of-war over attorney fees for Chancery litigation about Elon Musk's pay package, and new cases were filed involving biotechs, car rental companies, workout platforms, telecom towers, and a cargo ship fire in Brazil.

  • June 24, 2024

    Defense Contractor Gresham Inks $83M SPAC Merger

    Defense contractor Gresham Worldwide Inc. and special-purpose acquisition company Ault Disruptive Technologies Corp. agreed Monday to merge in a deal that values Gresham at $83 million and enlarges the company's profile, steered by two law firms.

  • June 24, 2024

    Justices Pass On Conn. School Vaccine Mandate Fight

    The U.S. Supreme Court on Monday declined to review a Second Circuit decision that largely upheld the dismissal of a suit challenging a Connecticut law passed during the COVID-19 pandemic that revoked religious exemptions to student vaccine mandates.

  • June 24, 2024

    $2.9M Health Co. Data Breach Settlement Gets Final Approval

    A Michigan federal judge has given final approval to a $2.9 million deal for a maker of prosthetics and orthotics to settle claims the company didn't protect customers' sensitive information from a cyberattack.

  • June 24, 2024

    Justices Pass On Rutgers COVID-19 Vax Mandate Case

    The U.S. Supreme Court declined on Monday to review a split Third Circuit ruling that Rutgers University students cannot challenge the school's COVID-19 vaccine policy because, under the high court's 1905 precedent in Jacobson v. Massachusetts, there is no fundamental right to refuse vaccinations.

  • June 24, 2024

    Blumenauer Predicts Cannabis Rescheduling Before Year-End

    U.S. Rep. Earl Blumenauer, D-Ore., a longtime champion of cannabis reform in Congress who is retiring this year, told cannabis attorneys on Monday that he was optimistic marijuana would be moved to Schedule III under the federal Controlled Substances Act before the end of the year.

  • June 24, 2024

    High Court To Review State Gender Care Bans

    The U.S. Supreme Court on Monday agreed to review a Sixth Circuit decision that allowed Tennessee to keep in place a new ban on gender-affirming care for minors.

  • June 24, 2024

    Justices Won't Hear Objections To $2.67B BCBS Deal

    The U.S. Supreme Court refused on Monday to review Home Depot's challenge of a $2.67 billion settlement in antitrust litigation targeting Blue Cross Blue Shield, along with a separate challenge of the attorney fees awarded for the deal.

  • June 21, 2024

    Estate Of Alzheimer's Patient Awarded $600K In NJ Death Case

    A New Jersey jury awarded $600,000 to the family of a psychiatric hospital patient with Alzheimer's who died after sustaining several fractures and a traumatic brain injury at the facility, a Philadelphia law firm announced Friday.

  • June 21, 2024

    Texas Medical Board Adopts Abortion Records Requirement

    Texas doctors who determine that an abortion is necessary during a pregnant patient's health crisis will face new recordkeeping requirements under a final rule issued Friday by the state's medical board.

  • June 21, 2024

    4th Circ. Revives TCPA Suit Over Fax Promoting Free Webinar

    A chiropractic office in Ohio on Friday succeeded in reviving its putative class action against a healthcare technology company accused of sending junk faxes, with the Fourth Circuit finding the communication counts as an unsolicited advertisement under the Telephone Consumer Protection Act.

  • June 21, 2024

    Billing Report Order Was 'Overly Broad' In Injury Suit, Panel Says

    A Georgia appeals court on Friday vacated a trial court order requiring a medical provider and its claims manager to produce a database report with financial and billing information during discovery in a car accident case, saying the order was overly broad and didn't do enough to protect the companies' confidential information.

  • June 21, 2024

    Recovery Home Co. Sues Over Denial By Town's Zoning Panel

    A New Jersey township's zoning board has been accused in New Jersey federal court of discriminating against recovering drug addicts and alcoholics by refusing to allow a recovery home to continue to operate in a residential area.

  • June 21, 2024

    GAO Says CMS Didn't Address Contractor Conflict Of Interest

    The U.S. Government Accountability Office has backed a protest over a $30.65 million Centers for Medicare & Medicaid Services analytics task order, saying CMS failed to properly account for a conflict of interest involving a proposed subcontractor for the awardee.

  • June 21, 2024

    Ontrak Founder Convicted In Novel Insider Trading Case

    A California federal jury found Ontrak founder and former CEO Terren Peizer guilty on Friday of three counts of insider trading, following a first-of-its-kind prosecution on allegations he dumped $20 million of shares in the healthcare company after discovering its biggest client was going to terminate their deal. 

  • June 21, 2024

    Seton Hall Denies Fault For Student's Death In COVID Isolation

    Seton Hall University is asking a federal court to dismiss a wrongful death suit brought by the family of a student who died in mandatory isolation in her dorm room after testing positive for COVID-19 and then having an epileptic seizure.

  • June 21, 2024

    Attys Accused Of Judge Shopping Must Share Public Remarks

    Attorneys accused of judge shopping two 2022 suits challenging an Alabama law criminalizing some gender-affirming care for transgender youths have been given 48 hours to turn over any public statements, releases or other information they or their organizations have shared about the disciplinary proceedings, just days ahead of a Monday hearing.

  • June 21, 2024

    5th Circ. Knocks Out National Block On ACA Preventive Care

    The Fifth Circuit on Friday struck down a national injunction against Affordable Care Act requirements forcing insurers to cover a range of preventive treatments, but kept a block in place that prevents its application to the individuals and businesses in Texas that sued.

  • June 21, 2024

    3 Firms Build $540M Take-Private Sale Of Healthcare Data Biz

    Digital health company Sharecare Inc. on Friday announced that it has agreed to be bought by healthcare-focused private equity firm Altaris LLC in a $540 million take-private deal built by three law firms.

Expert Analysis

  • Protecting Trade Secrets In US, EU Gov't Agency Submissions

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    Attorneys at Mintz compare U.S. and European Union trade secret laws, and how proprietary information in confidential submissions to the U.S. Food and Drug Administration and the European Medicines Agency is protected in the face of third-party information requests under government transparency laws.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • Careful Data Governance Is A Must Amid Enforcement Focus

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    Federal and state regulators' heightened focus on privacy enforcement, including the Federal Trade Commission's recent guidance on consumer protection in the car industry, highlight the importance of proactive risk management, compliance and data governance, say Jason Priebe and Danny Riley at Seyfarth.

  • 5 Critical Factors Driving Settlement Values In Cyber Litigation

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    Recent ransomware incidents and their legal repercussions offer five valuable insights into the determinants of settlement values in cyberattack-related litigation, and understanding these trends and their implications can better prepare organizations for the potential legal fallout from future breaches, says Peter Kamminga at JAMS.

  • Money, Money, Money: Limiting White Collar Wealth Evidence

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    As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • High Court's Abortion Pill Ruling Shuts Out Future Challenges

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    The U.S. Supreme Court's unanimous ruling in U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine maintains the status quo for mifepristone access and rejects the plaintiffs' standing theories so thoroughly that future challenges from states or other plaintiffs are unlikely to be viable, say Jaime Santos and Annaka Nava at Goodwin.

  • 5 Steps To Navigating State Laws On Healthcare Transactions

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    As more states pass legislation requiring healthcare-transaction notice, private equity investors and other deal parties should evaluate the new laws and consider ways to mitigate their effects, say Carol Loepere and Nicole Aiken-Shaban at Reed Smith.

  • Orange Book Warnings Highlight FTC's Drug Price Focus

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    In light of heightened regulatory scrutiny surrounding drug pricing and the Federal Trade Commission's activity in the recent Teva v. Amneal case, branded drug manufacturers should expect the FTC's campaign against allegedly improper Orange Book listings to continue, say attorneys at Ropes & Gray.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • PBM Takeaways From Proposed Telehealth Flexibility Bill

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    The U.S. House of Representatives' proposal to extend certain telehealth flexibilities signals a robust commitment to expanding telehealth access, though its plan to offset additional expenses through pharmacy benefit manager reform could lead to some industry consolidation, say attorneys at Mintz.

  • A Plaintiffs-Side Approach To Cochlear Implant Cases

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    As the number of cochlear implants in the U.S. continues to grow, some will inevitably fail — especially considering that many recalled implants remain in use — plaintiffs attorneys should proactively prepare for litigation over defective implants, says David Shoop at Shoop.

  • Inside Antitrust Agencies' Rollup And Serial Acquisition Moves

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    The recent request for public comments on serial acquisitions and rollup strategies from the Federal Trade Commission and U.S. Justice Department mark the antitrust agencies' continued focus on actions that fall below premerger reporting thresholds, say attorneys at Paul Weiss.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

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