Digital Health & Technology

  • December 11, 2025

    Life Insurers Exempt From Ill. Genetic Privacy Law, Court Says

    An Illinois state appeals court affirmed the dismissal of a man's suit claiming two State Farm life insurers violated Illinois' genetic information privacy law, finding a section barring the use of genetic protected health information for underwriting purposes does not apply to life insurance companies.

  • December 10, 2025

    HealthEC Data Hack Class Seeks OK Of $5.5M Privacy Deal

    Over 1.6 million patients affected by HealthEC's cybersecurity attack in 2023 asked a New Jersey magistrate judge for her final stamp of approval on a $5.48 million class action settlement, arguing Monday the resolution includes additional, significant benefits like Medical Shield Complete which protects them from healthcare-related fraud. 

  • December 10, 2025

    Apple Tells Fed. Circ. ITC Move Boosts Watch Case Appeal

    Apple Inc. has told the Federal Circuit that the U.S. International Trade Commission's decision last month to review whether a redesigned Apple Watch infringes Masimo Corp. patents "underscores the need" for the appeals court to reverse the ITC's original infringement finding.

  • December 09, 2025

    Cooley Adds 30-Person Life Sciences IP Team From Dechert

    A trio of Dechert LLP partners, including the co-chair of its global intellectual property practice, have joined Cooley LLP alongside a team of special counsel, associates and patent agents, the firm announced Tuesday.

  • December 05, 2025

    Ga. Billing Firm Says Lack Of Harm Dooms Data Breach Row

    A Georgia-based medical billing practice asked a federal judge to dismiss a proposed class action accusing it of failing to properly secure its patients and employees' personal information that was exposed in a September data breach, arguing the plaintiffs failed to show their data was publicly disseminated or otherwise misused.

  • December 05, 2025

    Meta CEO Zuckerberg Fights Privacy Suit Depo At 9th Circ.

    Meta Platforms CEO Mark Zuckerberg urged a Ninth Circuit panel during a hearing Friday to scrap orders requiring him to give a limited deposition in privacy litigation over Facebook's alleged collection of health data, arguing the plaintiffs failed to exhaust alternative methods of getting the information they seek.

  • December 02, 2025

    Squires Institutes First PTAB Challenges Since Taking Over

    U.S. Patent and Trademark Office Director John Squires has instituted four inter partes reviews and two post-grant reviews, the first Patent Trial and Appeal Board challenges to get his sign-off since he took over the institution review process.

  • December 02, 2025

    CVS Will Pay $37.8M To Settle Insulin Pen Overbilling Claims

    CVS has agreed to pay $37.76 million to settle allegations that the major pharmacy retailer violated federal law by overdispensing and overbilling for insulin pens to government healthcare programs, federal prosecutors said Tuesday. 

  • December 01, 2025

    Meet The Attys Arguing Gov't Subpoena Power At High Court

    Law360 introduces the lawyers appearing at the U.S. Supreme Court on Tuesday in a case focused on an anti-abortion crisis center and a state attorney general's attempt to subpoena details on its donors.

  • November 25, 2025

    Kaiser Cleared To Pay $46M For Sharing Data With Tech Cos.

    A California federal judge granted preliminary approval Tuesday to a settlement of at least $46 million from three Kaiser Permanente entities to resolve claims by 13.1 million patients across the country who say it disclosed their information to Google, Microsoft, Twitter and other third parties without consent.

  • November 25, 2025

    Healthcare Software Founders Sue In Del. For Sale Details

    A couple who sold their healthcare software business to an interest of Elevate RCM Holdings LLC before the buyer allegedly resold it for a reported $1 billion sued for company records in Delaware's Court of Chancery late Monday, seeking documents needed to confirm the deal's fairness.

  • November 24, 2025

    HHS Says It Plans To Resume Sharing Medicaid Info With ICE

    The U.S. Department of Health and Human Services has completed a decision-making process and established a new policy under which the agency will share certain Medicaid information with U.S. Immigration and Customs Enforcement, according to a notice published in the Federal Register on Monday.

  • November 24, 2025

    DOJ Demand For Pa. Transgender Patient Records Blocked

    A Pennsylvania federal judge partially quashed part of a U.S. Department of Justice subpoena seeking health records for minors receiving gender-affirming care at The Children's Hospital of Philadelphia, ruling that the department lacked the statutory authority "for a rambling exploration" of medical files involving state-sanctioned medical care.

  • November 20, 2025

    Where Apple And Masimo's Watch Patent Fight Stands Now

    The high-octane fight between Apple and Masimo over smartwatch patents escalated again last week, when a California federal jury hit Apple with a $634 million infringement verdict and the U.S. International Trade Commission agreed to assess whether its redesigned products infringe Masimo's patents.

  • November 19, 2025

    DaVita Reaches Tentative Deal In Patients' Data Breach Suit

    DaVita Inc. has reached a settlement in principle with current and former patients of the healthcare company who alleged in Colorado federal court that it did not adequately protect their personal information, resulting in an April data breach.

  • November 19, 2025

    Whoop Blood Pressure Tracker Hit With False Ad Suit

    A consumer on Tuesday hit health and wellness wearable tech company Whoop Inc. with a proposed class action in California federal court alleging that its boasting of the blood pressure features of its fitness tracker duped consumers and prompted a warning from health regulators.

  • November 18, 2025

    Doctors, Lawmakers Fight Downcoding, Citing Patient Harm

    Healthcare providers are sounding the alarm on automated downcoding, an aggressive cost-saving strategy by health insurers. While health plans say downward coding combats improper upcoding, the issue has the attention of state lawmakers and triggered a lawsuit against UnitedHealthcare.

  • November 17, 2025

    Telehealth Co. Hims Sued Over College Student's Suicide

    The family of a Washington State University student who died by suicide have sued telehealth company Hims & Hers Health Inc. in Washington state court, alleging their son was negligently prescribed an antidepressant known to carry a risk of suicide in adolescents despite his history of self-harm.

  • November 17, 2025

    Patients Net $2.55M Deal To End Plasma Co. Data Breach Case

    A group of patients is seeking a final seal of approval from a North Carolina federal judge on their $2.55 million settlement with a plasma collection company accused of failing to safeguard their personal data from hackers in an April 2024 data breach.

  • November 14, 2025

    Apple Hit By $634M Verdict Over Masimo Health Tech Patent

    A California federal jury on Friday awarded Masimo Corp. more than $634 million from Apple Inc. following an eight-day trial, finding that certain Apple Watches infringed one of Masimo's pulse oximetry patents with a feature that warns users if they have an abnormal heart rate. 

  • November 14, 2025

    ITC To Scrutinize Redesigned Apple Watch In Masimo IP Fight

    The U.S. International Trade Commission said Friday that it would review whether redesigned Apple Watches violate a previous order that briefly blocked imports of the devices deemed to infringe a pair of patents owned by Masimo, which urged the ITC to scrutinize the modified products.

  • November 13, 2025

    3rd Circ. Says Quest Didn't Eavesdrop In Data Privacy Suit

    The Third Circuit on Thursday upheld a win for Quest Diagnostics, which beat a class action alleging it inappropriately shared patient data with Meta Platforms through ad tracking software on its website, with the court reasoning that information was not unlawfully collected because it wasn't obtained through eavesdropping.

  • November 10, 2025

    Law360 MVP Awards Go To Top Attorneys From 76 Firms

    The attorneys chosen as Law360's 2025 MVPs have distinguished themselves from their peers by securing significant achievements in high-stakes litigation, complex global matters and record-breaking deals.

  • November 11, 2025

    Patchwork of Pre-Embryo Rulings Challenges Courts

    As a greater number of couples who can't naturally procreate turn to in vitro fertilization, state judges are grappling with an evolving legal landscape as more disputes about pre-embryos make their way to court. 

  • November 07, 2025

    Seattle Pot Shop Slapped With Site Tracking Pixel Privacy Suit

    A Seattle cannabis dispensary has been hit with a proposed class action in Washington federal court by a customer who claims the retailer shared his private information about medical marijuana appointments and pot purchases with Google and other third parties by using online browser tracking tools on its website.

Expert Analysis

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • DOJ's Biopharma Settlement Raises Anti-Kickback Questions

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    In the aftermath of the U.S. Department of Justice's settlement with Ultragenyx over genetic testing programs, it may be prudent to reevaluate genetic tests through the lens of the Anti-Kickback Statute and reconsider whether it is proper for free testing programs to be treated like patient assistance programs, says Mary Kohler at Kohler Health Law.

  • Uncharted Waters Ahead For FCA Litigation In 2024

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    Following a year of significant court decisions, settlements, recoveries and proposed amendments, 2024 promises to be a lively year for False Claims Act actions and litigation, and one that will hopefully provide more clarity as FCA jurisprudence evolves, say attorneys at Crowell & Moring.

  • Healthcare Industry Must Prepare For Greater AI Regulation

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    Healthcare entities that use even basic machine-based systems should pay close attention to a recent executive order and a proposed bill, both of which focus on artificial intelligence safety and security, and signal the government's intent to establish a regulatory framework for AI-enabled technology, says Kristen Petry at Spencer Fane.

  • What To Know About FCA Cybersecurity Enforcement

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    Now is a good time for practitioners, government contractors and potential relators to review recent developments in cybersecurity-related False Claims Act enforcement, and consider best practices for navigating this space in the new year, say Ellen London at London & Stout, and Li Yu and Molly Knobler at DiCello Levitt.

  • Digging Into The Debate On FDA's Proposed Lab Test Rule

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    A proposed 10-word amendment from the U.S. Food and Drug Administration represents a sea change in device regulation as it would summarily end decades of FDA enforcement discretion for laboratory developed tests, and the public comments offer some insight into the future of this long-running saga, say attorneys at Mintz.

  • AI Executive Order's Life Science, Healthcare Industry Effects

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    The recent White House executive order to manage risks associated with artificial intelligence includes provisions specific to healthcare and life sciences that merit special attention, including transparency, human oversight of AI output, and real world performance monitoring, say attorneys at Ropes & Gray.

  • 5 Most Notable Class Action Standing Cases Of 2023

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    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

  • How SEC And NY Cyber Reporting Rules Affect Key Industries

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    The new U.S. Securities and Exchange Commission and New York State Department of Financial Services cybersecurity disclosure requirements, and their competing obligations, reveal the increasing complexity for organizations evaluating and reacting to cybersecurity incidents — particularly those in the healthcare and financial services industries, say attorneys at Manatt.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • 5 Steps For Healthcare Companies After Biden's AI Order

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    Rather than simply monitoring for the issuance of agency guidelines on artificial intelligence in the wake of President Joe Biden's October executive order, health and life sciences companies should take action now and begin building internal operational and technical infrastructures designed to govern the use of AI, says Joy Sharp at Faegre Drinker.

  • The Basics Of Law Firm Cyber Liability Insurance Applications

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    Cyber liability insurance has become a common consideration for law firms as cyber threats have escalated, but these insurance forms can be quite complicated given the nature of the industry and associated risks, so simply filling out the form won't necessarily result in an ideal policy for your firm, says Kevin Haight at WAMS.

  • AI Brings New Insurance Concerns For Healthcare Providers

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    As the healthcare industry increasingly invests in medical artificial intelligence tools, it confronts a variety of liability risks that necessitate careful consideration and potential recalibration of providers' insurance programs, say Marialuisa Gallozzi and Megan Mumford Myers at Covington.