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Health
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January 09, 2025
Yale Wins Info Battle In $435M Hospital Sale Contract Fight
Three Connecticut property owners must hand over internal analyses and communications to Yale New Haven Health Services Corp. as it seeks evidence in support of its bid to back out of a $435 million deal to purchase hospitals from Prospect Medical Holdings Inc., a state court judge ruled.
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January 09, 2025
Ropes & Gray-Led Vistria Wraps Largest-Ever Fund At $3B
Middle-market private equity shop The Vistria Group LP, advised by Ropes & Gray LLP, on Thursday said it clinched its largest-ever private equity fund after securing $3 billion of total investor commitments.
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January 09, 2025
Embryo Loss Suits Against CooperSurgical Mount In Conn.
CooperSurgical Inc. now faces four lawsuits in Connecticut that allege a defective product caused the loss of embryos conceived through in vitro fertilization, after a Georgia couple added their case to a growing pile of litigation.
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January 08, 2025
Wash. Official Presses Hospital On Filing Delay In Death Suit
A Washington state appellate official asked Wednesday why a hospital should be allowed to defend itself against a wrongful death suit even after it failed to respond to the complaint, noting there was nothing in the record explaining the internal snafu that caused the silence.
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January 08, 2025
Meta, Microsoft, Google Seek To Toss DNA Data-Sharing Suit
DNA-testing platform Nebula Genomics, Meta Platforms, Microsoft and Google urged a Chicago federal judge to toss a putative class action accusing the companies of surreptitiously misusing customers' genetic data through tracking software on Nebula's website, arguing that the complaint lacks specifics tying the defendants to alleged wrongdoing.
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January 08, 2025
Captive Insurer Says Reinsurer Must Cover Legionnaires' Row
The captive insurer of a Michigan healthcare system asked a federal court Wednesday to find that its reinsurer couldn't sell off coverage responsibilities and owes payment for underlying suits alleging various patients contracted Legionnaires' disease.
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January 08, 2025
Colo. Judge Certifies National Class Of Senior Care Investors
A Colorado federal judge on Wednesday certified a nationwide class of stockholders in a securities suit alleging a senior health care company made misleading statements in an initial public offering that later caused stock prices to tank after a government audit exposed the falsehoods.
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January 08, 2025
UnitedHealth Wants $3.3B Amedisys Deal Challenge Tossed
UnitedHealth Group and Amedisys Inc. asked a Maryland federal court Wednesday to toss a challenge of their planned $3.3 billion merger, contending that federal and state enforcers are refusing to say what "local" home health and hospice service markets would be hurt by the deal.
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January 08, 2025
Patent Board Knocks Out Most Of Apple Patent
Two rulings out of the Patent Trial and Appeal Board have wiped out several claims in a patent Apple is asserting against a medical software company that was initially first to assert patents against Apple over health-related programming in the Apple Watch.
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January 08, 2025
USTR Warns Of Risks Posed By Counterfeit Pharmacies
The Office of the U.S. Trade Representative on Wednesday released its latest list of overseas "notorious markets" selling illicit and counterfeit goods, pointing in particular to a boom in counterfeit online pharmacies selling knock-off medications that pose a risk both to public health and businesses' intellectual property interests.
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January 08, 2025
Telligen's TM Suit Against IT Co. Can Move Forward
A California federal judge is letting a trademark lawsuit from health data company Telligen proceed against information technology company Telligens, ruling that he was not yet convinced that the suit was filed 10 years too late.
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January 08, 2025
CFPB Hit With Industry Suit Over Medical Debt Reporting Rule
A top trade group for the credit reporting industry has moved to challenge the Consumer Financial Protection Bureau's new rule that would take billions of dollars in medical debt off credit reports, accusing the agency of overreach in a lawsuit filed in Texas federal court.
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January 08, 2025
3 Firms Steer Galapagos' Plan To Spin Off New Drug Company
Belgian biotechnology firm Galapagos NV said Wednesday that it will spin off certain operations into a second company focused on developing innovative medicines with about €2.45 billion ($2.5 billion) in cash to start, while Galapagos in turn focuses on cell therapies, through a deal guided by three law firms.
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January 08, 2025
Indiana Lawmakers File Medical Pot, Decriminalization Bills
Indiana lawmakers this week filed bills to decriminalize possession of small amounts of marijuana and to legalize medical marijuana and create a regulatory regime to oversee its cultivation and sale.
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January 08, 2025
Ariz. Tribe Sues Social Media Giants Over Youth Mental Health
An Apache tribe has hit all the social media giants with a suit in California federal court claiming the companies' platforms are designed to addict young people but have a particularly bad effect on Native American youth, who already face a high risk of depression, addiction and suicide.
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January 08, 2025
2nd Circ. Backs NYC Hospital In Retirement Plan Fee Suit
The Second Circuit refused Wednesday to reopen a proposed class action claiming Montefiore Medical Center allowed its employee retirement plan to be saddled with excessive recordkeeping fees, saying the workers leading the suit failed to show the plan paid too much for the services it received.
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January 08, 2025
Buchanan Ingersoll Adds Frier Levitt Pharmacy Atty In NJ
Buchanan Ingersoll & Rooney PC added a shareholder this week in its Newark, New Jersey, office from Frier Levitt who specializes in representing various kinds of pharmacies in transactions, litigation, investigations and other matters.
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January 08, 2025
Wilson Sonsini, Cooley Lead $621M Take-Private Of Accolade
Private equity-backed healthcare company Transcarent, advised by Wilson Sonsini Goodrich & Rosati PC, and personalized healthcare company Accolade, led by Cooley LLP, on Wednesday announced plans to merge in a $621 million deal that will result in Accolade becoming a private company.
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January 07, 2025
DOJ Watchdog Criticizes Trump Officials For COVID Leaks
The U.S. Department of Justice's Office of the Inspector General has found that senior Justice Department officials under the first Trump administration improperly leaked information about investigations into COVID-19 deaths in states run by Democrats shortly before the 2020 presidential election, according to a report posted Tuesday.
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January 07, 2025
HHS Fines Mass. Health Firm $80K Over Ransomware Attack
Elgon Information Systems, which provides digital medical record and billing support services, will pay $80,000 over alleged healthcare data protection rule violations following a ransomware attack on its systems in March 2023 that impacted roughly 31,248 customers, the U.S. Department of Health and Human Services announced Tuesday.
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January 07, 2025
Alcohol Warnings Unlikely To Bring Same Fate Tobacco Faced
The U.S. surgeon general on Friday recommended that alcohol carry warnings about cancer risks, and attorneys say that while warning labels might be warranted, alcohol is unlikely to become the next tobacco.
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January 07, 2025
Feds Defend FCA Whistleblower Constitutionality At 11th Circ.
The federal government has called on the Eleventh Circuit to uphold the constitutionality of the False Claims Act's whistleblower provisions, saying a Florida district court ruling otherwise is an "outlier" that goes against U.S. Supreme Court precedent.
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January 07, 2025
Surgeon Says Unprovided Report Should Nix Transplant Suit
A lawsuit from the families of three patients who died on a Texas hospital's liver transplant waiting list should have been tossed because the families failed to provide an expert report to a surgeon accused of tampering with their data, the surgeon argued to a state appeals court Monday.
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January 07, 2025
Conn. AG, Feds Reach 3rd Dentist Kickback Settlement
A joint investigation by state and federal law enforcement has netted its third settlement with a Connecticut dentist accused of using illegal patient recruiting tactics to rip off Medicaid.
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January 07, 2025
Cannabis Reformers Move To Oust DEA From Pot Hearings
The U.S. Drug Enforcement Administration has worked behind the scenes to undermine an administrative process that will determine whether federal restrictions on marijuana are relaxed, a group of reformers alleged in a new filing submitted to an agency tribunal.
Expert Analysis
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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What Drug Cos. Must Know About NY Price Transparency Law
Drug manufacturers must understand the contours of New York's recently implemented law requiring self-reporting of drug price increases, as well as best practices for compliance and challenges against similar laws in other states, say Elizabeth Bierut and Angie Garcia at Friedman Kaplan.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Whistleblowers Must Note 5 Key Differences Of DOJ Program
The U.S. Department of Justice’s recently unveiled whistleblower awards program diverges in key ways from similar programs at other agencies, and individuals must weigh these differences and look first to programs with stronger, proven protections before blowing the whistle, say Stephen Kohn and Geoff Schweller at Kohn Kohn.
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The Licensure Landscape For Psychedelics Manufacturers
As the need for bulk manufacturing of psychedelic substances grows, organizations aiming to support clinical trials or become commercial suppliers must navigate a rigorous and multifaceted journey to obtaining a license from the U.S. Drug Enforcement Administration, say Kimberly Chew at Husch Blackwell and Jaime Dwight at Promega Corp.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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What FCA Cases May Look Like In The Age Of Generative AI
Generative artificial intelligence raises unique considerations both in the context of potentially leading to False Claims Act cases and in the discovery and litigation phases of these lawsuits, says attorney Rachel Rose.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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OSHA Workplace Violence Citation Highlights Mitigation Steps
The Occupational Safety and Health Administration's recent citation against behavioral health company Circles of Care sheds light on the enforcement risks companies may face for failing to prevent workplace violence, and is a reminder of the concrete steps that can help improve workplace safety, say attorneys at Benesch.
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When Banks Unknowingly Become HIPAA Biz Associates
There appears to be significant confusion regarding the application of the Health Insurance Portability and Accountability Act to financial institutions when serving healthcare-related clients, so these institutions should consider undertaking several steps as a starting point in the effort to achieve compliance, say attorneys at Vorys.
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The Regulatory Headwinds Facing Lab-Developed Tests
Though the U.S. Food and Drug Administration's final rule regarding regulation of laboratory-developed tests outlines a four-year plan for ending enforcement discretion, and though this rule is currently being challenged in courts, manufacturers should heed compliance opportunities immediately as enforcement actions are already on the horizon, say attorneys at Kirkland & Ellis.