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Health Consumer Protection

Read need-to-know updates, commentary, and analysis on Health issues written by leading professionals.

Outpatient Surgery Center Avoids Dismissal of Antitrust Action Through an Assist from the DOJ

In 2012, Marion Healthcare, an outpatient surgery center in southern Illinois, commenced an antitrust action against Southern Illinois Healthcare (“SIH”), a multi-hospital system operating in the same market....more

Massachusetts Creates First-In-Nation Recklessness Standard For Claims Against Brand-Name Drug Manufacturers By Users Of Generics

by Foley Hoag LLP on

In a case of first impression, the Massachusetts Supreme Judicial Court (“SJC”) held in Rafferty v. Merck & Co., No. SJC-12347 (Mar. 16, 2018), that the manufacturer of a brand-name prescription drug can be liable for...more

That’s No Autodialer: D.C. Circuit Unwinds 2015 FCC TCPA Ruling

by Balch & Bingham LLP on

This article addresses the Court’s reversal of over a decade of confusion regarding autodialers. The TCPA defines an autodialer (automatic telephone dialing system, or ATDS) as “equipment which has the capacity (a) to store...more

Revoking Contractual Consent is Different: D.C. Circuit Unwinds 2015 FCC TCPA Ruling

by Balch & Bingham LLP on

Here, we address one significant component of the decision: the D.C. Circuit’s confirmation that consumers may revoke consent to call by any reasonable means but with the qualification that parties may be able to contract...more

No Safe Harbor for Reassigned Numbers: D.C. Circuit Unwinds 2015 FCC TCPA Ruling

by Balch & Bingham LLP on

Here, we examine the D.C. Circuit’s reversal of not simply the one-call safe harbor for reassigned numbers imposed by the FCC’s 2015 TCPA ruling but also the Commission’s treatment of reassigned numbers as a whole. ...more

Legal Black Holes Proliferate After Stephen Hawking’s Death – Massachusetts Allows Somewhat Limited Innovator Liability

by Reed Smith on

Stephen Hawking may have been the smartest guy in the world, even though he believed that “People who boast about their I.Q. are losers.” Hawking is best known for his work on black holes. As used in physics, a black hole...more

D.C. Circuit Unwinds 2015 FCC TCPA Ruling: An Overview

by Balch & Bingham LLP on

In a watershed case, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) unwound key components of the controversial 2015 ruling by the Federal Communications Commission (FCC or Commission)...more

The State AG Report Weekly Update

by Cozen O'Connor on

Consumer Protection- Arizona Attorney General Announces Settlement with Auto Manufacturer Over Alleged Ignition Switch Defects- Arizona AG Mark Brnovich reached a settlement with auto manufacturer General Motors LLC...more

Recent Reports Confirm Continuing Vulnerability of Healthcare Industry to Cyber Issues

There seems to be a new scientific study published every day—like this one that alleges that eating cheese every day might actually be healthy. Understandably, many of these studies fly under the radar — but two recently...more

Guest Post – Indiana District Court Dismisses Plaintiff’s Lawsuit Against Pharmaceutical Manufacturer For Disclosure of Private...

by Reed Smith on

We have another guest post today, from Reed Smith‘s own Erica Yen. This one is about a recent, interesting decision concerning the interaction between the Health Insurance Portability and Accountability Act (“HIPAA”) and the...more

Proposed CVS Health-Aetna Acquisition Holds Strong in Congressional Hearing

Last Tuesday, February 27, 2018, representatives of CVS Health and Aetna went before the House Judiciary Committee Subcommittee on Regulatory Reform, Commercial, and Antitrust Law (“Subcommittee”) to argue in favor of CVS...more

House Judiciary Subcommittee Holds Hearing on Proposed CVS/Aetna Merger

On February 27, the House Judiciary Subcommittee on Regulatory Reform, Commercial and Antitrust Law held a hearing to consider the implications of the proposed CVS/Aetna merger. The transaction, valued at approximately $69...more

Better Healthcare Newsletter from Patrick Malone - March 2018

No way around it: Pain, which accompanies so many diseases and injuries, demands attention. But recent attempts to ease chronic pain with powerful prescription narcotics have gone wrong, horribly so. Big Pharma’s...more

How an Amicus Brief Can Win an Appeal

Economists are endemic to antitrust litigation. Their expertise is often necessary to explain why the conduct or merger at issue will have no impact (or a huge impact!) on competition in a market. ...more

The State AG Weekly Update

by Cozen O'Connor on

AG Elections- Arkansas Attorney General Leslie Rutledge Files to Run for Reelection- According to reports, Republican AG Leslie Rutledge has filed to run for reelection to a second term in 2018. AG Rutledge, the...more

Does GDPR Regulate Clinical Care Delivery by US Health Care Providers?

by McDermott Will & Emery on

The General Data Protection Regulation establishes protections for the privacy and security of personal data about individuals in the European Economic Area countries, and potentially affects the medical tourism programs and...more

Window On Washington - Vol. 2, Issue 8

by Clark Hill PLC on

FY18 Omnibus. With the past week being a recess period, House and Senate Appropriators made little progress on drafting the Omnibus bill, but Clark Hill is hearing Appropriators have finalized or are close to finalizing...more

AGG Food and Drug Newsletter - February 2018

by Arnall Golden Gregory LLP on

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC...more

Urgent, Urgent, Urgent … Emergency: FDA Advises Companies to Issue Appropriate Product Recall Warnings

by Arnall Golden Gregory LLP on

Channeling the rock band Foreigner and its 1981 hit, “Urgent” (or the Beatles’ “Get Back” single), the Food and Drug Administration issued a draft guidance in January 2018, cautioning industry to properly warn the public...more

South Carolina Insurance Department Amends Privacy Regulations

by Weiner Brodsky Kider PC on

The South Carolina Department of Insurance recently amended its Privacy of Consumer Financial and Health Information provisions (Regulation 69-58) to eliminate the annual privacy notice requirements for financial institutions...more

Latest Challenge to Affordable Care Act Arises in Idaho

The decision of Blue Cross of Idaho to offer health insurance plans that appear to violate federal law begins the latest chapter in the continuing saga of the Affordable Care Act’s increasingly tenuous existence. Blue Cross...more

Patience is Waning: Courts Start Reversing Themselves on TCPA Stays as Delay on Omnibus Ruling Continues

by Dorsey & Whitney LLP on

It has been 15 months since oral argument in the ACA’s appeal of the FCC’s 2015 Omnibus, and courts are starting to lose patience waiting for a decision by the D.C. Circuit. Last week, two district courts in California...more

Window on Washington - Vol. 2, Issue 6

by Clark Hill PLC on

Outlook for This Week in the Nation's Capital - FY18 Appropriations Work Already Underway. Since the passage of the bipartisan budget deal this past Friday, House and Senate Appropriations Committees have already begun...more

Massachusetts Launches New Online Breach Reporting Form

by Murtha Cullina on

On Monday, February 5, 2018, the Massachusetts Attorney General’s Office (AGO) sent an e-mail blast regarding their new online form for businesses needing to report breaches under Chapter 93H of the Massachusetts General...more

Window on Washington - Vol. 2, Issue 5

by Clark Hill PLC on

Another Shutdown? Congress needs to pass another short-term spending bill by Friday in order to keep the government open, but some House Republicans are against the plan for a fifth continuing resolution that would fund the...more

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