Digital Health & Technology

  • November 07, 2023

    Patients In Data Breach Suit Say Fraud Risk Equals Injury

    Patients and employees of a network of hundreds of dental centers told a Michigan federal judge on Monday their proposed class action over a data breach can't be dismissed for a failure to allege injury because they are at imminent risk of fraud.

  • November 07, 2023

    Online Pharmacy Failed To Keep Patient Data Safe, Suit Says

    A West Virginia man has lodged a proposed class action in California federal court against online pharmacy PostMeds Inc. for failing to protect sensitive patient information from a cyberattack and then dragging its feet before getting the word out to clients.

  • November 06, 2023

    New CMS Final Rule Clarifies Telehealth, Remote Care

    The federal government's final Physician Fee Schedule for 2024, released last week, punts certain decisions around telehealth another year and clarifies remote care expectations under Medicare.

  • November 03, 2023

    'Devil's In The Details' Of Biden's AI Health Plans, Experts Say

    BigLaw experts have praised President Joe Biden's sweeping plan to harness the powers of artificial intelligence to develop potent cancer treatments, improve equity in the medical field and otherwise serve patients and heal the ills of the U.S. health care industry.

  • November 03, 2023

    CMS To Cut Medicare Provider Payments, Drawing Industry Ire

    The federal government has released its final Physician Fee Schedule, cutting Medicare payment rates for physicians in 2024 and drawing criticism from health care industry groups, which argued that the cuts would hinder care and create financial instability for doctors.

  • November 03, 2023

    GoodRx Threatened With Sanctions Over Settlement Notice

    A California federal judge ordered GoodRx to explain why the company shouldn't be sanctioned after failing to notify the court about a related nationwide proposed class action in Florida that reached a preliminary settlement over claims the company improperly shared users' data to Meta Platforms Inc. and Google.

  • November 02, 2023

    Hospitals Challenge Federal Guidance On Website Tracking

    The American Hospital Association sued the Biden administration Thursday over federal guidance restricting the use of online tracking technology, alleging the rule violates the First Amendment and interferes with their communication of vital health information.

  • November 02, 2023

    25 AGs Want Warning Labels On Oxygen-Reading Devices

    Twenty-five attorneys general want the U.S. Food and Drug Administration to issue labels on blood-oxygen-level readers warning of their "life-threatening" inaccuracies for people of color due to bias in their readings.

  • November 02, 2023

    Sens. Launch Working Group On Health Care Cybersecurity

    Amid an increase in cyberattacks targeting health records, a bipartisan group of senators announced Thursday the launch of a new working group to strengthen cybersecurity in the health care and public health sectors.

  • October 31, 2023

    Conn. AG Presses 23andMe Over User Data Breach

    Connecticut's attorney general is pressing genetic tracking company 23andMe Inc. for information on a data breach involving user information, questioning whether the company complied with state laws governing data breaches and personal data.

  • October 31, 2023

    HHS Proposes Monetary Sanctions For Information Blocking

    Health care providers would face monetary disincentives for engaging in information blocking under a proposed rule by the U.S. Department of Health and Human Services.

  • October 30, 2023

    Health Systems Say Meta Data-Sharing Suit Lacks Substance

    A group of medical systems asked a California federal judge Friday to toss a proposed class action alleging they "disregarded the privacy rights" of millions of visitors to their websites by sharing user data with Meta without users' knowledge through third-party tracking technologies.

  • October 27, 2023

    Rush University Hospital Sued Over Worker Fingerprint Scans

    A respiratory therapist has hit his former employer, a Chicago hospital, with a proposed class action in Illinois state court alleging a violation of the state's Biometric Information Privacy Act over its use of fingerprint scanning to access medicine and supply dispensing machines.

  • October 27, 2023

    Costco Gave Meta Customers' Medical Info, Class Action Says

    Costco disclosed customers' personal health information to third parties, such as Meta, through the use of tracking tools on its website, a proposed class action has alleged in Washington federal court.

  • October 26, 2023

    Sofinnova Partners Closes $200M Digital Medicine Fund

    European life sciences investment firm Sofinnova Partners said Thursday that it has closed its first digital medicine fund, raising $200 million.

  • October 25, 2023

    Oregon Insurer, Others Hit With Suit Over Russian Hack

    An Oregon Medicaid customer has launched a proposed class action in federal court against a coordinated care organization and its vendor, as well as a Massachusetts-based software company, alleging the companies failed to take steps to keep her data safe from Russian hackers.

  • October 25, 2023

    FDA Plans Tighter Scrutiny Of Off-Label Data Sent To Doctors

    The U.S. Food and Drug Administration is preparing more stringent guidelines on how pharmaceutical companies and similar firms should communicate with doctors about research into the off-label use of medical devices and drugs.

  • October 24, 2023

    Colo. Medicaid Agency, IBM Hit With Data Breach Class Action

    A Colorado man has filed a proposed class action in state court against the Colorado Department of Health Care Policy and Financing and IBM over a software vulnerability that allegedly allowed a hacker to obtain the personal information of more than 4 million people.

  • October 24, 2023

    Med-Tech Co. UpHealth And 6 Units Get OK For Joint Ch. 11

    Digital health care company UpHealth Holdings Inc. can include six affiliates offering psychiatric treatment and other services in its bankruptcy case, a Delaware bankruptcy judge said Tuesday, more than a month after the debtor hit Chapter 11 citing the fallout of a failed legal battle with former financial adviser Needham & Co. LLC.

  • October 24, 2023

    Consumer Says Contractor's Software Allowed Data Hack

    A Texas woman has accused a federal contractor that helps process online Medicaid information of not doing enough to prevent a data breach that leaked patients' personal information, claiming Russian hackers exploited software vulnerabilities the contractor should have foreseen.

  • October 20, 2023

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen credit score agency Equifax hit with a class action suit over a data breach compromising 14 million consumers’ data, scuppered law firm High Street Solicitors accused by a fund management company of breaching its contract, and Lenovo bring its 5G patent dispute with Ericsson to the High Court. Here, Law360 looks at these and other new claims in the U.K.

  • October 18, 2023

    33 AGs Ink $1.4M Deal With Clearinghouse Over Data Breach

    Health care clearinghouse Inmediata has agreed to pay $1.4 million to 32 states and Puerto Rico to resolve claims that it failed to adequately safeguard the sensitive health information of approximately 1.5 million consumers that was left publicly exposed online for almost three years, several state attorneys general announced Tuesday.

  • October 18, 2023

    MVP: Sheppard Mullin's Eric Klein

    Eric Klein of Sheppard Mullin Richter & Hampton LLP represented VillageMD through its $8.9 billion acquisition of Summit Health-CityMD, the largest health care services transaction of 2022, earning him a spot as one of Law360's 2023 Health Care MVPs.

  • October 16, 2023

    Smart Medical Device Maker Inks $60M SPAC Merger

    Smart medical device developer Docter is planning on going public through a merger with Aimfinity Investment Corp. in a deal led by two law firms and worth a targeted $60 million, according to a statement from Aimfinity on Monday.

  • October 13, 2023

    Calif. Raises Data Broker Regulation Bar With Deletion Law

    California is putting data brokers under the microscope with a groundbreaking law that imposes significant new data deletion and disclosure obligations, creating heightened liability risks and once again establishing a privacy standard that other states are likely to follow. 

Expert Analysis

  • What COVID-19, Social Issues Mean For Pharma Case Juries

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    Recent surveys of actual and potential jurors suggest that the turbulence of this time will likely affect the attitudes of juries in pharmaceutical and life science cases in at least five different ways, say Buffy Mims and Rachel Horton at DLA Piper, and Rick Fuentes at R&D Strategic Solutions.

  • Health Cos. Must Prepare For Growing Ransomware Threat

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    Health companies are a prime target for ransomware attacks due to their sensitive data and relative vulnerability, so they will need compliance and resilience to guard against the increasingly varied ways that hackers can attempt to extract funds, say Alaap Shah and Stuart Gerson at Epstein Becker.

  • Medical Device Cases Show Increased Sunshine Act Scrutiny

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    Recent U.S. Department of Justice and Centers for Medicare & Medicaid Services settlements with two medical device manufacturers signal ramped-up enforcement of the Sunshine Act, highlighting a departure from a historically gentler approach, say Jaime Jones and Brenna Jenny at Sidley.

  • Compliance Considerations For Pharma Co. Testing Programs

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    Diagnostic tests sponsored by pharmaceutical companies can provide real benefits to patients, but should be carefully structured to mitigate compliance risks related to possible fraud and patient privacy, say Eve Brunts and Alison Fethke at Ropes & Gray.

  • Gov't Authorities Should Assist Ransomware Targets

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    As more companies make the prudent decision to pay ransoms following cyberattacks — recently demonstrated by Colonial Pipeline's decision to make a multimillion-dollar payment — governments should use these opportunities to identify and punish perpetrators, rather than simply admonishing victims, say attorneys at Clifford Chance.

  • Bracing For The Next Wave Of Health Care Enforcement

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    Health companies should take proactive steps against a coming wave of federal enforcement, in light of massive new health funding, agencies' desire to protect COVID-19 relief funds, increased use of data analytics and a likely rise in qui tam suits, say attorneys at Foley & Lardner.

  • Indoor Air Pollution Fix Will Require New Laws, New Tech

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    The COVID-19 pandemic, an aging population and changing workplace dynamics all foretell more exposure to indoor air pollutants, so a multidisciplinary policy approach combining technology, insurance, funding and regulation will be needed to improve indoor air quality and health, says Ann Al-Bahish at Haynes and Boone.

  • How Justices' AMG Ruling Affects Privacy And Cybersecurity

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    The U.S. Supreme Court's recent ruling in AMG Capital Management v. Federal Trade Commission removes the regulator's ability to seek monetary damages that discouraged privacy and cybersecurity breaches, and as a result, companies should reassess their exposure in these areas, say attorneys at Orrick.

  • COVID's Int'l Trade Impact Holds Health Co. Legal Implications

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    Pandemic-prompted changes to international trade are highlighting novel legal issues related to the health care industry's reliance on an international supply chain, the proliferation of counterfeit supplies, and risks associated with offshoring administrative support, say Brett Johnson and Claudia Stedman at Snell & Wilmer.

  • Mapping The Predicate Chain For Medical Device Approval

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    Omar Robles at Emerging Health analyzes the potential magnitude of predicate chains created by the 510(k) pathway for medical device approval, in light of common criticism that the approval process can create chains of devices that reach the marketplace without recent clinical testing.

  • Where Health Care Enforcement Is Headed Under Biden

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    Early actions by President Joe Biden's administration signal a robust health care enforcement environment in which federal agencies will aggressively scrutinize pandemic-related and Medicare Advantage fraud, nursing homes, and medical technology, and False Claims Act activity will likely increase, say attorneys at Alston & Bird.

  • Mitigating Anti-Kickback Risks Of Health Tech Stock Warrants

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    While stock warrants are a practical way for the health technology industry to finance growth, companies should utilize statutory safe harbors to mitigate federal Anti-Kickback Statute compliance risks, which could arise from an improperly structured arrangement that encourages referral of business to a vendor, say Meenakshi Datta and Jon Zucker at Sidley.

  • ABA Remote Work Guide Raises Bar For Atty Tech Know-How

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    A recent American Bar Association opinion on lawyers' ethical duties of competence and confidentiality when working remotely should be viewed as part of a larger movement by which attorneys are being exhorted to develop competence in 21st century technology, say Jennifer Goldsmith at Ironshore and Barry Temkin at Mound Cotton.