A California state judge has handed Sutter Health a win following a weeks-long bench trial last year over a whistleblower's claims that the nonprofit hospital network violated the state's insurance fraud prevention statutes and owes $519 million for allegedly double-billing for certain operating-room services without documentation.
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TOP NEWS

Sutter Health Wins Trial Over $519M Double-Billing Claims

By Dorothy Atkins

A California state judge has handed Sutter Health a win following a weeks-long bench trial last year over a whistleblower's claims that the nonprofit hospital network violated the state's insurance fraud prevention statutes and owes $519 million for allegedly double-billing for certain operating-room services without documentation.

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HHS Drug Pricing Program Flouts Constitution, Boehringer Says

By Brian Steele

An "unprecedented" new Medicare price negotiation program deprives drugmakers of their constitutional rights and forces them to make declarations on issues of public concern that reflect poorly on them, Boehringer Ingelheim Pharmaceuticals Inc. argued Thursday in Connecticut federal court as it echoed the industry chorus seeking to strike the initiative.

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Attys Accused Of Judge Shopping Rebut Fraud Allegations

By Emily Sawicki

An Alabama federal judge is conducting an in-camera review of a long-awaited "Q&A document" believed to have circulated among attorneys accused of judge shopping their efforts to fight a 2022 state law preventing transgender youth from accessing gender-affirming care, with the lawyers handing over the document but denying allegations of misconduct.

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Web-Tracking Guidance Exceeded HHS' Authority, Judge Says

By Dan McKay

A Texas federal judge ordered the Biden administration Thursday to rescind its new guidance restricting hospitals' use of online tracking technology, declaring that federal officials had overstepped their authority by redefining what they consider protected health information.

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POLICY & REGULATION

No Atty, No Case: Judge Tosses Attack On Psychedelics Ban

By Greg Lamm

A federal judge in Washington state threw out a challenge to the U.S. Drug Enforcement Administration's efforts to ban two psychedelic substances in an order Thursday that chided a psychedelic research company for doing "an end run" around requirements that corporations be represented by an attorney.

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Ex-DEA Heads Echo GOP AGs' Call For Pot Rescheduling Hearing

By Sam Reisman

A group of former U.S. Drug Enforcement Administration leaders and Republican attorneys general have formally requested administrative hearings on the U.S. attorney general's proposal to reschedule cannabis, according to separate letters sent this week that distinctly echo each other.

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ENFORCEMENT & COMPLIANCE

Ontrak Founder's Insider Trading Case Goes To Calif. Jury

By Gina Kim

Federal prosecutors delivered closing arguments Thursday in the insider trading trial of Ontrak's founder, telling jurors that he hurriedly dumped $20 million of shares in the healthcare company after discovering its biggest client was going to terminate their deal, while defense counsel argued he was simply exercising expiring warrants.

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UnitedHealth To Pay $1M To End NY AG Birth Control Probe

By Emmy Freedman

New York Attorney General Letitia James announced Thursday that UnitedHealthcare of New York Inc. will pay $1 million to end allegations that the company violated Empire State law by refusing to fully cover an oral contraceptive.

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Brief

NBA Fraud Ringleader To Plead Fifth At Doctor's Trial

By Elliot Weld

Counsel for a former NBA journeyman who pled guilty after being accused of spearheading a scheme to defraud a league healthcare plan said his client will probably invoke the Fifth Amendment if called to testify at a co-defendant's upcoming trial.

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LITIGATION

Pa. Justices Rule 'Client Exception' Can't Save Med Mal Case

By Donald Morrison

The Pennsylvania Supreme Court ruled on Tuesday that a law firm violated state discovery rules by simultaneously representing a physician and a nondefendant witness, saying a law firm representing a defendant treating physician cannot obtain information from a non-party treating physician without written consent or through discovery.

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No Access To Ethics Docs For Ex-NJ Official Yet, Judge Rules

By George Woolston

A New Jersey judge has rejected a bid by a former Garden State health official asking the court to compel the state and its ethics commission to produce documents related to claims he was fired in 2020 for raising concerns over the earmarking of COVID-19 tests for relatives of a state administration official, according to Wednesday orders.

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Eli Lilly Launches Round Of Diabetes Drug Suits

By Emily Field

Eli Lilly on Thursday hit various compounding pharmacies and medical spas in five states and the District of Columbia with suits saying that they trick consumers into thinking that they sell Eli Lilly medications that treat diabetes and obesity when actually they are copycats and are untested by the U.S. Food and Drug Administration.

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$13B Antitrust Suit Is Class Cert 'Antithesis,' Delta Dental Says

By Lauraann Wood

The nation's largest dental insurance system and its members have blasted service providers' bid for class treatment in multidistrict litigation targeting an alleged $13 billion antitrust scheme, telling an Illinois federal judge that the providers' case "is the very antithesis of a proper class action."

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ACLU Urges 9th Circ. To Reject Insurer's Trans Health Appeal

By Kellie Mejdrich

The American Civil Liberties Union urged the Ninth Circuit to reject Blue Cross Blue Shield of Illinois' appeal seeking to overturn a lower court ruling that found denying transgender health plan participants gender-affirming care violated the Affordable Care Act, arguing federal healthcare nondiscrimination laws clearly protected against gender identity bias.

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CORRECTED: Drug Cos., PBMs Score Win In Calif. AG's Insulin Price Suit

By Gina Kim

A Los Angeles judge ruled Tuesday that the statute of limitations bars the California Attorney General's unfair competition law and unjust enrichment claims against drugmakers and pharmacy benefit managers over an alleged conspiracy to spike insulin costs, but granted leave to amend the allegations.

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EXPERT ANALYSIS

5 Critical Factors Driving Settlement Values In Cyber Litigation

Recent ransomware incidents and their legal repercussions offer five valuable insights into the determinants of settlement values in cyberattack-related litigation, and understanding these trends and their implications can better prepare organizations for the potential legal fallout from future breaches, says Peter Kamminga at JAMS.

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Money, Money, Money: Limiting White Collar Wealth Evidence

As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.

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How Associates Can Build A Professional Image

As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

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LEGAL INDUSTRY

Bonus Spotlight

McKool Smith Handing Out Midyear Bonuses Of Up To $30K

By Xiumei Dong

McKool Smith PC will be awarding midyear bonuses of up to $30,000 to its principals, associates and senior counsel, according to an internal email sent Thursday by Chairman David Sochia.

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Manhattan DA Seeks To Retain Trump Gag Order, Amid Threats

By Stewart Bishop

The Manhattan District Attorney's Office urged a New York state judge Friday to leave in place most restrictions of the gag order preventing Donald Trump from speaking publicly about witnesses, jurors and others tied to his criminal trial, citing a barrage of threats from his supporters in recent months — including "actionable" death threats before and after the verdict.

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Ohio Atty Reinstated After Flinging Feces-Filled Pringles Can

By Rachel Rippetoe

An Ohio criminal defense attorney suspended for filling a Pringles can with his own feces and throwing it in the parking lot of a victim advocacy center was reinstated this week, according to a court filing.

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'Clearly Relevant' Fraud Claims Stay In Lin Wood Slander Trial

By Chart Riggall

Ahead of a trial where controversial attorney Lin Wood will face claims that he defamed his former law partners, a Georgia federal judge on Friday refused to keep out as evidence two state court lawsuits in which Wood is accused of stiffing them on legal fees and sheltering cash behind a real estate venture.

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AAA, Worker End Sex Bias Suit After Missed Eclipse Day Depo

By Patrick Hoff

AAA and a former insurance agent told a Florida federal court Friday that they've settled the ex-employee's gender discrimination lawsuit amid a fight over how much his attorney owes the organization for missing a deposition because he was traveling to see April's solar eclipse.

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Law360's Legal Lions Of The Week

By Kevin Penton

Attorney Jonathan Mitchell and the New Civil Liberties Alliance lead this week's edition of Law360's Legal Lions, after the U.S. Supreme Court ruled that the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives does not have the authority to ban firearm accessories known as bump stocks.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

Workers have filed a new suit accusing Tesla of failing to stop racist behavior and sexual harassment in two California factories, despite previous lawsuits. And the former head of AIG's Legal Operations Center has lost his appeal on his claim that he was fired in retaliation for pointing out alleged fraud. These are some of the stories in corporate legal news you may have missed in the past week.​

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

By Max Austin

This past week in London has seen JD Wetherspoon sue a Welsh pub over its name in the Intellectual Property Court, ex-professional boxer Amir Khan and his wife file libel action against an influencer, the Performing Right Society hit with a competition claim over music licensing, and Manolete Partners bring action against the directors of a bust investment firm. Here, Law360 looks at these and other new claims in the U.K.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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Series

Glassblowing Makes Me A Better Lawyer

I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

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COMPANIES IN TODAY'S NEWS

Accenture PLC

Aetna Inc.

Alliance Defending Freedom

Amazon.com Inc.

American Civil Liberties Union

American Civil Liberties Union of Washington

American Hospital Association

American International Group Inc.

Apple Inc.

Ascension Health Inc.

AstraZeneca PLC

BNSF Railway Co.

Barclays PLC

BlueCross BlueShield of Illinois

Boehringer Ingelheim

Boehringer Ingelheim Vetmedica Inc.

Brigham Young University

Bristol-Myers Squibb Co.

British Broadcasting Corp.

Business Insider Inc.

CVS Health Corp.

Caesars Entertainment Inc.

Cargill Inc.

Compass Lexecon LLC

Debenhams PLC

Delaware State Bar Association

Eli Lilly & Co.

Energizer Holdings Inc.

Evergreen Marine Corp.

Express Scripts Holding Co.

Exxon Mobil Corp.

Ford Motor Co.

Instagram Inc.

International Business Machines Corp.

Kiteworks

Lambda Legal Defense & Educational Fund

LinkedIn Corp.

Live Nation Entertainment Inc.

ManpowerGroup Inc.

Mercedes-Benz USA LLC

Merck & Co. Inc.

Microsoft Corp.

NVIDIA Corp.

New Civil Liberties Alliance

Novo Nordisk A S

Ohio State University Wexner Medical Center

OptumRx Inc.

Paramount Global

Plant Sciences Inc.

Qatar Investment Authority

Sales Inc.

Sanofi

Smart Approaches to Marijuana

SolarWinds Corp.

Solicitors Regulation Authority Ltd.

Sutter Health

Tesla Inc.

The Boeing Co.

The Cigna Group

The District of Columbia Bar

The New York Times Co.

TikTok Inc.

TransUnion LLC

Uber Technologies Inc.

United Network for Organ Sharing

UnitedHealth Group Inc.

Volkswagen AG

Walmart Inc.

YouTube Inc.

LAW FIRMS IN TODAY'S NEWS

Aaron & Partners LLP

Alston & Bird

Badham & Buck

Bainbridge Mims

Baker McKenzie

Beal Sutherland

Berger Montague

Bernstein Liebhard

Bernstein Litowitz

Bird Marella

Brown Rudnick

CMS Cameron McKenna Nabarro Olswang

Campbell & Williams

Campbell Johnston

Clyde & Co

Cooley LLP

Cooper & Kirk

Copeland Franco

Covington & Burling

Cozen O'Connor

Cravath Swaine

DAC Beachcroft

DLA Piper

Davis Polk

Dechert LLP

Dominick Feld

Downey & Cleveland

Faegre Drinker

Farella Braun

Fieldfisher

Fisher & Phillips

Fox Williams

Freeths LLP

Friedman Kaplan

Gibson Dunn

Gowling WLG

Greenberg Traurig

Hach Rose Schirripa

Hausfeld LLP

Hill Dickinson

Hogan Lovells

Hueston Hennigan

Hunton Andrews

Husch Blackwell

Jenner & Block

John Exum Law

Jones Day

Kalijarvi Chuzi

Kantrowitz Goldhamer

Kaplan Fox

Keker Van Nest & Peters

Kemp Jones

Kilpatrick Townsend

King & Spalding

Kirkland & Ellis

Lamb McErlane

Latham & Watkins

Lewis Silkin

Lightfoot Franklin

Littler Mendelson

Macfarlanes LLP

Mayer Brown

McKool Smith

Messa & Associates

Morgan Lewis

NechelesLaw

Norton Rose

Parker McCay

Perkins Coie

Pinsent Masons

Poole Huffman

Preiskel & Co.

Pullman & Comley

Quinn Emanuel

Rathje Woodward

Ropes & Gray

Rothman, Schneider, Soloway & Stern LLP

Saltz Mongeluzzi

Scanlon Howley

Sheppard Mullin

Shook Hardy

Sidley Austin

Sirianni Youtz

Smith Eibeler

Spratt Endicott

Stein Sperling

Tousley Brain

Umhofer Mitchell

Wade Grunberg

Ward Hadaway

Williams & Connolly

Winston & Strawn

Wollmuth Maher

GOVERNMENT AGENCIES IN TODAY'S NEWS

Alabama Attorney General's Office

California Department of Insurance

Centers for Medicare & Medicaid Services

Companies House

Equal Employment Opportunity Commission

Financial Conduct Authority

Food and Drug Administration

Internal Revenue Service

Los Angeles Superior Court

Manhattan District Attorney's Office

New Jersey Supreme Court

New York Attorney General's Office

New York City Police Department

Ohio Supreme Court

Pennsylvania Supreme Court

Swinomish Indian Tribal Community

U.S. Attorney's Office

U.S. Attorney's Office for the Central District of California

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Department of the Treasury

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Connecticut

U.S. District Court for the Eastern District of New York

U.S. District Court for the Middle District of Alabama

U.S. District Court for the Middle District of Florida

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Washington

U.S. Drug Enforcement Administration

U.S. Securities and Exchange Commission

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the Northern District of Ohio