Digital Health & Technology

  • November 30, 2023

    MOVEit Hack MDL Needs 'Structure,' Judge Tells Atty Gaggle

    A federal district judge tapped to oversee the multidistrict litigation in a massive data breach involving Progress Software Corp.’s MOVEit transfer program told dozens of lawyers in a packed Massachusetts courtroom Thursday that she plans to choose class leaders by the beginning of January.

  • November 29, 2023

    House Told AI Is A Tool, Not A Decision Maker, In Health Care

    Amid expanding innovations in artificial intelligence in the health care industry, from AI scribes of patient visits to algorithm-driven medical imaging, experts are urging lawmakers to develop regulation and oversight to avoid compromising patient safety and privacy.

  • November 29, 2023

    Investors Say Co. Lied About Ultrasound Tech Prior To Merger

    A pair of shareholders in digital health company Butterfly Network Inc. have launched a derivative suit against the company's current and former top brass, alleging they drastically inflated the company's sales projections and the quality of its main ultrasound product to convince investors to approve a merger with a special-purpose acquisition company.

  • November 29, 2023

    Gov't Contracts Of The Month: Boeing Jets, Robots, IT Deals

    The federal government advanced a $2.5 billion plan to modernize the Indian Health Service's health records system, purchased $2.3 billion more of refueling tankers from Boeing, and is weighing adding robots to its $132 billion fast-paced construction of new nuclear submarines. Here are Law360's top government contracts for November 2023.

  • November 29, 2023

    Patients Lack Standing To Sue Over Email Hack, Ill. Court Says

    An Illinois state appeals court has affirmed the dismissal of two proposed class actions from patients who alleged a large, physician-owned medical group in Illinois failed to safeguard patient data and allowed a hacker to steal information that may include patient Social Security numbers and medical information.

  • November 22, 2023

    Debevoise Attys On AI Potential In Health, 'Iterative' Mistakes

    A growing number of health insurance providers are facing lawsuits targeting their use of an artificial intelligence algorithm in online claims processing. Maura Kathleen Monaghan and Jim Pastore of Debevoise & Plimpton spoke with Law360 about AI automation in insurance claims, auditing and the need for more top-level attention to the technology.

  • November 21, 2023

    Attys Want $4.2M In Fees For Aurora Health Privacy Case

    Attorneys on Monday asked a Wisconsin federal judge to approve their request for a nearly 35% portion of a $12.25 million settlement of a suit against Advocate Aurora Health for disclosing private health information to Google and Facebook.

  • November 20, 2023

    NY-Based Hospital To Pay $80K For HIPAA Violations

    A New York-based medical center on Monday agreed to pay the U.S. Department of Health and Human Services' Office for Civil Rights $80,000 as part of a settlement after the hospital shared protected health information of COVID-19 patients to a national media outlet.

  • November 20, 2023

    Feds ID 330K More Potential Victims In Medicare Data Breach

    The U.S. Centers for Medicare & Medicaid says the personal information of an additional 330,000 patients may have been exposed in a cyberattack carried out earlier this year targeting the file-sharing tool MOVEit.

  • November 20, 2023

    Mich. Health Co. Sued Again Over Breach Spanning 2M People

    Michigan health system McLaren Health Care Corp. was hit with another federal lawsuit claiming it recklessly failed to protect its data systems from a cyberattack in August that allegedly compromised the personal information of over 2 million individuals.

  • November 17, 2023

    NY Health System Accused Of Exposing 3.9M Patients' Data

    New York state's largest health care system Northwell Health Inc.'s failure to protect private information exposed the data of about 3.9 million patients in a recent breach, according to a proposed class action filed in federal court.

  • November 17, 2023

    Fraud, Abuse Remain Top HHS Challenges, Watchdog Says

    A top challenge for the U.S. Department of Health and Human Services remains the potential for abuse of the Medicare and Medicaid programs, the agency's watchdog said in an annual report Thursday.

  • November 17, 2023

    Vaccine Maker Novavax Appoints New COO, CLO

    Novavax Inc., a maker of vaccines for COVID-19 and other diseases, on Friday appointed a president and chief operating officer and announced a new chief legal officer to replace an official who is retiring next month.

  • November 15, 2023

    Meta Seeks Trim Of 'Copycat' Health Privacy Suit

    Meta Platforms Inc. urged a California federal judge Wednesday to shave down a lawsuit alleging the tech giant is illegally receiving consumers' sensitive health information through its Meta Pixel tool, arguing that the suit is a "copycat" of another case the court trimmed in September.

  • November 15, 2023

    NY Hospital Cyber Regs A Balm, Not Cure, For Security Woes

    New York state's proposals for addressing hospital cybersecurity — and providing millions in funding for security upgrades — could help some of the state's smallest hospitals catch up on the latest safeguards and minimum standards against ransomware attacks and data breaches, but they're far from a cure-all for the incidents plaguing health care.

  • November 15, 2023

    UnitedHealth Uses AI To Deny Patient Services, Suit Says

    UnitedHealth knowingly uses an artificial intelligence service with a high error rate to override physician recommendations and deny elderly patients care owed to them through Medicare plans, according to a proposed class action in Minnesota federal court.

  • November 15, 2023

    Locke Lord Brings On DLA Piper Health Ace In Miami

    Locke Lord LLP announced Wednesday that it has added a new partner to its health and managed care litigation practice group in Miami, who was previously with DLA Piper.

  • November 15, 2023

    European Health Care Investor Clinches €740M Fund

    Netherlands-based health care investor Gilde Healthcare on Wednesday announced that it closed its sixth health care venture and growth fund at its hard cap with €740 million ($803.1 million) in tow, which will be used to invest in health care companies in North America and Europe.

  • November 14, 2023

    Senators Told Medicare Telehealth Option Too Vital To Lose

    Telehealth services made available to Medicare beneficiaries during the pandemic are critical to patient well-being, particularly in rural areas, and must be made permanent, expert witnesses largely agreed Tuesday during a U.S. Senate subcommittee hearing.

  • November 14, 2023

    FDA Medical Device Expert Joins Cooley Life Sciences Group

    Cooley LLP has hired a medical devices expert from the U.S. Food and Drug Administration as special counsel to its growing global life sciences and health care regulatory practice.

  • November 13, 2023

    PostMeds Slapped With Another Suit Over Data Breach

    A PostMeds Inc. customer has filed a proposed class action in California federal court against the online pharmacy for failing to protect sensitive patient information from a cyberattack and the slow response that followed, the latest suit following the disclosure of the breach last month.

  • November 13, 2023

    Polsinelli Bolsters Public Policy Practice With 2 Hires

    Polsinelli PC is continuing an expansion of its public policy practice with the addition of two attorneys: one a former senior counsel for a U.S. senator and the other a former senior director at the world's largest retail trade association.

  • November 09, 2023

    Senators Told That AI Is Already Harming Patients

    While the health care industry is focused on how new developments in artificial intelligence will reshape the field, some experts believe more attention should be paid to the fact that AI isn't just a hypothetical — it's here, and already influencing patient care.

  • November 08, 2023

    Advertising Group Urges Caution With Private Health Data

    An industry trade group that develops self-regulatory standards for online advertising released guidance Wednesday on the use of private data in health-related digital ads.

  • November 08, 2023

    Amazon Launches Telehealth Platform After $4B Acquisition

    Amazon has launched a new health care platform for its Prime members, offering around-the-clock access to telehealth visits for minor needs and some in-person and remote primary care services via One Medical, a digital health company it acquired for nearly $4 billion.

Expert Analysis

  • 3 Practice Tips For Patenting Medical Devices In A Digital Age

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    In light of a recent surge in digital therapeutic applications that help manage or treat diseases, there are several best practices to follow when patenting medical devices and software, including improving upon existing technology and making the claims as specific as possible, say attorneys at Crowell & Moring.

  • How To Minimize FCA Cyber Fraud Enforcement Risk

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    As the U.S. Department of Justice’s new Civil Cyber-Fraud Initiative signals a rise in False Claims Act enforcement and whistleblower actions for cybersecurity-related fraud, government contractors and grantees should take five preventative steps to mitigate increased risks, say Brenna Jenny and Sujit Raman at Sidley.

  • What Blockchain Means For The Future Of US Health Care

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    As the U.S. plays catchup with other countries that have introduced blockchain into their health care systems, the technology is poised to drastically change the industry's revenue cycles, data management and beyond, which will result in better care for patients and more assurance for provider reimbursements, say Michael Ruggio and Jacob Butz at Ice Miller.

  • How To Navigate California's New Intrastate CBD Route

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    Businesses and consumers should prepare for rigorous compliance checks on manufacture, distribution and retail sale of consumer products made with CBD and other hemp-derived cannabinoids. following California's new law opening the potentially enormous market for these items, says Christian Foote at Clark Hill.

  • Manufacturers Face Evolving COVID-19 Legal Challenges

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    Product manufacturers must adopt new strategies to defend against pandemic-related legal challenges, including discovery delays in health care litigation, novel consumer protection claims, aggressive government enforcement actions and supply chain disputes, says Stephanie Laws at Maslon.

  • FTC's Hasty Health Data Rule Change Could Cause Confusion

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    The Federal Trade Commission's recent policy statement expanding the scope of its Health Breach Notification Rule appears to bypass appropriate administrative processes and may delay effective privacy and security policies that can advance interoperability and health innovation, says Jodi Daniel at Crowell & Moring.

  • 'McMorris Factors' Create Obstacles For Data Breach Plaintiffs

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    The factors for evaluating standing in the context of data breach allegations set forth by the Second Circuit in McMorris v. Carlos Lopez & Associates earlier this year may be difficult, if not impossible, for plaintiffs to satisfy, but the standard varies from circuit to circuit, say David Topol and Pamela Signorello at Wiley.

  • Telehealth Providers Must Beware Of Fraud As Industry Grows

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    A recent fraud charge against a telehealth executive highlights the rise we're seeing in telefraud scams during the industry's pandemic growth, and there are some steps that all health providers should take to stay clear of potentially illegal arrangements, says LaTawnda Moore at Dinsmore.

  • The Regulatory Growing Pains For Digital Health Companies

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    The meteoric rise of digital health services during the pandemic has been matched with increasing regulatory scrutiny in the U.S. and abroad, resulting in a patchwork of laws and approaches that could leave a damper on the industry's growth, say attorneys at Kobre & Kim.

  • Policyholder Best Practices As Cyberattacks Escalate

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    As ransomware attacks increasingly target corporate victims, policyholders should enhance cybersecurity and privacy efforts to avoid regulatory hot water and mitigate the effects of rising insurance premiums and coverage restrictions, say Lee Epstein and Krishna Jani at Flaster Greenberg.

  • Navigating Asia-Pacific Health M&A In The Wake Of COVID

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    Bernard Lui and Vanessa Ng at Morgan Lewis discuss new legal considerations for participants in health care mergers and acquisitions with entities in Singapore and elsewhere throughout the Asia-Pacific region as the pandemic continues.

  • Life Sci Cos. Should Prep For Enforcement After COVID Pause

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    With the U.S. Food and Drug Administration and other federal agencies beginning to turn their sights back to pre-COVID-19 agendas, now is the time for life sciences companies to proactively address certain key areas that are likely to draw enforcement action, including physician speaker programs and data integrity, say attorneys at Buchanan Ingersoll.

  • 4 Considerations In Light Of Cyber Incident Notification Bill

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    Following the recent introduction of a bipartisan bill that would require government contractors and critical infrastructure operators to report cyber intrusions to the federal government within 24 hours, companies should take several steps to assess their preparedness for identifying vulnerabilities and mitigating the risk of cyberattacks, say attorneys at Squire Patton.