Digital Health & Technology

  • August 20, 2024

    Yale Health Liable For 840,000-Patient Data Breach, Suit Says

    Yale New Haven Health, one of Connecticut's largest medical groups, is liable to 840,000 patients whose private records were hacked by the notorious online crime group Clop, a proposed class action lawsuit filed in Connecticut state court has alleged.

  • August 20, 2024

    A Deep Dive Into Law360 Pulse's 2024 Women In Law Report

    The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.

  • August 20, 2024

    These Firms Have The Most Women In Equity Partnerships

    The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.

  • August 19, 2024

    MOVEit MDL Judge's Call For Order Met With Atty Squabbles

    A federal judge's effort to streamline multidistrict litigation over a 2023 data breach involving Progress Software's MOVEit file transfer tool instead led to a lengthy and contentious joint filing in which the parties accused one another of gamesmanship.

  • August 16, 2024

    Calif. State Court Tosses Antitrust Case Against MultiPlan

    A California state court has tossed a suit accusing MultiPlan Inc. of violating antitrust law through pricing tools used by health insurance providers, similar to claims being made in multidistrict litigation that were recently centralized in Illinois federal court.

  • August 15, 2024

    Medical Records Co. Appealing Blocked Anti-Bot CAPTCHAs

    Electronic medical records company PointClickCare will appeal last month's ruling from a Maryland federal judge enjoining it from using unsolvable CAPTCHA prompts to block a nursing home analytics firm's access to records, the company said Wednesday.

  • August 09, 2024

    Split 9th Circ. Affirms Ax Of Meta Anti-Vax Censorship Suit

    A split Ninth Circuit panel Friday affirmed the dismissal of Children's Health Defense's lawsuit challenging Meta's policy of censoring its anti-vaccine Facebook posts, with the majority concluding that the Robert F. Kennedy Jr.-founded nonprofit failed to show Meta was acting on the government's behalf to state viable constitutional claims.

  • August 06, 2024

    Pennsylvania Hospital Gets Data Breach Suit Whittled

    A Pennsylvania federal judge has shaved two counts off of a data breach lawsuit against Prospect Medical Holdings Inc., rejecting the hospital operator's argument that the plaintiffs lacked standing to bring the suit but agreeing that not all of them stated valid claims.

  • August 06, 2024

    Testing Lab Can't Add Bad Faith Claims In Income Loss Case

    A Pennsylvania federal judge found Tuesday that a prior agreement between a medical testing lab and its insurer expressly precluded added allegations that the insurer acted in bad faith while handling the lab's claim for loss of records and business income.

  • August 05, 2024

    CooperSurgical Says Lab Hid Flawed IVF Product Tests

    Fertility technology company CooperSurgical Inc. has accused a Massachusetts testing lab of failing to follow proper procedures and misrepresenting the results of quality assurance testing on a product used in the in vitro fertilization process, leading to a recall.

  • August 02, 2024

    Health Tech Co. Beats Investor Data Platform Fraud Claim

    A healthcare technology company has escaped an investor suit challenging the existence of a data platform it touted, as a Connecticut federal judge found a former employee's assertions at the center of the proposed class action weren't enough to show the company knowingly misled investors about the offering.

  • August 02, 2024

    Privacy & Cybersecurity Midyear Report: 4 Areas To Watch

    New York and Colorado shook up the data privacy landscape by enacting groundbreaking laws protecting children online and clamping down on high-risk uses of artificial intelligence during the first half of 2024, and both states and the federal government are expected to devote considerable attention to these areas in the coming months. 

  • August 02, 2024

    Akin Debuts AI Law & Regulation Info Tracker

    Global BigLaw firm Akin Gump Strauss Hauer & Feld LLP launched a tracker to help monitor changing policies related to artificial intelligence in various fields including intellectual property, data privacy, health and national security.

  • August 01, 2024

    MultiPlan, Insurance Cos. Must Face Collusion MDL In Illinois

    The Judicial Panel on Multidistrict Litigation on Thursday centralized in Chicago six class actions challenging the MultiPlan pricing tools that healthcare providers allege are used by UnitedHealth, Aetna, Cigna and other major insurers to systematically underpay out-of-network providers, with more than a dozen similar lawsuits potentially tagging along.

  • August 01, 2024

    AliveCor Asks 9th Circ. To Revive Apple Watch Antitrust Case

    Medical monitoring startup AliveCor Inc. told the Ninth Circuit that Apple Inc. should not be immunized from antitrust claims over the removal of access to heart rate data on the Apple Watch because the change was intended to block competition and not improve the device.

  • July 30, 2024

    Bad Info Goes Viral: On FDA's Drug Misinformation Proposal

    Drug and medical device companies are set to enjoy more flexibility to combat online misinformation under new draft guidance. But they also will confront new questions about whether it’s worth it to take on a celebrity or social media influencer making inaccurate claims.

  • July 30, 2024

    Rite Aid Sued Over Data Breach That Affected 2.2M Customers

    Rite Aid was hit with a proposed class action Friday in Pennsylvania federal court accusing it of failing to safeguard more than 2.2 million of its customers' personal information associated with purchases of certain retail products made seven years ago, after hackers accessed its network using an employee's credentials.

  • July 30, 2024

    Meet Jordan Cohen, Akerman's New Digital Health Team Head

    Healthcare attorney Jordan Cohen of Akerman LLP talks about his new role as leader of a cross-discipline digital health team.

  • July 30, 2024

    5th Circ. Ruling Places FCC Rural Telehealth Funding In Peril

    From Alaska to Arkansas, thousands of rural healthcare clinics rely on internet subsidies from the Federal Communications Commission to provide telehealth services to far-flung or low-income patients. A Fifth Circuit ruling threatens to disrupt services for some living outside urban centers or in healthcare "deserts."

  • July 30, 2024

    Litigator Rejoins Faegre Drinker From Medical Device Co.

    Faegre Drinker Biddle & Reath LLP's newest lateral hire is stepping back into private practice after two years as associate general counsel for orthopedic implant company Exactech, and should be a familiar face around the firm's Indianapolis office.

  • July 29, 2024

    Judge Blocks Medical Records Co.'s Anti-Bot Captchas

    A Maryland federal judge on Monday enjoined electronic medical records company PointClickCare from blocking nursing home analytics company Real Time Medical Systems from accessing patient data with automated bots, saying PCC's firewall wasn't justified by concerns over security or system speed.

  • July 29, 2024

    Watchdog Says Zoom Call Doesn't Warrant Nixing $25.3M Deal

    The U.S. Government Accountability Office has refused to undo a $25.3 million contract to support the National Institutes of Health, unconvinced that the agency had revealed a bidder's proprietary information during a Zoom call with the eventual contract winner.

  • July 29, 2024

    Ga. Health Providers Hit With Data Breach Class Action

    Two Southeastern healthcare providers have been hit with a putative class action stemming from a 2023 cyberattack that allegedly compromised the information of more than 32,000 people, arguing the providers were asleep at the wheel as their patients' data was pilfered.

  • July 26, 2024

    Healthcare Software Co. Must Face Trimmed Data Hack Suit

    NextGen Healthcare will face a slimmed-down version of a proposed class action filed against it by customers who say their data was exposed in a 2023 data hack after a Georgia federal judge on Thursday tossed several state data privacy and consumer protection claims levied against the software company.

  • July 26, 2024

    Data Co. Told To Turn Over Contracts In Kochava Case

    A D.C. federal judge plans to order TargetSmart to turn over supplier contracts to the Federal Trade Commission in the agency's case against TargetSmart client Kochava on Friday, after TargetSmart's attorney said she was "99% sure that there was no due diligence done by Kochava" regarding the data's provenance.

Expert Analysis

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • DOJ's Biopharma Settlement Raises Anti-Kickback Questions

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    In the aftermath of the U.S. Department of Justice's settlement with Ultragenyx over genetic testing programs, it may be prudent to reevaluate genetic tests through the lens of the Anti-Kickback Statute and reconsider whether it is proper for free testing programs to be treated like patient assistance programs, says Mary Kohler at Kohler Health Law.

  • Uncharted Waters Ahead For FCA Litigation In 2024

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    Following a year of significant court decisions, settlements, recoveries and proposed amendments, 2024 promises to be a lively year for False Claims Act actions and litigation, and one that will hopefully provide more clarity as FCA jurisprudence evolves, say attorneys at Crowell & Moring.

  • Healthcare Industry Must Prepare For Greater AI Regulation

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    Healthcare entities that use even basic machine-based systems should pay close attention to a recent executive order and a proposed bill, both of which focus on artificial intelligence safety and security, and signal the government's intent to establish a regulatory framework for AI-enabled technology, says Kristen Petry at Spencer Fane.

  • What To Know About FCA Cybersecurity Enforcement

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    Now is a good time for practitioners, government contractors and potential relators to review recent developments in cybersecurity-related False Claims Act enforcement, and consider best practices for navigating this space in the new year, say Ellen London at London & Stout, and Li Yu and Molly Knobler at DiCello Levitt.

  • Digging Into The Debate On FDA's Proposed Lab Test Rule

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    A proposed 10-word amendment from the U.S. Food and Drug Administration represents a sea change in device regulation as it would summarily end decades of FDA enforcement discretion for laboratory developed tests, and the public comments offer some insight into the future of this long-running saga, say attorneys at Mintz.

  • AI Executive Order's Life Science, Healthcare Industry Effects

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    The recent White House executive order to manage risks associated with artificial intelligence includes provisions specific to healthcare and life sciences that merit special attention, including transparency, human oversight of AI output, and real world performance monitoring, say attorneys at Ropes & Gray.

  • 5 Most Notable Class Action Standing Cases Of 2023

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    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

  • How SEC And NY Cyber Reporting Rules Affect Key Industries

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    The new U.S. Securities and Exchange Commission and New York State Department of Financial Services cybersecurity disclosure requirements, and their competing obligations, reveal the increasing complexity for organizations evaluating and reacting to cybersecurity incidents — particularly those in the healthcare and financial services industries, say attorneys at Manatt.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

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

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    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.

  • The Basics Of Law Firm Cyber Liability Insurance Applications

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    Cyber liability insurance has become a common consideration for law firms as cyber threats have escalated, but these insurance forms can be quite complicated given the nature of the industry and associated risks, so simply filling out the form won't necessarily result in an ideal policy for your firm, says Kevin Haight at WAMS.

  • AI Brings New Insurance Concerns For Healthcare Providers

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    As the healthcare industry increasingly invests in medical artificial intelligence tools, it confronts a variety of liability risks that necessitate careful consideration and potential recalibration of providers' insurance programs, say Marialuisa Gallozzi and Megan Mumford Myers at Covington.