Policy & Compliance

  • April 29, 2024

    UnitedHealth's Cyberattack Response Is 'Inadequate,' AGs Say

    Nearly two dozen state attorneys general urged UnitedHealth Group and its subsidiary Change Healthcare "to do more" to address the fallout from a February cyberattack by Russian ransomware group Blackcat that breached their systems and services, noting their response efforts to the outage "have been inadequate."

  • April 29, 2024

    Trans Patients In NC, W.Va. Prevail In 4th Circ. Health Fight

    The Fourth Circuit on Monday affirmed two lower court decisions ordering North Carolina and West Virginia to end discriminatory exclusions for coverage of gender-affirming medical care for transgender people in both states, finding the lower courts properly struck down the policies as "textbook sex discrimination."

  • April 29, 2024

    Judge Rejects Class Certification Of Seizure Drug Customers

    An Illinois federal judge has rejected a class certification bid in a suit against drugmaker Mallinckrodt and prescription delivery platform Express Scripts, ruling that the plaintiffs were unable to meet their predominance burden as a class.

  • April 29, 2024

    DOL Finalizes Rescission Of ACA-Skirting Health Plan Rule

    The U.S. Department of Labor on Monday finalized its rescission of an association health plan rule that allowed small businesses to band together to create healthcare plans that skirt certain Affordable Care Act requirements, which a D.C. federal court largely invalidated in 2019.

  • April 26, 2024

    HHS Finalizes Bolstered Sexual Orientation Bias Protections

    The U.S. Department of Health and Human Services on Friday unveiled a final rule designed to beef up protections against discrimination in healthcare, in particular protecting access to healthcare for the LGBTQ+ community as well as for other vulnerable populations.

  • April 26, 2024

    Gov't Wants Ex-Boston Celtic Imprisoned For Health Plan Scheme

    Prosecutors asked a Manhattan federal judge to sentence former Boston Celtics player Glen "Big Baby" Davis to roughly three years in prison after he was convicted of scheming with a group of ex-pros to submit fraudulent invoices to the NBA's healthcare plan.

  • April 25, 2024

    Benefytt Successor Pursues Del.'s Bankruptcy Alternative

    Three affiliates of Benefytt Technologies have asked Delaware's Chancery Court for assignment for the benefit of creditors, a state-administered restructuring option, with $41 million in unsecured debt and $20 million worth of liens, saying the ripple effects of the health technology company's Chapter 11 drove them under.

  • April 25, 2024

    Houston Surgeon OKs Order For Docs In Wrongful Death Suit

    A transplant surgeon at Memorial Hermann Texas Medical Center in Houston and the families of three patients who died while on the hospital's liver transplant waiting list told a judge Thursday that they had agreed to a temporary restraining order preventing the doctor from deleting or altering any documents related to the families' wrongful death claims.

  • April 25, 2024

    5th Circ. May Ponder If Threats Are Claims In Healthcare Suit

    The Fifth Circuit will review Monday if a healthcare company is covered for a more than $200,000 settlement over mistakenly approving out-of-state treatment for a Florida Medicaid patient, with the case potentially hinging on whether a letter threatening litigation against another party constitutes a claim. Here, Law360 breaks down the case in advance of oral arguments.

  • April 25, 2024

    DOJ Still Owes Victims After $139M Nassar Settlement

    The federal government's $139 million settlement for victims of convicted sexual abuser Larry Nassar goes a long way toward holding the FBI responsible for its egregious mishandling of the victims' allegations, but gives no assurance that such complaints in the future will be handled properly, legal experts say.

  • April 25, 2024

    Jury Rejects Ex-Medical Co. GC's Suit Against Loeb & Loeb

    A Colorado federal jury has rejected a former in-house attorney's claim that Loeb & Loeb LLP and one of its ex-partners acted outrageously when they filed a lawsuit on behalf of a medical device company accusing him of stealing trade secrets.

  • April 25, 2024

    EEOC Pregnant Worker Rule Draws Suit From Red State AGs

    A group of 17 Republican state attorneys general hit the U.S. Equal Employment Opportunity Commission with a lawsuit Thursday over the agency's recently finalized Pregnant Workers Fairness Act regulations, saying the EEOC's stance that the PWFA encompasses abortion-related workplace accommodations is unconstitutional. 

  • April 24, 2024

    Motley Rice, Morgan & Morgan Among Ozempic MDL Leaders

    The Pennsylvania federal judge overseeing multidistrict litigation over alleged risks associated with Ozempic and similar drugs has appointed lawyers from Motley Rice LLC, Morgan & Morgan PA and six other firms to leadership roles, according to an order issued Tuesday.

  • April 24, 2024

    Bill To Repeal 'Zombie' 1864 Abortion Ban Clears Ariz. House

    Legislation that would repeal an 1864 law banning almost all abortions in Arizona narrowly cleared the state House on Wednesday after a handful of Republican lawmakers crossed party lines to help Democrats muscle the measure through following a bruising debate.

  • April 24, 2024

    Justices Spar On Interplay Of EMTALA, Idaho Abortion Ban

    The U.S. Supreme Court held a feisty debate Wednesday over whether an Idaho abortion ban is superseded by a federal law requiring doctors at Medicare-funded hospitals to give emergency care, including abortions, to women suffering a medical crisis.

  • April 23, 2024

    Misplaced Fears Leave Pregnant Subjects Out Of Drug Trials

    With federal drug regulators set to release new guidance meant to diversify clinical trial populations, new research largely undermines one key rationale for omitting pregnant and lactating people from drug and device development: the fear of legal liability.

  • April 23, 2024

    Retiring Health Exec Talks Past, Future Of Accountable Care

    The National Association of Accountable Care Organizations will see Chief Executive Officer Clif Gaus retire this fall, bringing an end to his nearly 12-year tenure at the organization. The group, which Gaus helped found, advocates for a care delivery model wherein providers share responsibility for both the quality and cost of care.

  • April 23, 2024

    Doctor Renews $20M Claim His Hospital Made Up 25 Murders

    An Ohio physician accused of 25 counts of murder and found guilty of none just renewed his $20 million malicious-prosecution suit against Trinity Health Corp., the parent company of his former employer, claiming that the company misled prosecutors to get him indicted as a distraction from the internal issues of the hospital where he worked.

  • April 23, 2024

    Divisive Cost Cap Deadline Looms For Calif. Healthcare Cos.

    California healthcare attorneys are preparing for the state's first cap on healthcare spending proposed by a new state office tasked with making care affordable. Industry leaders are sharply split on the viability of a proposed 3% target, which some say may ultimately do more harm than good for a state suffering from skyrocketing healthcare costs.

  • April 23, 2024

    Dating Apps Tell Court Idaho Abortion Ban's Bad For Business

    The online dating industry is weighing in on the latest abortion case to reach the U.S. Supreme Court, joining other groups making a business-first argument against an evolving patchwork of state abortion laws.

  • April 23, 2024

    Appellate Courts Confront Legal Fights On Transgender Care

    The national debate over transgender rights reached the U.S. Supreme Court and surfaced in three circuit courts over the last week as judges take up fiercely litigated questions on gender-affirming care and participation in sports.

  • April 23, 2024

    Ariz. Abortion Ban Ruling Reanimates 'Zombie' Law Debate

    The living dead lurk in law books. So-called "zombie" statutes remain in legal codes around the country — archaic and unenforceable, but not quite deceased either. Given the right conditions, even long-dormant statutes can stir to life and wreak havoc, a fact made clear by the reanimation of Arizona's 1860s criminal abortion law.

  • April 23, 2024

    Ex-Faegre Atty, 33, Makes High Court Debut In Abortion Case

    Fifteen months ago, Josh Turner was a BigLaw litigation associate in Minneapolis preparing to make the jump to public service. On Wednesday, the 33-year-old, now heading constitutional litigation for the Idaho attorney general, will make his first appearance at the U.S. Supreme Court in a closely watched emergency abortion case.

  • April 23, 2024

    DOJ Unveils $139M Deal For Larry Nassar Victims

    The U.S. Department of Justice will pay $138.7 million to settle 139 tort claims accusing the Federal Bureau of Investigation of not doing enough to stop the sprawling, decades-long sexual abuse of hundreds of victims at the hands of USA Gymnastics physician Larry Nassar, according to a Tuesday announcement.

  • April 22, 2024

    Ohio AG Slams Halt Of Transgender Care, Youth Sports Limits

    Ohio Attorney General Dave Yost argued Monday in an emergency motion with the Ohio Supreme Court that the lower-court judge overstepped his authority when halting a bill, in its entirety, that would limit transgender care and participation in youth sports in the state.

Expert Analysis

  • 5 Steps For Healthcare Companies After Biden's AI Order

    Author Photo

    Rather than simply monitoring for the issuance of agency guidelines on artificial intelligence in the wake of President Joe Biden's October executive order, health and life sciences companies should take action now and begin building internal operational and technical infrastructures designed to govern the use of AI, says Joy Sharp at Faegre Drinker.

  • Giving The Gov't Drug Patent March-In Authority Is Bad Policy

    Author Photo

    The Biden administration's recent proposal to allow government seizure of certain taxpayer-funded drug patents is a terrible idea that would negate the benefits of government-funded research, to the detriment of patients and the wider economy, says Wayne Winegarden at Pacific Research Institute.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
    Author Photo

    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • When Patients Have Standing For Hospital Antitrust Suits

    Author Photo

    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.

  • ESG Around The World: Singapore

    Author Photo

    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.

  • The Pop Culture Docket: Judge D'Emic On Moby Grape

    Author Photo

    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.

  • Performing Music Makes Me A Better Lawyer

    Author Photo

    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.

  • 'Patient' Definition Ruling Raises Discount Drug Questions

    Author Photo

    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.

  • Breaking Down High Court's New Code Of Conduct

    Author Photo

    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.

  • Legal Profession Gender Parity Requires Equal Parental Leave

    Author Photo

    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.

  • Activist Short-Sellers Are The Dark Knights Of Wall Street

    Author Photo

    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.

  • Steps Toward A Unified Health Financing System For Calif.

    Author Photo

    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.

  • Writing Thriller Novels Makes Me A Better Lawyer

    Author Photo

    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.