Policy & Compliance
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February 06, 2026
HHS Ends 340B Drug Rebate Pilot After Legal Challenge
The U.S. Department of Health and Human Services has ended a proposed rebate program that would have altered how hospitals receive payments for participating in the federal 340B drug discount program, which provides discounted prescription drugs for low-income Americans, after facing a lawsuit from a major hospital association.
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February 05, 2026
TikTok Urges NC Justices To Toss State's Addictive App Suit
The North Carolina attorney general can't haul California-based TikTok Inc. and its now-minority Chinese owner ByteDance Inc. into state court to hash out addictive app and deceptive marketing claims solely because the online platform can be accessed in the Tar Heel State, the companies have told North Carolina's highest court.
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February 05, 2026
Trump Admin Asks 4th Circ. To Unfreeze ACA Rule Changes
The Trump administration is urging the Fourth Circuit to let it plow ahead with two changes to Affordable Care Act regulations that a Maryland federal judge froze in August, arguing the rule changes are within the U.S. Department of Health and Human Services' power to enact.
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February 05, 2026
Website Wiretapping Claims Trimmed From Cigna Suit
A Pennsylvania federal judge has trimmed most of a proposed class action over Cigna's alleged third-party sharing of customers' private health information on its website and patient portals, finding that while the customers had standing, they had consented to a privacy policy that disclosed the data collection and sharing.
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February 04, 2026
'Careless Or Disingenuous': Judge Rips CareFirst Rethink Bid
A Virginia federal judge Wednesday refused to reconsider an order reversing course and throwing out key claims in CareFirst's suit against Johnson & Johnson over the immunosuppressive drug Stelara, calling CareFirst's arguments for doing so "either careless or disingenuous."
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February 04, 2026
Hartford HealthCare Must Provide Docs On $86M Takeovers
Hartford HealthCare Corp. must hand over internal documents detailing its $86.1 million acquisitions of two hospitals from bankrupt Prospect Medical to a group of plaintiffs who accuse the health system of trying to create a monopoly for inpatient hospital services, a Connecticut state court judge has ruled.
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February 04, 2026
Teva Fights Class Cert. Bid In Effexor Antitrust Case
Teva Pharmaceuticals urged a New Jersey federal judge Wednesday to reject a class certification bid by a group of direct buyers of the antidepressant drug Effexor XR and its generic versions, arguing that the proposed class failed to carry its burden showing that joinder is impracticable.
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February 04, 2026
Catholic Health System Escapes Tobacco Fee Suit In Missouri
Ascension Health Alliance escaped a former employee's proposed class action alleging a fee on tobacco-using workers' health plans violated federal benefits law, after a Missouri federal judge held the private Catholic healthcare system wasn't required to retroactively reimburse surcharges for workers who completed a tobacco cessation program.
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February 04, 2026
Drugmaker Claims Stake In La. Mail-Order Abortion Meds Row
An abortion medication manufacturer asserted its right Wednesday to defend mifepristone, moving to intervene in a federal lawsuit over mail-order abortion medication brought by Louisiana alleging that regulators violated federal law by removing an in-person dispensing requirement for the drug.
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February 03, 2026
NC County Faces Suit For Obstructing State Housing Benefit
A North Carolina county misapplied state law and violated the state's constitution in retroactively deeming adult care home residents ineligible for state benefits based on a county commissioner's former ownership of those homes, according to a lawsuit filed Monday in North Carolina federal court.
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February 03, 2026
4 Things To Know As DOL Pitches Transparency For PBMs
The U.S. Department of Labor's proposal to require pharmacy benefit managers to give employer-provided health plans detailed information on fees and compensation is a welcome development, benefits attorneys on both sides of the bar say. Here, Law360 looks at four things to know about the proposed regulations.
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February 03, 2026
Masimo Investors' $34M Deal In Revenue Suit Gets Initial OK
Masimo Corp. and its investors have received initial approval of a $33.8 million deal to settle claims that the medical and audio device company based its sales and revenue projections on unrealistic expectations for demand.
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February 03, 2026
Seeking Rural Health Funds, States Mull Limiting Their Powers
A $50 billion federal fund for rural healthcare providers is prompting some policymakers to rethink laws requiring medical facilities to get state approval for new or expanded facilities.
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February 03, 2026
Abortion Access Org. Launches With Challenge To Ark. Ban
A newly formed abortion-rights legal group filed a constitutional challenge to anti-abortion laws in Arkansas. Law360 Healthcare Authority speaks with Molly Duane, Amplify Legal's litigation director, and takes a look at the case.
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February 03, 2026
JAMS Adds Frost Brown Atty With Healthcare, Tech Chops
Alternative dispute resolution provider JAMS has brought on a Frost Brown Todd LLP partner in its Atlanta office, strengthening its panel with an attorney experienced in regulated industries like healthcare.
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February 03, 2026
Royer Cooper Launches NJ Office, Healthcare Practice
The Philadelphia area-based Royer Cooper Cohen Braunfeld LLC has announced the opening of an office in New Jersey and the launch of a healthcare practice group with the hiring of two attorneys from Capehart Scatchard PA.
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February 03, 2026
Legal Risks Complicate Drugmakers' TrumpRx Participation
Federal watchdog guidance on the soon-to-be-launched TrumpRx website has assuaged some, but not all, concerns about anti-kickback compliance and other legal risks facing drugmakers.
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February 03, 2026
Alston & Bird Adds Healthcare Regulatory Pro From Goodwin
Alston & Bird LLP has added a healthcare regulatory attorney previously with Goodwin Procter LLP as a partner in Chicago, the firm announced Tuesday.
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February 02, 2026
Swedish Health Nears Deal In Hospital Workers Wage Row
Seattle-area hospital system Swedish Health Services and the workers who were seeking about $126 million from it told a Washington state court that they agreed to settle a suit claiming meal break violations and rounding practices that led to unpaid wages.
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February 02, 2026
1st Circ. Judge Wary Of Boston Bid To Revive PBM Opioid Suit
The city of Boston faced pushback from a First Circuit judge on Monday as it argued it didn't miss its window to sue pharmacy benefit managers for their alleged role in the opioid epidemic.
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February 02, 2026
Bausch, Lannett To Pay $17.9M In Drug Price-Fixing Deal
Lannett Company Inc., Bausch Health US LLC and Bausch Health America Inc. will pay $17.85 million to settle allegations by 48 states and territories that they conspired to fix prices for generic drugs, according to a motion filed Monday seeking preliminary approval of the deal.
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February 02, 2026
Amazon Shoppers' Counsel Admit To AI Errors In Motion
Lawyers representing Amazon customers in a proposed class action over supplement labeling have apologized to a Seattle federal judge for artificial intelligence hallucinations included in a recent filing, acknowledging "certain miscitations and misquotations" resulted from a Just Food Law PLLC attorney's use of the nascent technology and a failure by Boies Schiller Flexner LLP co-counsel to catch the errors.
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January 30, 2026
3rd Circ. Preview: Privacy Issues Top Feb. Argument Lineup
Issues involving privacy feature prominently on the Third Circuit's February oral argument schedule, with panels set to hear a dispute regarding an optometry business's duty to protect private data belonging to third-party customers, and a case over whether the city of Philadelphia can be sued by a mother after a police officer shared images of her son's death from the scene where he committed suicide.
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January 30, 2026
Sentara Health Can't Escape Suit Over Stable Value Fund
A Virginia federal judge said Friday that Sentara Health can't dodge a suit claiming it failed to kick an underperforming investment fund from its retirement plan, ruling the healthcare system hasn't shown it assessed the fund with the proper due diligence to beat the case.
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January 30, 2026
Planned Parenthood Drops Medicaid Fight After 1st Circ. Loss
Planned Parenthood abandoned a legal challenge to a ban on Medicaid reimbursements for its clinics Friday, following a loss at the First Circuit, which upheld the ban in December.
Record FCA Haul Sends 'Loud' Message On Federal Priorities
Aggressive enforcement by President Donald Trump's administration and the qui tam bar's success prosecuting fraud even without government intervention helped fuel the explosion in recoveries under the False Claims Act last year, experts say.
Blip Or Trend? FDA Guidance Fell Off Steeply In 2025
The U.S. Food and Drug Administration issued far less industry guidance last year after President Donald Trump returned to office. The change has pharmaceutical attorneys bracing for more unpredictability.
The Future of The 340B Rebate Pilot
A federal judge halted a new 340B pilot program, handing a win for safety net healthcare providers. Healthcare attorneys say it's too early for providers to celebrate.
Expert Analysis
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Utah's AI Prescription Renewal Pilot Could Inform Policy
Utah recently became the first state to approve an artificial intelligence system for autonomously renewing certain prescription medicines, providing a test case for how regulators may be able to draw boundaries between administrative automation and medical judgment, say Jashaswi Ghosh at Holon Law Partners and Bryant Godfrey at Foley Hoag.
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Ramped Up Psychedelic Production Carries Opportunity, Risk
Kimberly Chew at Husch Blackwell discusses the key legal implications of the U.S. Drug Enforcement Administration's recent dramatic increases in the production quotas for a range of psychedelic substances, offering guidance on compliance, risk management and strategic opportunities for practitioners navigating this rapidly evolving landscape.
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New Biotech Nat'l Security Controls May Have Blunted Impact
While the newly enacted federal prohibition against contracting with certain biotechnology providers associated with countries of concern may have consequences on U.S. companies' ability to develop drugs, the restrictions may prove to be less problematic for the industry than the significant publicity around their passage would suggest, say attorneys at Wilson Sonsini.
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Takeaways From The DOJ Fraud Section's 2025 Year In Review
Former acting Principal Deputy Chief Sean Tonolli of the U.S. Department of Justice's Fraud Section, now at Cahill Gordon, analyzes key findings from the section’s annual report — including the changes implemented to adapt to the new administration’s priorities — and lays out what to watch for this year.
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Traditional FCA Enforcement Surges Amid Shifting Priorities
The U.S. Department of Justice’s January report on False Claims Act enforcement in fiscal year 2025 reveals that while the administration signaled its intent to expand FCA enforcement into new areas such as tariffs, for now the greatest exposure remains in traditional areas like healthcare — in which the risk is growing, say attorneys at Debevoise.
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3 Key Ohio Financial Services Developments From 2025
Ohio's banking and financial services sector saw particularly notable developments in 2025, including a significant Ohio Supreme Court decision on creditor disclosure duties to guarantors in Huntington National Bank v. Schneider, and some major proposed changes to the state's Homebuyer Plus program, says Alex Durst at Durst Kerridge.
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Rescheduling Cannabis Marks New Tax Era For Operators
As the attorney general takes steps to move cannabis from Schedule I to Schedule III of the Controlled Substances Act, operators and advisers should prepare by considering the significant changes this will bring from tax, state, industry and market perspectives, says Michael Harlow at CohnReznick.
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Justices' Med Mal Ruling May Spur Huge Shift For Litigators
The U.S. Supreme Court’s recent decision in the medical malpractice suit Berk v. Choy, holding that a Florida procedural requirement does not apply to medical malpractice claims filed in federal court, is likely to encourage eligible parties to file claims in federal court, speed the adjudicatory process and create both opportunities and challenges for litigators, says Thomas Kroeger at Colson Hicks.
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5 Drug Pricing Policy Developments To Watch In 2026
2026 may prove to be a critical year for drug pricing in the U.S., with potential major shifts including several legislative initiatives moving forward after being in the works for years, and more experimentation on the horizon concerning GLP-1s and Section 340B pricing, say attorneys at Manatt.
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Regulatory Uncertainty Ahead For Organ Transplant System
Pending court cases against a Centers for Medicare and Medicaid Services final rule that introduced a competition-centric model for assessing organ procurement organizations' performance will significantly influence the path forward for such organizations and transplant hospitals, say attorneys at Crowell & Moring.
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Key False Claims Act Trends From The Last Year
The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.
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It's Too Soon To Remove Suicide Warnings From GLP-1 Drugs
The U.S. Food and Drug Administration's decision this month to order removal of warnings about the risk of suicidal thoughts from GLP-1 weight-loss drugs is premature — and from a safety and legal standpoint, the downside of acting too soon could be profound, says Sean Domnick at Rafferty Domnick.
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What To Know About DOL's New FLSA, FMLA Opinion Letters
The U.S. Department of Labor kicked off 2026 by releasing several opinion letters addressing employee classification, incentive bonuses and intermittent leave, reminding employers that common practices can create significant risk if they are handled inconsistently or without careful documentation, say attorneys at Woods Rogers.