Health

  • February 22, 2024

    Family Dollar Accused Of Knowingly Selling Unsafe Drugs

    Two customers hit Family Dollar Stores Inc. and its parent company Dollar Tree Inc. with a proposed class action Wednesday in Florida federal court, alleging the discount chain stored over-the-counter drugs in high temperatures but still sold the unsafe products to consumers.

  • February 22, 2024

    CVS Says Redbox Won't Remove Kiosks Despite Expired Deal

    Pharmacy chain CVS filed a lawsuit against Redbox in Illinois state court Wednesday alleging the DVD rental company has refused to remove its kiosks from 10 CVS stores across the country after their deal expired, and is seeking over $424,000 in unpaid commissions and the removal of the kiosks.

  • February 22, 2024

    Wash. AG Seeks $1.2M In Damages For Debt Collector's Errors

    A debt collection company should pay more than $1.2 million after it "didn't even come close to complying with the law" while recovering medical debt payments for a hospital in Washington, the state attorney general's office told a judge during a bench trial Thursday.

  • February 22, 2024

    Justices Urged To Affirm Limits On Mifepristone Access

    The Alliance for Hippocratic Medicine filed a brief in its U.S. Supreme Court case over the abortion medication mifepristone on Thursday, saying the U.S. Food and Drug Administration unlawfully rolled back various safeguards for accessing the pill, such as an in-person doctor's visit requirement.

  • February 22, 2024

    Law Firm Sued For Using Photo Of Disgraced OB-GYN Online

    A professional photographer has accused Dallas-based The Schmidt Firm PLLC of copyright infringement over an image of convicted sexual abuser and former Columbia University obstetrician-gynecologist Robert Hadden, saying in Texas federal court that the firm used the image on its website without permission.

  • February 22, 2024

    NYC Doc Charged Over $20M Lab-Fraud Kickback Scheme

    A federal grand jury in New Jersey has returned an indictment charging a medical doctor with receiving kickbacks in exchange for ordering medically unnecessary tests from lab companies that submitted roughly $20.7 million in false Medicare claims, the U.S. Department of Justice announced.

  • February 22, 2024

    North Carolina Hospitals Can't Exit Monopoly Claims

    Two healthcare companies cannot escape a consolidated antitrust suit claiming that a North Carolina hospital system drove up the price of health insurance for public employees, as a federal judge has found that the claims plausibly allege that the anti-competitive conduct occurred within the time window to sue.

  • February 22, 2024

    HHS' Civil Rights Office Reaches 2nd-Ever Ransomware Deal

    The Department of Health and Human Services has reached a deal with a Maryland-based behavioral health practice over a ransomware attack that affected the protected health information of nearly 15,000 individuals.

  • February 22, 2024

    Conn. AG Defends $10M Remedy Bid Against Nursing School

    The state of Connecticut on Thursday defended its request to collect a $10 million litigation placeholder from a shuttered nursing school, arguing state regulators were correct to take action against the troubled institution despite the school's strenuous assertions that the attorney general's office is wrong on many facts.

  • February 22, 2024

    DOJ Reports $2.7B False Claims Act Haul In 2023

    The U.S. Department of Justice on Thursday released its latest data on recoveries under the False Claims Act, saying there were nearly $2.7 billion in settlements and judgments in the 2023 fiscal year, an increase from the prior year's haul. 

  • February 22, 2024

    Opioid Drug Co. Sued In Del. For Promotion-Tied Stock Drop

    Stockholders of opioid drug producer Talphera Inc. have sued the company's top officers and directors in Delaware's Court of Chancery, seeking derivative damages for harm to the business purportedly caused by the dangerous promotion of a flagship opioid.

  • February 22, 2024

    Mass. Medical Regulator Seeks Pregnancy Center Records

    A group of pregnancy crisis centers in Massachusetts and their medical director have been hit with a civil investigative demand by the state's medical board, which says it is looking into allegations the clinics "may be engaging in deceptive practices" and allowing unlicensed employees to perform ultrasounds and other procedures.

  • February 22, 2024

    Total Vision's Antitrust Suit Against VSP Kept Largely Intact

    Total Vision can move forward with most antitrust claims accusing eye care insurance giant VSP of hamstringing it and trying to force an acquisition at a dramatically reduced price, after a California federal judge said VSP cannot summarily duck behind a deal signing away Total Vision's rights to sue.

  • February 22, 2024

    'Baffled' Judge Tells Attys Flo Health Case Isn't 'World War III'

    A California federal judge on Thursday blasted the parties in a proposed class action alleging that menstruation tracking app Flo Health impermissibly shares users' health information with Google and others, saying with their voluminous expert requests and "nitpicky" discovery letters, they're "litigating this case like it's World War III."

  • February 22, 2024

    Fired Exec Says Conn. Hospital Booted Her For Her Age

    A former Waterbury Hospital executive is suing her ex-employer in Connecticut federal court, saying it posted her job on a career site while she was on medical leave and then fired her so the CEO could "replace her with someone younger and more attractive."

  • February 22, 2024

    HHS Warning to Congress: Health Data Breaches Surging

    The number of large data breaches exposing protected health information more than doubled in a recent five-year period, reaching 626 incidents in 2022 that affected nearly 42 million people, federal officials said Thursday.

  • February 22, 2024

    9th Circ. OKs NLRB's Dues Stance, But Judge Decries Shifts

    A Ninth Circuit panel handed the National Labor Relations Board a pair of victories in a dispute over union dues, holding that valid dues authorization forms can be worded in a variety of ways and that employers can't suddenly stop deducting dues when a union contract expires.

  • February 22, 2024

    Biotech VC Firm ORI Capital Closes $260M Fund

    Biotech venture capital firm ORI Capital announced Thursday that it has closed a $260 million fund to invest in early-stage biotech companies globally.

  • February 22, 2024

    Texas Pharmacists Paid Doctors Kickbacks, Prosecutors Say

    Dallas federal prosecutors have accused about a dozen doctors and pharmacists of a patient referral scheme, saying in an indictment entered Thursday that the pharmacists gave the doctors kickbacks in exchange for expensive prescriptions fillable at specific pharmacies.

  • February 22, 2024

    Mich. Judge OKs $52M Deal For Mayo Foundation Subscribers

    A Michigan federal judge on Wednesday gave the initial approval to a $52 million deal for subscribers to the Mayo Foundation's health magazine who allege the publisher shared their private information without consent.

  • February 22, 2024

    11th Circ. Backs Mayo Clinic Win In Race, Sex Bias Case

    The Eleventh Circuit on Wednesday declined to reinstate a case brought against Mayo Clinic by a Black former clinical specialty representative who alleged she was treated differently than white employees throughout her employment and later fired as a result of her race and gender.

  • February 22, 2024

    Anapol Weiss Absorbs Injury Boutique Attys, Adds Partner

    Anapol Weiss has joined forces with a Philadelphia personal injury boutique and added a partner from Saltz Mongeluzzi & Bendesky PC, the firm announced this week.

  • February 22, 2024

    Healthcare Biz Founder Seeks Legal Costs For Fraud Fight

    The founder and former CEO of a healthcare business that provides medical device monitoring services has sued the company in Delaware Chancery Court, seeking to have it pay her legal costs in defense of fraud claims lodged against her.

  • February 22, 2024

    Fla. Whistleblower Suit Deal Averts Littler's Disqualification

    Littler Mendelson PC won't have to face a disqualification bid in Florida federal court over a firm attorney's purported use of a mistakenly produced, privileged document at a deposition after its client reached a settlement in a whistleblower retaliation suit, court records show.

  • February 22, 2024

    Hearst Lands Win Over Boston Videographer's Vax Claims

    A news videographer's concerns about receiving the COVID-19 vaccine fell short of qualifying as a sincerely held religious belief, according to a Boston federal judge whose ruling Thursday dismissed the fired employee's worries as mere personal judgments "rigged out with religious verbiage."  

Expert Analysis

  • Opinion

    Biden Admin's March-In Plan Would Hurt Medical Innovation

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    The Biden administration's proposal to reinterpret the Bayh-Dole Act and allow the government to claw back patents when it determines that a commercialized product's price is too high would discourage private investment in important research and development, says Ken Thorpe at the Rollins School of Public Health.

  • 5 Lessons For SaaS Companies After Blackbaud Data Breach

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    Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.

  • Why Biz Groups Disagree On Ending Chevron Deference

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    Two amicus briefs filed in advance of last month's U.S. Supreme Court oral arguments in Loper Bright Enterprises v. Raimondo highlight contrasting views on whether the doctrine of Chevron deference promotes or undermines the stable regulatory environment that businesses require, say Wyatt Kendall and Sydney Brogden at Morris Manning.

  • Opinion

    Oregon Law Would Compromise Management Service Orgs

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    If passed, a proposed Oregon law would materially limit physician corporate practice of medicine structures, causing significant disruption to the provision of medicine and hindering professional corporations' ability to focus on the clinical components of their practice, say Christina Bergeron and William Shefelman at Ropes & Gray.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Preparing For DOJ's Data Analytics Push In FCPA Cases

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    After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.

  • Reducing The Risk Of PFAS False Advertising Class Actions

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    A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.

  • USCIS Fee Increases May Have Unintended Consequences

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    U.S. Citizenship and Immigration Services’ new fee schedule, intended to provide the agency with needed funds while minimizing the impact of higher fees on individual immigrants and their families, shifts too much of the burden onto employers, say Juan Steevens and William Coffman at Mintz.

  • HR Antitrust Compliance Crucial Amid DOJ Scrutiny

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    The Justice Department's Antitrust Division recently announced a required human resources component for antitrust compliance programs, which means companies should evaluate their policies to prevent, detect and remediate potential violations as they add training for HR professionals, say attorneys at Morgan Lewis.

  • Lessons From Rare Post-Verdict Healthcare Fraud Acquittal

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    A Maryland federal court recently overturned a jury verdict that found a doctor guilty of healthcare fraud related to billing levels for COVID-19 tests, providing defense attorneys with potential strategies for obtaining acquittals in similar prosecutions, says attorney Andrew Feldman.

  • ChristianaCare Settlement Reveals FCA Pitfalls For Hospitals

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    ChristianaCare's False Claims Act settlement in December is the first one based on a hospital allegedly providing private physicians with free services in the form of hospital-employed clinicians and provides important compliance lessons as the government ramps up scrutiny of compensation arrangements, say attorneys at Sheppard Mullin.

  • Texas Ruling Clarifies That Bankruptcy Shields LLC Rights

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    A Texas bankruptcy court’s recent ruling in In re: Envision makes it clear that the Bankruptcy Code preempts a section of Delaware state law that terminates a member’s interest in an LLC upon a bankruptcy filing, clarifying conflicting case law, say Larry Halperin and Joon Hong at Chapman and Cutler.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • The Latest Antitrust Areas For In-House Counsel To Watch

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    The U.S. Department of Justice and the Federal Trade Commission's increasingly aggressive approach to antitrust enforcement means in-house counsel should closely monitor five key compliance issues, say attorneys at Squire Patton.

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