Health

  • February 20, 2024

    Steward Health CEO Accused Of $45M Dividend Fraud

    A California medical staffing agency says embattled Steward Health Care owes it a whopping $45 million, telling a Texas federal court that Steward CEO Ralph de la Torre should cough up part of the sum because he issued a $111 million fraudulent dividend even though his company was drowning in debt.

  • February 20, 2024

    Fed. Circ. Backs Microsoft's PTAB Win Over 3D Patents

    The Patent Trial and Appeal Board properly invalidated a pair of 3D medical imaging patents challenged by Microsoft, the Federal Circuit affirmed Tuesday.

  • February 20, 2024

    Justices Decline Malpractice Dispute Over $6M Settlement

    The U.S. Supreme Court on Tuesday declined to hear the appeal of a Massachusetts legal malpractice suit in which Lubin & Meyer PC was accused, and cleared by a lower court, of pressuring a family into accepting a $6 million settlement that the family claims could have been higher.

  • February 20, 2024

    Insurers Say Pollution Exclusion Bars Cancer Suits Defense

    An oil company accused of causing four people to develop cancer through exposure to harmful chemicals should not have coverage for its defense of the claims, according to four Nationwide units that told an Illinois federal court the company has no pollution coverage.

  • February 20, 2024

    Healthcare Group Of The Year: Hogan Lovells

    Hogan Lovells' health team secured multibillion-dollar acquisitions and redefined the limits of federal antitrust challenges against state healthcare transactions in just two chapters of its landmark year for the health practice group, landing it among Law360's 2023 Healthcare Practice Groups of the Year.

  • February 20, 2024

    'Perfect Storm' Allows For Med Mal Suit Deadline Extension

    A New Jersey appeals panel won't throw out a woman's claims against an anesthesiologist in a suit over a botched procedure, saying a "perfect storm" of circumstances warrants an extension of the 120-day deadline for filing an affidavit of merit.

  • February 20, 2024

    Pa. Contractor Says Ohio Cosmetic Centers Skipped $2M Bill

    A construction contractor took the owner of several medical spa and cosmetic surgery practices to Pennsylvania state court on Friday after the healthcare firm allegedly halted projects in two Ohio suburbs and then failed to pay $2 million that the builder was owed for its work on them.

  • February 20, 2024

    Justices Won't Touch UBH Mental Health Coverage Case

    The U.S. Supreme Court declined Tuesday to hear United Behavioral Health's challenge to a Tenth Circuit decision that found the company violated federal benefits law by refusing to cover a teenage girl's inpatient mental health treatment claims.

  • February 16, 2024

    Judge Seeks Briefing On New Expert Proposed In Tylenol MDL

    U.S. District Judge Denise Cote signaled Friday that she's willing to consider a new expert witness proposed in the multidistrict litigation alleging prenatal exposure to acetaminophen causes ADHD, directing the parties to propose a briefing schedule on whether the expert's opinion is admissible.

  • February 16, 2024

    11th Circ. Upholds Insurer's Win In Worker's Health Bias Fight

    The Eleventh Circuit on Friday rejected a former Alfa Mutual Insurance Co. worker's bid to reopen her disability discrimination suit accusing the insurer of illegally firing her to sidestep high healthcare costs related to her multiple sclerosis and severe migraines.

  • February 16, 2024

    Athira Pharma Investors Win OK Of $10M Deal On Second Try

    Over 30,000 Athira Pharma investors have scored preliminary approval of a $10 million settlement over claims its former CEO manipulated studies relating to an Alzheimer's drug, five months after a Washington federal judge rejected their first bid but let them try again to address concerns over conflicts and equitable treatment.

  • February 16, 2024

    ADA Does Not Protect Medical Pot Use, Vt. Court Says

    A Vermont transit worker can't pursue a civil rights lawsuit against his employer who terminated him after he tested positive for marijuana, a Vermont federal judge has ruled, saying the Americans with Disabilities Act doesn't protect people with disabilities treated with medical marijuana.

  • February 16, 2024

    NC's Stein Supports Abortion Drug Manufacturer In W.Va. Case

    North Carolina Attorney General Josh Stein said Friday that he has jumped in to support an abortion drug manufacturer in its case against West Virginia's restriction of mifepristone, telling the Fourth Circuit that states can't enforce rules on the medication that the U.S. Food and Drug Administration has already dropped.

  • February 16, 2024

    Family Of 23-Year-Old Who Died From Ulcer Gets $30M

    A Florida state jury awarded $30 million to the family of a 23-year-old woman who died from an untreated ulcer at a Tampa hospital after finding the two doctors entrusted with her care liable for negligence.

  • February 16, 2024

    The Congressman Who Reps Cannabis Reform On Capitol Hill

    Rep. Earl Blumenauer speaks to Law360 about the prospects for Congress enacting marijuana reform, why he supports moving cannabis to Schedule III and some of the drug policy triumphs and setbacks in his home state of Oregon.

  • February 16, 2024

    Va. Couple Sues CooperSurgical Over Destroyed Embryos

    CooperSurgical Inc. has been hit with a product liability action in California federal court by a Virginia couple alleging they went through the arduous process of in vitro fertilization only for the company's defective culture media to destroy their irreplaceable embryos.

  • February 16, 2024

    Catching Up With Delaware's Chancery Court

    News broke last week that Delaware's Court of Chancery will say goodbye to its current longest-serving jurist, a development that quickly overshadowed a busy week of new merger and board disputes, fee rulings, settlements, and books-and-records demands.

  • February 16, 2024

    Lack Of Affidavit Gets NJ Med Mal Death Suit Tossed

    A New Jersey appeals panel on Friday threw out a woman's claims that St. Joseph's Regional Medical Center is responsible for her mother's death, finding she failed to submit an affidavit of merit as required by state law.

  • February 16, 2024

    Fired Hospital Worker Can't Keep Fighting PTO Denial

    A maintenance worker who lost an administrative case alleging his ex-employer owed him money for unused paid time off when he was fired cannot try again to get a judgment in state court against the hospital where he worked or Michigan labor regulators, an appellate panel has found.

  • February 16, 2024

    Insurer Seeks To Cancel $15M Policy Over 'Human Life Wager'

    A life insurance company has urged a New Jersey federal court to void a $15 million policy it calls an illegal "human life wager" on a man whose death benefits a bank, rather than his own family.

  • February 16, 2024

    Ape Farm Says Ga. Officials Monkeying With $300M Bond Deal

    The company behind a proposed — and highly controversial — 1.75 million-square-foot monkey rearing facility in southwest Georgia has taken its fight against local officials to federal court, accusing a development authority of trying amid public outcry to back out of a $300 million bond deal to finance the project.

  • February 16, 2024

    Chromocell Hits Stock Markets Following $6.6M IPO

    Clinical-stage biotechnology company Chromocell Therapeutics Corp. began trading publicly on Friday after raising $6.6 million in its initial public offering, becoming the latest in a flurry of biotech IPOs.

  • February 16, 2024

    Medtronic Urges 8th Circ. To Undo Transfer Pricing Ruling

    Medical device company Medtronic asked the Eighth Circuit on Friday to overturn a decision rejecting its pricing method for licensing intellectual property to its Puerto Rican affiliate, saying in the long-running case that Medtronic hadn't used the intercompany arrangement to underreport its income.

  • February 16, 2024

    DC Circ. Sends Ambulance Co. Info Spat Back To NLRB

    The D.C. Circuit on Friday vacated a National Labor Relations Board decision that found an ambulance company unlawfully withheld information from a union, telling the board to review the company's obligation to provide documents under the parties' labor contract.

  • February 16, 2024

    Therapy Co.'s Policy Lie Bars Fraud Coverage, 4th Circ. Says

    A defunct child therapy practice is not entitled to coverage for suits accusing one of the practice's employees of pretending to be licensed, the Fourth Circuit affirmed in a published opinion Friday, saying a material misrepresentation in the clinic's insurance applications warrants rescission of the policy.

Expert Analysis

  • How Biotech Cos. Can Utilize Synthetic Royalty Financing

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    Synthetic royalty transactions have been on the rise as a funding structure for biotechnology companies, but questions have arisen surrounding how such transactions work, and structuring them correctly requires a nuanced understanding, say Todd Trattner and Ryan Murr at Gibson Dunn.

  • 2 SEC Orders Illuminate Bribery Risks For US-China Cos.

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    The U.S. Securities and Exchange Commission’s foreign bribery-related resolutions with 3M and Clear Channel offer important takeaways on compliance risks for companies with operations in China, from the role of traditionally low-risk vendors to gaps in internal accounting controls, say attorneys at Miller & Chevalier.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Best Practices For Untangling Mass Tort Claimants' Liens

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    Recent litigation over faulty earplugs produced by 3M is just one example of a mass tort where settlement payouts to claimants will likely be complicated by the number of liens and lienholders involved — but claimants' attorneys can speed up the lien resolution process by keeping a few key strategies in mind, says Mark Eveland at Verus.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • How Biotech Deals May Help Competition, Despite FTC View

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    The Federal Trade Commission's complaint against Sanofi's proposed partnership with Maze Therapeutics highlights increasing skepticism of so-called killer acquisitions, but a closer look reveals potentially legitimate reasons behind why entities might decide to delay or abandon the development of acquired products, say consultants at Analysis Group.

  • Health Policy Legislative Landscape May Remain Frozen

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    With Congress again delaying the full resolution of fiscal year 2024 federal spending legislation, there is now an additional window in which Congress could work through several priority issues for healthcare stakeholders, though these issues are unlikely to be resolved in time, say attorneys at Faegre Drinker.

  • Expediting Psychedelics Approvals In The US And Canada

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    Accelerated regulatory pathways for psychedelics in the U.S. and Canada play a pivotal role in the progression of drugs, devices and novel therapies toward commercialization, say Kimberly Chew at Husch Blackwell, and Ana Dukic and Sabrina Ramkellawan at AxialBridge.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Despite HHS Opinion, Gift Card Giveaways Require Caution

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    Though the U.S. Department of Health and Human Services' Office of Inspector General recently determined that a healthcare consulting firm's gift card plans do not violate the Anti-Kickback Statute, the opinion does not suggest blanket approval for providing gift cards in exchange for referrals, say Ragini Acharya and Matthew Deutsch at Husch Blackwell.

  • How Merck Settlement Can Inform Cyberinsurance Approach

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    This month's settlement in Merck v. ACE spotlights how cyber exclusions have evolved since the significant decision in the case — allowing for insurance coverage despite the presence of a policy war exclusion — and where else corporate risk managers may look for coverage in case of a cyberattack, say attorneys at McGuireWoods.

  • Staying Ahead Of The AI Policymaking Curve

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    With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

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