Digital Health & Technology

  • February 22, 2024

    Mich. Judge OKs $52M Deal For Mayo Foundation Subscribers

    A Michigan federal judge on Wednesday gave the initial approval to a $52 million deal for subscribers to the Mayo Foundation's health magazine who allege the publisher shared their private information without consent.

  • February 21, 2024

    Del. Suit Accuses Healthcare Data Co. Exec Of Insider Trading

    A stockholder launched a derivative lawsuit late Wednesday in Delaware's Court of Chancery, alleging the founder of a behavioral healthcare data firm traded company shares using insider information and that nearly a dozen current and former directors and officers provided false and misleading disclosures about the business.

  • February 21, 2024

    Former Exec Convicted Of Medtronic Insider Trading Scheme

    A Minneapolis man who tipped off a friend about his employer's secret negotiations on a $1.6 billion acquisition deal with medical device company Medtronic has been convicted of securities fraud and conspiring to commit insider trading, the Minnesota U.S. Attorney's Office has announced.

  • February 21, 2024

    3rd Circ. Kicks Data Privacy Suit Against Penn To State Court

    A proposed class action alleging that the University of Pennsylvania violated the state's privacy law must head back to state court, the Third Circuit ruled Wednesday, rejecting arguments that the university health system acted as a federal officer by operating an online patient portal.

  • February 20, 2024

    Ala. Justices Deem Frozen Embryos Children Under State Law

    The Alabama Supreme Court ruled that frozen embryos count as children in a first-of-its-kind decision bemoaned by advocates and a dissenting judge as potentially ruinous for in vitro fertilization services in the state. 

  • February 20, 2024

    FDA Flags 'Alarming Trend' Of Bad Data In Med Device Testing

    The Food and Drug Administration warned medical device manufacturers Tuesday that it has spotted an uptick in fraudulent data submitted by applicants seeking approval for new devices, an "alarming trend" the agency said could harm patients' access to vital medical equipment.

  • February 20, 2024

    Biology AI Startup Bioptimus Raises $35M Seed Round

    Artificial intelligence startup Bioptimus has raised $35 million to build an AI foundational model focused on biology, the company announced Tuesday.

  • February 20, 2024

    Fed. Circ. Backs Microsoft's PTAB Win Over 3D Patents

    The Patent Trial and Appeal Board properly invalidated a pair of 3D medical imaging patents challenged by Microsoft, the Federal Circuit affirmed Tuesday.

  • February 15, 2024

    7th Circ. Rejects Ancestry.com's Arbitration Bid In Privacy Suit

    The Seventh Circuit on Thursday upheld a lower court's decision that minors suing Ancestry.com for sharing their genetic testing information can avoid arbitration, saying there was no language in the terms their parents signed designating the children as parties to the agreement.

  • February 15, 2024

    House Committee Blasts VA, Oracle For E-Record Failures

    Lawmakers on Thursday rebuked the U.S. Department of Veterans Affairs and Oracle Corp. for inadequate fixes to electronic medical records systems that they say continue to threaten the health and safety of thousands of veterans, who are not being advised of the risk.

  • February 15, 2024

    Med Monitoring Claims In Philips MDL Sent Back For Review

    The judge overseeing multidistrict litigation over Koninklijke Philips NV's recalled breathing machines has declined a special master's recommendation to trim claims seeking medical monitoring for some users, instead sending the case back for a deeper look at which states would allow such claims or whether they required proof of physical injury.

  • February 14, 2024

    Telehealth Advocates Press DEA On Prescription 'Red Flags'

    Several telehealth providers, policy organizations and a technology company joined forces to urge the U.S. Drug Enforcement Administration to provide "explicit guidance" to pharmacists about filling prescriptions for controlled substances that result from telehealth visits. 

  • February 14, 2024

    Mo. Hospital Faces Action Over Breach Of 500K Patients' Data

    A Missouri hospital has been hit with a proposed class action after allegedly taking five months to notify more than 500,000 patients that their sensitive information had been compromised, according to a complaint filed in Missouri federal court.

  • February 14, 2024

    NYC Sues Facebook, Social Media Cos. Over Teen Addiction

    New York City on Wednesday became the latest government entity to accuse social media giants such as Facebook, TikTok and YouTube of purposefully hooking youth on their platforms and driving a mental health care crisis by designing their apps to mimic gambling and tobacco industry tactics in a California state court suit.

  • February 14, 2024

    Software Co. Inks $4M Deal In Privacy Suit Over Breached Info

    Patients suing software company Connexin Software for allegedly failing to safeguard the healthcare and personal identifiable information of more than 200,000 people compromised during a data breach, including that of children, asked a Pennsylvania federal judge on Wednesday to approve a $4 million class settlement.

  • February 14, 2024

    Dad Sues Hacked Chicago Children's Hospital Again

    A plaintiff already suing Ann Lurie Children's Hospital over alleged negligence in managing its medical records has again targeted the Chicago hospital, claiming it didn't do enough to protect patient data from hackers who have stymied hospital operations for weeks. 

  • February 13, 2024

    LabCorp Sued Over Sharing Sensitive Health Info With Google

    The Laboratory Corporation of America shares sensitive health information and website browsing history with Google without patients' knowledge or consent, according to a proposed class action filed Tuesday in Pennsylvania federal court.

  • February 13, 2024

    Billing Cos. Deny Claims By Health Facility In $7M Fraud Case

    Three medical billing companies are fighting a suit by a mental health treatment facility alleging their "incompetence" cost it roughly $7 million in lost revenue and damages, telling a Connecticut federal judge that the facility wrongly terminated their agreement.

  • February 13, 2024

    Texas Appeals Court Grants Medical Coding Co.'s Atty Fee Bid

    A Texas appellate panel has ordered a diagnostics business to pay a medical coding company's attorney fees following a contract dispute between the companies, issuing a judgment Tuesday that also affirmed a trial court's decision to grant the coding company summary judgment.

  • February 13, 2024

    Nava Health To Go Public Via $320M SPAC Merger

    Health clinic chain Nava Health is planning on going public through a merger with blank-check company 99 Acquisition Group in a $320 million deal led by two law firms, the companies announced Tuesday.

  • February 13, 2024

    Convicted NC Doctor Can't Get Recordings From Prosecutors

    A North Carolina federal judge on Tuesday rejected a doctor's attempt to force prosecutors to turn over recorded phone calls with a telemedicine provider, finding that the requested materials weren't relevant and that she was trying to "manufacture" a way to have her fraud conviction overturned.

  • February 12, 2024

    GAO Says Ambiguity Protest Too Late In HHS Comms Deal

    A Virginia-based communications firm lost out on a marketing contract for the U.S. Department of Health and Human Services after the U.S. Government Accountability Office ruled that it had not provided a required rate agreement in its quote.

  • February 12, 2024

    FDA Seeks Comment On Guidance For Clinical Trial Sponsors

    The U.S. Food and Drug Administration is set to publish draft guidance on Tuesday that aims to help clinical trial sponsors determine when they need to bring in a group of data experts to review the information being collected in a clinical trial. 

  • February 09, 2024

    Healthcare Cybersecurity Bill Puts Focus On HHS Oversight

    Members of a U.S. Senate cybersecurity commission introduced a bill Friday that would require federal health officials to conduct regular evaluations of digital security systems and issue biennial reports to Congress.

  • February 09, 2024

    Mental Health App Says Former Exec Can't Lead Rival

    Therapy app company SonderMind Inc. has filed a lawsuit in Denver state court alleging a former chief medical officer is violating a non-compete clause he signed by taking an identical role at rival company Rula Health.

Expert Analysis

  • Wash. Class Actions Are Coming After My Health My Data Act

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    With its expansive scope and private right of action — including possible class actions — for damages, Washington state’s recently enacted My Health My Data Act will be the basis for a great deal of litigation, and companies should be mindful that plaintiffs will need to prove actual, monetary harm, says Tom Nolan at Quinn Emanuel.

  • SEC Cybersecurity Rule Presents Burden For Health Care Cos.

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    A new rule from the U.S. Securities and Exchange Commission aims to increase cybersecurity resiliency, but may only force regulated entities — particularly those in the health care space — to face a far more complicated environment with increased strategic and litigation risks, say Bess Hinson and Angad Chopra at Holland & Knight.

  • Comparing US And EU Approaches To Health AI Regulation

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    Victoria Larson and Julia Cotney at Verrill Dana compare current U.S. and EU regulatory frameworks for artificial intelligence and machine learning in the healthcare industry and highlight key principles that providers and developers should be aware of.

  • Why Privacy And Trade Secret Law Are On A Collision Course

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    The conflict between the legal regimes of trade secret law and data privacy law is growing as companies increasingly collect and use data about their customers, making it key for organizations to find ways to comply with both laws in order to protect their intellectual property and the privacy of their customer, says Jenny Colgate at Rothwell Figg.

  • Negotiating AI-Life Sciences Partnerships To Minimize IP Risk

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    When life sciences companies and AI companies form partnerships to foster innovation, the parties should align interests as well as mitigate intellectual property risks by strategically identifying and addressing the unique AI-related legal issues, such as training data, AI model and output, say attorneys at Finnegan.

  • Parsing Through The FTC's Proposed Health Privacy Updates

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    The Federal Trade Commission's recently proposed updates to its Health Breach Notification Rule contain subtle but significant changes to key terms that help modernize the agency's health app regulation and provide stakeholders an important opportunity to help shape the future of virtual health care, say attorneys at Arnold & Porter.

  • Regulating AI: An Overview Of Federal Efforts

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    The U.S. has been carefully managing a national policy and regulatory ecosystem toward artificial intelligence, but as AI technology continues to expand into our everyday lives, so too has its risks and the need for regulation, says Jennifer Maisel at Rothwell Figg.

  • Compliance Takeaways From HHS Information Blocking Rule

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    A recently finalized rule from the U.S. Department of Health and Human Services' Office of Inspector General demonstrates a renewed focus on investigating practices that may interfere with patients' access to their electronic health information, and should encourage renewed compliance efforts across a range of processes, say attorneys at Ropes & Gray.

  • Life Sci Cos. Should Work With FDA To Shape AI Regulation

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    Due to the rapidly evolving nature of potentially long-term regulatory paradigms for artificial intelligence, drug and biologic manufacturers looking to leverage AI should engage strategically with the U.S. Food and Drug Administration to ensure clarity surrounding compliance obligations, say Lowell Zeta and Blake Wilson at Hogan Lovells.

  • BIPA, Meta Pixel Suits Could Reshape Cybersecurity Litigation

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    Businesses and attorneys should watch several pending electronic privacy cases that revolve around disclosure of protected personal information and health data, which may shape how courts handle damages and class actions in the future of cybersecurity litigation, say Kelly Johnson and Melanie Condon at Goldberg Segalla.

  • The Double-Edged Sword Of Using ChatGPT In Health Care

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    While ChatGPT has shown promising potential in health care, one of the key challenges for players in this space is balancing patient privacy and data protection with the benefits of utilizing this technology, say attorneys at Sheppard Mullin.

  • Addressing Legal Issues Raised By AI Use In Health Care

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    With the usage of artificial intelligence and machine learning in health care likely to be governed by a patchwork of state laws for the near future, industry actors should build flexibility into products to meet evolving regulatory concerns, including monetization of patient data and professional licensing questions, say Sara Shanti and Phil Kim at Sheppard Mullin.

  • New Health Data Compliance Considerations For Pa. Lawyers

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    Given the regularity with which attorneys handle private health information, it is important for Pennsylvania firms to understand recent significant amendments to the state's data breach law, which address information not currently covered by federal law, says Mark Mattioli at Post & Schell.