Policy & Compliance
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June 25, 2024
Mich. Judge Blocks State Abortion Waiting Period, Counseling
A Michigan state judge on Tuesday temporarily blocked a 24-hour waiting period, mandatory counseling and other requirements on people seeking abortions in the state, finding they likely violate an amendment in the state constitution guaranteeing the right to an abortion.
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June 25, 2024
Supreme Court Sets Stage For Crucial Ruling On Trans Rights
The U.S. Supreme Court's plunge into the legal clash over gender-affirming care for minors could determine the fate of restrictions enacted in 25 states and shape the future of transgender rights for years to come.
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June 25, 2024
NBA Fraud Trial, An HHS Loss, And An Ivy League Doc Settles
A Texas federal judge dinged the Biden administration over a rule restricting hospitals' use of online tracking technology. The NBA healthcare fraud scheme saga continues. A Harvard fertility doc settled claims he used his own sperm to impregnate a patient. Law360 Healthcare Authority examines the lawsuits and decisions that have shaped the industry over the last week.
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June 25, 2024
In High Court Loss, Anti-Abortion Atty Sees Win For Objectors
Erin Hawley of Alliance Defending Freedom, a top attorney of the anti-abortion movement, sees a "silver lining" in the recent U.S. Supreme Court opinion that maintained broad access to the abortion medication mifepristone: an endorsement of robust conscience protections for healthcare providers.
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June 25, 2024
For Pharma, High Court Abortion Drug Ruling Averts 'Chaos'
The pharmaceutical industry's relief over the recent U.S. Supreme Court decision on mifepristone goes well beyond the abortion medication at the center of the case.
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June 25, 2024
Tracking The FTC's Latest Moves In Healthcare
The Federal Trade Commission has its eye on the healthcare industry, targeting a range of deals the agency says would hurt competition and drive up prices. Law360 Healthcare Authority tracks recent FTC actions targeting hospital systems, digital health entities and pharmaceutical companies.
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June 25, 2024
Gov't Asks Ala. Fed. Court To Stay Gender Care Case
The Biden administration has asked an Alabama federal court to stay a suit challenging a state law criminalizing gender-affirming care for transgender youth, which has drawn attention because of judge-shopping allegations leveled against plaintiff's counsel, as the U.S. Supreme Court has agreed to hear a separate but potentially precedential suit.
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June 25, 2024
The Federal Judge At The Center Of NC Abortion Battles
A lone federal judge in North Carolina is playing an outsize role in abortion access cases critical to women seeking the procedures across much of the American South.
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June 25, 2024
Longtime Pediatrix Atty Joins Envision Healthcare As GC
The longtime top attorney for Pediatrix Medical Group Inc. has joined Nashville, Tennessee-based national medical group Envision Healthcare as its new general counsel.
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June 24, 2024
NYC Pharmacy Owners Get Jail Time For $18M Med Fraud
Two brothers who own several New York pharmacies will each have to pay over $18 million in restitution in addition to serving jail time for submitting fraudulent claims to Medicare for pricey cancer medication and funneling illicit proceeds through several shell companies, the U.S. Department of Justice announced Monday.
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June 24, 2024
Health Co. Narrows Doctor's Reneged Benefits Suit
An Arizona federal judge trimmed a doctor's suit claiming her healthcare system employer refused to let her use her benefits to take time off to undergo cancer treatments, but kept alive claims that the company violated state and federal law by misleading her about paid leave.
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June 24, 2024
LA Schools Says Pseudoscience Infected 9th Circ. Vax Ruling
The Los Angeles Unified School District said Friday that a split Ninth Circuit panel leaned on pseudoscience when ruling that a rescinded employee COVID-19 vaccination mandate implicated the right of district employees to refuse medical treatment, urging an en banc panel to correct the "fatally flawed" decision.
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June 24, 2024
Ark. AG Sues Pharmacy Benefit Managers Over Opioids
The Arkansas attorney general said Monday that he had sued pharmacy benefit managers Optum Inc. and Express Scripts Inc. in state court, claiming they contributed to the opioid crisis and profited from the drug epidemic.
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June 24, 2024
Justices Pass On Conn. School Vaccine Mandate Fight
The U.S. Supreme Court on Monday declined to review a Second Circuit decision that largely upheld the dismissal of a suit challenging a Connecticut law passed during the COVID-19 pandemic that revoked religious exemptions to student vaccine mandates.
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June 24, 2024
Justices Pass On Rutgers COVID-19 Vax Mandate Case
The U.S. Supreme Court declined on Monday to review a split Third Circuit ruling that Rutgers University students cannot challenge the school's COVID-19 vaccine policy because, under the high court's 1905 precedent in Jacobson v. Massachusetts, there is no fundamental right to refuse vaccinations.
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June 24, 2024
High Court To Review State Gender Care Bans
The U.S. Supreme Court on Monday agreed to review a Sixth Circuit decision that allowed Tennessee to keep in place a new ban on gender-affirming care for minors.
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June 24, 2024
Justices Won't Hear Objections To $2.67B BCBS Deal
The U.S. Supreme Court refused on Monday to review Home Depot's challenge of a $2.67 billion settlement in antitrust litigation targeting Blue Cross Blue Shield, along with a separate challenge of the attorney fees awarded for the deal.
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June 21, 2024
Texas Medical Board Adopts Abortion Records Requirement
Texas doctors who determine that an abortion is necessary during a pregnant patient's health crisis will face new recordkeeping requirements under a final rule issued Friday by the state's medical board.
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June 21, 2024
Attys Accused Of Judge Shopping Must Share Public Remarks
Attorneys accused of judge shopping two 2022 suits challenging an Alabama law criminalizing some gender-affirming care for transgender youths have been given 48 hours to turn over any public statements, releases or other information they or their organizations have shared about the disciplinary proceedings, just days ahead of a Monday hearing.
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June 21, 2024
5th Circ. Knocks Out National Block On ACA Preventive Care
The Fifth Circuit on Friday struck down a national injunction against Affordable Care Act requirements forcing insurers to cover a range of preventive treatments, but kept a block in place that prevents its application to the individuals and businesses in Texas that sued.
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June 21, 2024
Mount Sinai's Doctor Pacts Violate Labor Law, NLRB GC Says
New York's Mount Sinai Health System has illegally required part-time physicians to sign employment agreements with provisions that infringe on workers' rights, National Labor Relations Board prosecutors alleged, and the agency is seeking financial damages for affected employees.
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June 20, 2024
Web-Tracking Guidance Exceeded HHS' Authority, Judge Says
A Texas federal judge ordered the Biden administration Thursday to rescind its new guidance restricting hospitals' use of online tracking technology, declaring that federal officials had overstepped their authority by redefining what they consider protected health information.
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June 20, 2024
UnitedHealth To Pay $1M To End NY AG Birth Control Probe
New York Attorney General Letitia James announced Thursday that UnitedHealthcare of New York Inc. will pay $1 million to end allegations that the company violated Empire State law by refusing to fully cover an oral contraceptive.
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June 20, 2024
HHS Drug Pricing Program Flouts Constitution, Boehringer Says
An "unprecedented" new Medicare price negotiation program deprives drugmakers of their constitutional rights and forces them to make declarations on issues of public concern that reflect poorly on them, Boehringer Ingelheim Pharmaceuticals Inc. argued Thursday in Connecticut federal court as it echoed the industry chorus seeking to strike the initiative.
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June 20, 2024
Attys Accused Of Judge Shopping Rebut Fraud Allegations
An Alabama federal judge is conducting an in-camera review of a long-awaited "Q&A document" believed to have circulated among attorneys accused of judge shopping their efforts to fight a 2022 state law preventing transgender youth from accessing gender-affirming care, with the lawyers handing over the document but denying allegations of misconduct.
Expert Analysis
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An Overview Of 6 PBM Bills Moving Through Congress
As legislators turn to pharmacy benefit manager reform as a potential next step in addressing the cost of prescription drugs, six congressional committees have recently advanced PBM-related legislation with generally high bipartisan support, suggesting that a final package is likely to advance through Congress, say Rachel Stauffer and Katie Waldo at McDermott+Consulting.
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10th Circ. ERISA Ruling Is Promising For Self-Funded Plans
Though some recent appellate decisions have seemingly narrowed application of Employee Retirement Income Security Act preemption, which generally helps protect self-funded health plans from state regulation, the Tenth Circuit's decision in PCMA v. Mulready takes a big step toward reaffirming preemption, say attorneys at Bass Berry.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Checking In On How SuperValu Has Altered FCA Litigation
Four months after the U.S. Supreme Court's ruling in U.S. ex rel. Chutte v. SuperValu, the decision's reach may be more limited than initially anticipated, with the expansion of the scienter standard counterbalanced by some potential defense tools for defendants, say Elena Quattrone and Olivia Plinio at Epstein Becker.
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Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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Cos. Must Overhaul Data Privacy Approach To Avoid Lawsuits
With the proliferation of third-party trackers and the increasing complexity of privacy laws, companies need to significantly change their approach to online privacy to avoid litigation by focusing on responsible data collection practices and ongoing monitoring of ad tech tools, says Ian Cohen at LOKKER.
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Biden Admin's Mental Health Proposal May Not Be Enough
The Biden administration's recent proposed updates to federal mental health care rules acknowledge the difficulty that Americans face in finding and affording care, but may have limited impact due to enforcement challenges, a lack of providers and other issues, say Khaled Klele and Jessica Osterlof at Riker Danzig.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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ESG Around The World: Australia
Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.
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Info Exchanges Must Stay Inside Now-Invisible Antitrust Lines
While the antitrust agencies recently withdrew long-standing enforcement policy statements for being "overly permissive" on information exchanges, we should not assume that all information exchanges are inherently suspect — they are still permissible if carefully constructed and vigorously managed, say attorneys at Nelson Mullins.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.