Policy & Compliance
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September 24, 2024
Firms Allowed To Exit IP Case After Gaining Philips' Consent
A North Carolina federal judge allowed Dentons and Morningstar Law Group to withdraw as Transtate Equipment Co. Inc.'s counsel in a copyright and unfair competition case, after a stipulation was struck with opposing attorneys representing a Dutch health technology conglomerate that initially scoffed at the request.
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September 24, 2024
Insurer Wants Quick Appeal At 8th Circ. In DOL Tax Fight
A health insurer will seek the Eighth Circuit's review after a federal judge refused to toss a suit from the U.S. Department of Labor claiming the company unlawfully took at least $66.8 million in Minnesota state tax liability from plans it administered to pay in-network providers.
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September 24, 2024
Senators Spar Over Abortion Bans Where 'Docs Play Lawyer'
Republican and Democratic senators on Tuesday grappled with whether some states' abortion bans conflict with a federal emergency care law and whether exceptions under those bans put doctors in situations where they must decide between a prison sentence or providing emergency stabilizing care.
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September 24, 2024
Home Care Co. Cuts $400K Deal To End EEOC Race Bias Suit
A home healthcare company has agreed to pay Black and Hispanic employees $400,000 to resolve a U.S. Equal Employment Opportunity Commission suit filed in New York federal court claiming it allowed patients to request — or turn away — their home attendants based on their race.
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September 24, 2024
In Florida, Regulators Eye Brazilian Butt Lift Industry
A spate of patient deaths following a gluteal fat graft — otherwise known as a Brazilian butt lift — has the attention of lawmakers and regulators in Florida, the epicenter of a booming plastic surgery business. The state’s moves may ripple through other parts of the country if the procedure continues to grow in popularity.
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September 23, 2024
'Dreamers' Want In On GOP States' Suit Over ACA Coverage
Deferred Action for Childhood Arrivals recipients and a Maryland nonprofit have moved to intervene in a Republican states-led lawsuit challenging a rule giving DACA beneficiaries access to Affordable Care Act health insurance programs, saying the Biden administration can't adequately represent their interests.
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September 23, 2024
Edelson, Susman, Berger To Lead MultiPlan Collusion MDL
An Illinois federal judge on Monday tapped a team of lawyers from Edelson PC, Susman Godfrey LLP and Berger Montague PC to take the lead for plaintiffs in multidistrict litigation accusing MultiPlan and a host of insurers of colluding through the use of the data firm's pricing tools to systematically underpay out-of-network providers.
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September 23, 2024
Aetna ER Payment Suit Remanded To Ohio State Court
An Ohio federal judge remanded a suit accusing multiple Aetna health insurance entities of underpaying healthcare workers for emergency services they provide to its insureds to state court, stating that to resolve the claims in his own court "would disrupt the state-federal balance of judicial responsibilities."
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September 20, 2024
Arbitration Unlikely For Nursing Home Poison Death Suit
A California state appeals court has all but affirmed the denial of arbitration in a suit alleging a nursing home caused the poisoning death of a resident who was mistakenly served industrial cleaner left in a pitcher, saying the trial court must first review the validity of the arbitration agreement.
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September 20, 2024
5th Circ. Deals Biden A Loss in Medicare Drug Pricing Row
A Fifth Circuit panel majority said that a healthcare trade association has standing to challenge the Biden administration's Medicare drug pricing program, allowing the group to sidestep agency administrative procedure and test its claims in federal court.
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September 20, 2024
3 Atty Takeaways On Mental Health Parity Final Rules
Federal agencies' recently finalized rules for how employer health plans must analyze their coverage of mental health and substance use disorder treatments imposes significant new reporting and disclosure requirements, although regulators backed off more sweeping proposed network design changes. Here are attorneys' three key takeaways from the final mental health parity rules — what made it in, what's out and what to watch for next.
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September 20, 2024
Green Groups Can't Bar Housing Project, SC Judge Says
A South Carolina federal judge on Thursday denied conservation groups' push to block a 9,000-unit housing development on the Cainhoy Peninsula near Charleston, ruling they've not shown they're likely to succeed in a case challenging federal reviews and approvals.
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September 20, 2024
FTC Accuses Drug Middlemen Of Raising Insulin Prices
The Federal Trade Commission on Friday accused the three largest pharmacy benefits managers, Caremark Rx, Express Scripts and OptumRx, of artificially inflating insulin prices by relying on unfair rebate schemes that hurt competition.
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September 19, 2024
Ga. Appeals Court Says Hospital Must Get Certificate Of Need
The Georgia Court of Appeals for the second time has said that a Georgia hospital must obtain a new certificate of need from the state to convert its long-term care beds to short-stay acute care beds, following guidance issued by the state's justices earlier this year.
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September 19, 2024
Teamsters Unit Escapes Hospital Worker's Wage Suit
A Massachusetts federal judge tossed a hospital worker's claims that a Teamsters unit failed to properly represent her when she didn't receive as big a pay bump under a new collective bargaining agreement as expected, saying the union showed it did what it could to advocate for her.
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September 18, 2024
7th Circ. Questions Nixing $183M Eli Lilly Drug Rebate Verdict
A Seventh Circuit judge seemed unsure Wednesday whether to disturb a $183 million verdict against Eli Lilly in a false claims case targeting more than a decade of drug rebate miscalculations, questioning whether the company skipped checking legal guidance before calling its price reporting requirements unclear.
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September 18, 2024
Health AI Co. Says Texas AG 'Misrepresents' Compliance Deal
The Texas attorney general's Wednesday announcement of a compliance agreement with a healthcare-focused artificial intelligence company has sparked backlash from the company, which accused the state prosecutor of "dangerously" misrepresenting their agreement.
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September 18, 2024
Ex-Amgen Rep Wasn't Original Whistleblower, Judge Says
A Brooklyn federal judge tossed a former Amgen sales representative's whistleblower suit on Wednesday, saying many elements of his allegations of a kickback scheme had been disclosed in news reports and civil lawsuits prior to his filing.
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September 17, 2024
North Carolina Panel Orders Redo In Hospital Beds Battle
A Tar Heel State administrative court erred when it used the state health department's failure to hold a public hearing as a basis to yank the department's approval of the University of North Carolina's application to enhance its hospital's services, an appeals court ruled Tuesday, in a setback for Duke University's healthcare unit.
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September 17, 2024
Texas Fertility Clinic Hid 'Catastrophic' Lab Issue, Couples Say
Five couples accused a Houston fertility institute of hiding "catastrophic" laboratory issues that affected patients' embryos, saying in a lawsuit that the entity instead injected multiple hopeful mothers with "dead or dying" eggs.
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September 17, 2024
Henrietta Lacks' Family Still Seeks Justice For 'Immortal' Cells
Seven decades have passed since a doctor at a Baltimore hospital took, without permission, a sample of cells from a Black woman suffering from cervical cancer. While the durable strain of human cells known as "HeLa" has fueled a handful of lawsuits against drug companies accused of profiting from stolen genetic material, more are likely on the way.
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September 17, 2024
Brooklyn Feds Unveil Whistleblower Nonprosecution Plan
The Brooklyn U.S. Attorney's Office on Tuesday announced an initiative to reward corporate whistleblowers with nonprosecution deals amid a broader effort by federal prosecutors to encourage voluntary disclosure of criminal activity.
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September 17, 2024
Express Scripts Blasts 'Biased' FTC Drug Middlemen Report
The Federal Trade Commission defamed Express Scripts and violated its constitutional rights with an inaccurate report that ripped the role pharmacy benefit managers play as middlemen between drugmakers and insurers, according to a lawsuit lodged Tuesday in Missouri federal court.
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September 17, 2024
Blumenauer Pushes House Speaker To Put Pot Bill To Vote
U.S. Rep. Earl Blumenauer, D-Ore., on Monday urged House Speaker Mike Johnson to bring bipartisan cannabis legislation to a vote following revelations that Richard Nixon admitted privately that marijuana was "not particularly dangerous" while he publicly waged the war on drugs.
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September 16, 2024
5th Circ. Judge Chides High Court Calls in Abortion Pill Case
U.S. Circuit Judge James C. Ho on Monday threw shade at the U.S. Supreme Court and the Biden administration over what he described as side-switching on federal conscience laws for doctors.
Expert Analysis
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When Patients Have Standing For Hospital Antitrust Suits
Brown v. Hartford Healthcare Corp., recently decided by a Connecticut state court, provides a useful examination of how antitrust standing issues may be analyzed when patients directly sue a healthcare system for anti-competitive conduct, says Charles Honart at Stevens & Lee.
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ESG Around The World: Singapore
Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.
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The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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'Patient' Definition Ruling Raises Discount Drug Questions
A South Carolina federal court's recent decision in Genesis Health Care v. Becerra supports a broader definition of a "patient" eligible to receive discounted drugs under the Section 340B program, but raises a host of novel questions regarding how the decision will affect covered entities and enforcement actions, say attorneys at McDermott.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Activist Short-Sellers Are The Dark Knights Of Wall Street
While so-called activist short-sellers have been subject to increased scrutiny in recent years, these investors work in the shadows like Batman to expose fraud on Wall Street, often generating leads that may move regulators to take action, say attorneys at Labaton Sucharow.
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Steps Toward A Unified Health Financing System For Calif.
A new law authorizes the secretary of the California Health and Human Services Agency to move forward with designing a unified healthcare financing system, though the notable absence of healthcare payers in the law's list of specified stakeholders raises questions about the state's position regarding private payer options, says Ima Nsien at Squire Patton.
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Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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White House Activity Is A Band-Aid For Regulating AI In Health
In the medium term, recent White House actions will have a greater impact on AI in the health care industry than Congress' sluggish efforts to regulate it, but ultimately legislation of AI's development and use in the health space will fall to Congress, say Wendell Bartnick and Vanessa Perumal at Reed Smith.