Policy & Compliance

  • 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.

  • April 22, 2024

    J&J Says Worker's Drug Costs Suit Misses Big Picture

    Johnson & Johnson asked a New Jersey federal judge to toss a worker's suit claiming employees were overcharged for their prescriptions under a drug benefit program because of a contract with a pharmacy benefits manager, saying employees didn't show they could've gotten a better deal elsewhere.

  • April 22, 2024

    5 New State Employment Laws Passed This Year So Far

    State legislatures around the country are winding down legislative sessions that began in January, bringing newly enacted employment laws into effect in the coming months. From child labor to pay inequality to mandatory overtime, Law360 looks at five state laws that employers will have to comply with.

  • April 19, 2024

    Allergan To Face Kickback Claim In Suit Over Child Botox Use

    A Texas federal judge has axed allegations that pharmaceutical company Allergan Inc. defrauded the U.S. government when it promoted the unapproved use of Botox to treat migraines in children but will allow claims that the company bribed doctors to conduct the procedure to move forward.

Expert Analysis

  • Avoid Telehealth Pitfalls In A Post-Pandemic Environment

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    As federal and state governments roll out various changes to regulation of telehealth services, health practitioners should remain vigilant and ensure that necessary professional standards — such as proper note-taking and documentation — are not neglected in a remote environment, say attorneys at Kaufman Borgeest.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • 8 Ways Life Sciences Cos. Can Adapt To The Social Media Era

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    As pharmaceutical and medical device companies harness the powerful promotion potential of social media, they must navigate legal, regulatory and reputational risks that can be particularly challenging due to the complex framework of rules that apply to the life sciences industry, say attorneys at Troutman Pepper.

  • FTC Settlements Widen Efforts To Shield Health Data

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    The Federal Trade Commission's recent enforcement actions aim to send a clear message that companies using tracking technologies should carefully monitor the sharing of sensitive data, particularly in the mental health, substance use disorder treatment and reproductive health care fields, say attorneys at Choate.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • HHS Neuromonitoring Advisory May Have Broad Relevance

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    The Health Department Office of Inspector General's recent advisory opinion rejecting a neuromonitoring service's proposal for a shell arrangement isn't surprising, but it could be a harbinger of more warnings against problematic joint venture arrangements to come, says Mary Kohler at Kohler Health Law.

  • Potential Marijuana Status Change Would Shift Industry Risks

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    Cannabis companies and their insurers should pay close attention to how the U.S. Department of Health and Human Services' move toward marijuana reclassification plays out, and the potential for a shakeup in the landscape for cannabis regulation at the state and federal levels, says Ian Stewart at Wilson Elser.

  • Merger Proposals Reflect Agency Leaders' Antitrust Principles

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    Attorneys at Covington trace the recently proposed Hart-Scott-Rodino and merger guidelines changes to certain foundational concerns of the Federal Trade Commission and U.S. Department of Justice Antitrust Division leadership, including issues related to concentration associated with horizontal and vertical mergers.

  • The Basics Of Being A Knowledge Management Attorney

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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • A Look At The Tribal Health Reimbursements Circuit Split

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    A circuit split regarding whether Native American tribes are entitled to contract support costs on health care services paid by third-party revenues sets the stage for potential review by the U.S. Supreme Court, and could result in the Indian Health Service paying hundreds of millions more in much-needed funding to tribal health programs, say Geoffrey Strommer and Steve Osborne at Hobbs Straus.

  • What Big Tobacco's Cannabis Investments Mean For Market

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    The tobacco industry appears to be shoring up investments in the cannabis market, most recently with Philip Morris’ purchase of an Israeli cannabis tech company, pointing to a bright future for vaped and noncombustible products, and signaling that marijuana rescheduling may be on the horizon, say Slates Veazey and Whitt Steineker at Bradley Arant.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • How Merger Review Overhaul Could Affect Health Industry

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    For those in the health care industry considering growth and expansion strategies, the antitrust agencies' recent proposals for new Hart-Scott-Rodino rules and more complex merger guidelines will increase deal timelines, the merging parties' burden, and overall uncertainty and potential antitrust risk as to the outcome, say attorneys at Husch Blackwell.