Digital Health & Technology

  • 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. 

  • October 13, 2023

    Patients, Health Co. Settle Data Breach Suit For $2.9M

    A class of people caught up in a 2022 data breach asked a Michigan federal judge on Friday to preliminarily approve a $2.9 million deal with a maker of prosthetics and orthotics to settle claims that the company didn't adequately protect their sensitive information from a cyberattack.

  • October 11, 2023

    FDA Launches New Digital Health Advisory Committee

    The U.S. Food and Drug Administration said Wednesday it's creating a new committee to advise on the use of digital technologies like artificial intelligence and remote monitoring in health and medicine, signaling the growing importance of digital health for business and regulators.

  • October 10, 2023

    23andMe Didn't Protect Sensitive Info From Hacker, Users Say

    Biotechnology company 23andMe didn't have in place adequate safeguards to protect the genetic ancestry data and other sensitive information of thousands of customers from a data breach the company announced last week, according to a proposed class action filed Monday in California federal court.

  • October 10, 2023

    Network Says Patients, Employees Not Injured By Data Breach

    A network of dental practices on Monday urged a Michigan federal judge to toss a suit alleging it didn't keep patients' and employees' personal information safe from a cyberattack, saying the proposed class has not shown they have suffered a real-world injury from the data breach.

  • October 10, 2023

    Cooley Adds Foley & Lardner Life Sciences Atty In San Diego

    Cooley LLP has hired a longtime Foley & Lardner LLP life sciences partner, who will join the firm's health care transaction group in its San Diego office, the firm announced Monday.

  • October 06, 2023

    Mich. Health Co. 'Reckless' With 2.5M Patients' Info, Suit Says

    Michigan health system McLaren Health Care Corp. was hit with a federal lawsuit after a ransomware attack allegedly compromised the personal information of around 2.5 million patients.

  • October 06, 2023

    DEA Issues 2nd Extension Of Telehealth Prescription Rule

    The Drug Enforcement Administration on Friday extended for the second time a temporary COVID-19 era rule allowing providers to prescribe controlled substances without first seeing a patient in person, keeping the status quo in place through the end of 2024 while the agency hashes out plans on a final rule. 

  • October 05, 2023

    IP Forecast: Novartis To Fight Antitrust Row Over Drug Patent

    Novartis is set to oppose an appeal at the Second Circuit from a rival seeking to restore an antitrust suit accusing it of hiding things from the patent office to illegally corner the market for an eye syringe treatment. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • October 05, 2023

    Blackbaud To Pay States, DC $49.5M For Data Breach Claims

    Blackbaud Inc. has agreed to pay $49.5 million to resolve claims brought by 49 states and the District of Columbia over the software company's security practices and its response to a 2020 ransomware attack that affected thousands of its customers, the parties said Thursday.

  • October 04, 2023

    Suit Says BCBS Of Ill. Failed To Protect Data In Breach

    Blue Cross Blue Shield of Illinois was hit with a putative class action Tuesday alleging it failed to implement safeguards that would have protected members' personal, sensitive information from being disclosed through a third-party vendor and took nine months to discover there was a breach.

  • October 03, 2023

    Google Says It Didn't Use Data From Period App To Advertise

    Google has told a California federal court it should dismiss a proposed class action alleging the company used a data analytics tool to wrongfully retrieve data from a menstruation tracking app because the tech giant didn't use the data to produce targeted advertising.

  • October 02, 2023

    Sutter Health Emails Reveal Billing Confusion In $519M Trial

    Internal Sutter Health emails shown Monday during a whistleblower's $519 million California bench trial over double-billing claims revealed that the hospital systems' personnel regularly asked Sutter compliance administrators how they should charge patients and insurers for certain recovery room and operating room services, and expressed concerns over potentially inconsistent billing practices.

  • September 28, 2023

    Cedars-Sinai Tells 9th Circ. Data Suit Belongs In Federal Court

    Cedars-Sinai is urging the Ninth Circuit to block the remand to state court of a trio of consolidated suits accusing it of improperly sharing patients' personal information with tech giants like Facebook, arguing the dispute "requires a federal forum to resolve" because it's premised on the provider's efforts to carry out a federal government-backed initiative to improve health technology infrastructure.

  • September 26, 2023

    Miss. Orthopedic Group Sued For Patient Data Hack

    A Mississippi orthopedic care provider was hit with a federal lawsuit Monday in the state after a data breach allegedly compromised the personal information of around 242,986 patients.

  • September 25, 2023

    IBM, J&J Face Class Action Over August Patient Data Breach

    IBM and the health care arm of Johnson & Johnson were hit with a proposed class action in New York federal court alleging their failure to safeguard protected health information resulted in a data breach on Aug. 2 that impacted thousands of patients who weren't told of the breach until Sept. 15.

  • September 25, 2023

    PharMerica Unit Hit With Data Breach Class Action In Calif.

    Pharmacy services company Amerita Inc., a subsidiary of PharMerica, was hit with a putative class action in California federal court Monday by a patient who accused the company of failing to implement protocols to protect sensitive information from cyberattacks and data breaches, and waiting nearly six months to inform impacted customers.

  • September 21, 2023

    Mass. Judge Tosses Desktop Metal Securities Suit For Good

    A Massachusetts federal judge has permanently tossed a proposed securities suit claiming 3D printing company Desktop Metal Inc. and its executives misled investors about a flagship product that was ultimately recalled, finding that the suit failed to plead any actionable misleading statements or that the executives knowingly deceived the investors.

  • September 19, 2023

    Medical Firm UpHealth Files For Ch. 11 After $31M Judgment

    Digital health care company subsidiary UpHealth Holdings Inc. filed for Chapter 11 protection in Delaware on Tuesday after it lost a legal battle with former financial adviser Needham & Company LLC, which won a $31 million judgment.

  • September 14, 2023

    Dental Co. Seller Countersues Buyer In Del. Over $312M Deal

    The seller of a dental insurance and administration company who is fighting breach of contract allegations from its new owners in Delaware district court has now countersued them in the First State's Court of Chancery, also alleging breach of contract.

Expert Analysis

  • 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.

  • 3 Cybersecurity Questions To Ask Before A Remote Mediation

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    Lawyers preparing to mediate or arbitrate a case through videoconference should take steps to ensure they and their alternative dispute resolution providers are employing reasonable security precautions to protect digital client data and conform to confidentiality obligations, say F. Keith Brown and Michael Koss at ADR Systems.

  • Expect Aggressive Health Care Scrutiny From Mass. US Atty

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    As we await a new presidentially appointed U.S. attorney for Massachusetts, health business leaders and in-house counsel should reexamine their compliance structures, as the office will likely continue to prioritize enforcement efforts against both traditional areas of focus and pandemic-related fraud, say Jack Pirozzolo and Doreen Rachal at Sidley.

  • 4 Areas Of Cyberattack Vulnerability For Law Firms

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    Recent data breaches involving Goodwin and Jones Day show that cyberattacks are very real threats to the legal profession, especially in the era of remote work, so law firms should revisit common business practices that expose them to unnecessary risks, says Ara Aslanian at Inverselogic.

  • Health Info Blocking Rule Creates Opportunities For Research

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    The U.S. Department of Health and Human Services' information blocking rule taking effect in April will provide researchers with a new tool for obtaining electronic health information, which could lead to a proliferation of new endeavors and insights, say attorneys at Ropes & Gray.

  • 7 False Claims Act Enforcement Trends To Watch

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    False Claims Act enforcement statistics, along with anticipated enforcement priorities under the Biden administration, suggest that we will see a significant increase in FCA investigations and related litigation, targeting a widening array of industries and categories of defendants, say attorneys at Winston & Strawn.

  • Data Compliance Issues For Cos. Making, Using Vaccine Apps

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    To manage privacy concerns with COVID-19 vaccine verification tools, developers should look to the Federal Trade Commission's Fair Information Practice Principles to build secure applications consistent with U.S. privacy laws, and employers should ensure that notice, recordkeeping and retention requirements are in place, say attorneys at Troutman Pepper.

  • A Look At Factors Influencing Medical Device Approval Speed

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    Analysis indicates that several factors affect U.S. Food and Drug Administration medical device approval times, and that FDA mechanisms for speeding up the process are not especially effective, say analysts at Emerging Health.

  • Prepare For NY Data Privacy Law To Catch Up To Calif.

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    The proposed New York Data Accountability and Transparency Act, along with last year's SHIELD Act, means that the state may soon have comprehensive privacy laws that rival California's, and all businesses with New York customers should take several important compliance steps to prepare, say attorneys at Gibson Dunn.

  • Predictions For How Telehealth Law Will Evolve In 2021

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    Following the significant activity COVID-19 brought to telemedicine and digital health policy in 2020, legislators will likely continue reducing barriers to virtual care this year, but regulators' enforcement efforts will rise as well, says Nathaniel Lacktman at Foley & Lardner.

  • Lessons From 2020 Life Sciences Securities Class Actions

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    Life sciences companies can draw important insights from the many dismissal opinions that federal courts issued during 2020 in securities actions arising from adverse U.S. Food and Drug Administration actions and clinical development setbacks, say Yvonne Puig and Peter Stokes at Norton Rose.