Policy & Compliance

  • April 03, 2024

    Philly Injection Site Org. Isn't Religious, Judge Rules

    A Pennsylvania federal judge on Wednesday ruled that an overdose prevention organization planning to open a supervised safe-injection site in Philadelphia is not a religious entity, delivering a win to the U.S. Department of Justice, which opposed the site.

  • April 03, 2024

    Hospital Workers' Vax Free Speech Suit Falls Flat At 6th Circ.

    The Sixth Circuit backed the dismissal of two workers' claims that a children's hospital violated their constitutional rights when it rejected their religious objections to a COVID-19 vaccine mandate, saying Wednesday they failed to show the hospital was a government actor.

  • April 03, 2024

    Mayo Clinic Stuck Workers With Hefty Medical Bills, Suit Says

    A medical claims administrator steered Mayo Clinic health plan participants toward out-of-network healthcare providers and then forced them to foot the bulk of the bill, a proposed class action filed in Minnesota federal court said.

  • April 03, 2024

    Ex-NBA Guard's Health Fraud Perjury Merits Prison, Feds Say

    Manhattan federal prosecutors said a former Detroit Pistons point guard who was convicted on one of two counts over an alleged scheme to defraud the NBA's healthcare plan should be sentenced to 27 to 33 months in prison, claiming he lied during his testimony.

  • April 02, 2024

    Alaska Judge Tosses Opioid Nuisance Case Against Pharmacies

    Retail pharmacies including Walgreens Co. and Walmart Inc. have escaped a suit brought by Alaska in state court over their role in the opioid epidemic after a judge found the state's public nuisance claims were a "bridge too far."

  • April 02, 2024

    3rd Circ. Preview: Black Lung, Back Pay On Tap In April

    The Third Circuit this month will consider Keystone Coal Mining Co.'s contention that a lower court erred in deeming a miner's black lung a "total disability," while a shuttered rehabilitation facility has asked the court to undo the National Labor Relations Board's determination that it owes unionized employees back pay and bonuses for work done during the COVID-19 pandemic.

  • April 02, 2024

    Healthcare In Court: Idaho AG Not 'Cute' On Abortion Ban

    Idaho's solicitor general had a hard day at the Ninth Circuit, where a panel tried and failed to get a lock on the state attorney general's stance on Idaho's abortion ban. Home Depot pressed the U.S. Supreme Court to review a $2.67 billion settlement in antitrust litigation against the Blue Cross Blue Shield Association. And in Texas, a woman charged with murder for inducing her own abortion sued the prosecutors behind the case.

  • April 02, 2024

    3 Sentenced To Prison In Fla. Fake Nursing Diploma Case

    A Florida judge sentenced three people to federal prison time Tuesday after they were convicted for their roles in a multimillion-dollar fake nursing diploma scheme following a jury trial in December

  • April 02, 2024

    NC GOP Pols Stress Health In Bid To Keep Abortion Law Intact

    Two North Carolina abortion law provisions that Attorney General Josh Stein deems unconstitutional are necessary to protect women's health, Republican leaders have argued in a bid to keep hospitalization and fetus-location requirements in the statute.

  • April 02, 2024

    Conn. Dentists Used Illegal Patient Recruiting, Suit Says

    Federal and state authorities filed a kickback and false claims lawsuit in Connecticut federal court on Tuesday against two dental practices in the state and their co-owners for allegedly paying a patient recruiter to generate business through Medicaid.

  • April 02, 2024

    IVF Ruling Leaves Lawyers Puzzling Over 'Fetal Personhood'

    A recent decision from Alabama's top court that frozen embryos are legally children raises a host of thorny questions that touch some surprising areas of the law, from the criminal code and public benefits to surrogacy contracts and even tax deductions. A rash of new "personhood" legislation promises to be a challenge for lawyers working in areas well beyond healthcare.

  • April 02, 2024

    NM Medical Cannabis Insurance Row To Stay In Federal Court

    The federal court is the proper place for a proposed class action seeking to make Blue Cross and Blue Shield and other insurers cover medical cannabis, a New Mexico federal judge has ruled, rejecting objections by patients who said the state's high court will eventually need to get involved.

  • April 02, 2024

    For Medicare Drug Cost Suits, Final Price Could Be Key

    Drugmakers and industry groups arguing that the Medicare drug price negotiation program amounts to an unconstitutional taking of their property have an uphill battle. Experts say their claims can be either fortified or undercut by the final price of the selected prescription drugs.

  • April 02, 2024

    HHS Underlines Consent Priority For Pelvic, Prostate Exams

    New federal guidance that teaching hospitals and medical schools must have written consent before conducting pelvic, prostate, and other sensitive medical exams is a signal the agency has drawn a line on patient privacy and control, experts say.

  • April 02, 2024

    Medical Advocacy Orgs Ascend Amid Healthcare Court Battles

    The rapid ascent of an abortion case filed by the Alliance for Hippocratic Medicine illustrates the growing power of physician and provider advocacy groups to shape the nation's healthcare policy and legal debates.

  • April 02, 2024

    DOJ Sets Sights On 3rd Parties In Managed Care FCA Claims

    The Justice Department has sent a message in recent months, both in litigation and public speeches, that it plans to target third-party contractors and vendors whose actions contribute to the government being overbilled for medical care, even if they didn't submit those claims directly.

  • April 02, 2024

    Prosecutors Call Indicted Exec's Misconduct Claims 'Flawed'

    Prosecutors have asked a California federal judge to reject a bid for sanctions by a former healthcare CEO indicted on novel insider trading charges, arguing that his claims related to a separate case are based on "flawed grounds."

  • April 02, 2024

    SF City Atty Says Gov't Has Duty To Probe Hospital Rankings

    As law schools, medical schools and health systems continue to raise concerns over the veracity of annual rankings published by U.S. News and World Report, San Francisco City Attorney David Chiu is holding fast to his belief that his office has an important role to play in pushing for transparency from the publication. Here, he discusses the U.S. News suit against him and how his investigation fits into his office's consumer protection work.

  • April 01, 2024

    Ga., FTC Seek $17M+ Fine And Ban On Doc's Stem Cell Ads

    After securing an early win last week against a Georgia doctor and a series of companies that marketed stem cell therapy as a cure-all miracle treatment, federal regulators and the state of Georgia asked a federal judge Monday for $17.7 million in fines and an injunction barring the defendants from any future endeavors in the medical marketing industry.

  • April 01, 2024

    Swedish Match Sued Over Allegedly Youth Targeted Zyn Ads

    Philip Morris International and its subsidiary Swedish Match North America LLC have been hit with a putative class action from an unnamed California man alleging he became addicted to the company's Zyn smokeless oral nicotine pouches when he was a minor because of the product's marketing campaign.

  • April 01, 2024

    Ex-Pharma Co. Exec Denies Signing Noncompete Deal

    The former director of government sales for a pharmaceutical company asked the North Carolina Business Court on Friday to knock out a breach of contract claim in a lawsuit that alleges he took trade secrets to a competitor, arguing the company has no valid noncompete agreement to back it up.

  • April 01, 2024

    Cigna Can't Escape Patients' ERISA Fight Over Claim Rates

    A Connecticut federal judge agreed to trim a federal benefits lawsuit against Cigna alleging the company underpaid claims from providers who indirectly contracted with the insurer, finding allegations from participants in employer-sponsored health plans could proceed to discovery but that several medical associations lacked standing to sue.

  • April 01, 2024

    Fla. Justices Uphold Abortion Ban, Approve Pro-Choice Ballot Measure

    The Florida Supreme Court on Monday upheld a 15-week abortion ban in the state while also approving an initiative to preserve abortion access for placement on the ballot in November, leaving it to voters to decide the state's post-Dobbs future.

  • April 01, 2024

    Amazon's Disability Inclusion Efforts A Sham, Suit Says

    Amazon's stated commitments to disability inclusion are a sham, a California worker with cerebral palsy claimed in a proposed class action, saying the company gave him a warehouse gig despite his many warnings that he couldn't meet the job's physical demands.

  • March 29, 2024

    Calif. Justices Rule Living Wills Not A Path To Arbitration

    The California Supreme Court has unanimously ruled that an advance healthcare directive, or living will, does not permit a designated power of attorney to opt into arbitration on a patient's behalf, a decision that, while blessed by consumer groups, left some in the medical community "pretty disappointed."

Expert Analysis

  • Biden Admin's Mental Health Proposal May Not Be Enough

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    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.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    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.

  • How New Lawyers Can Leverage Feedback For Growth

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    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.

  • ESG Around The World: Australia

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    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.

  • Info Exchanges Must Stay Inside Now-Invisible Antitrust Lines

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    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.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    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.

  • 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.