Policy & Compliance
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January 21, 2026
CVS, UnitedHealth, Express Scripts Duck PBM Antitrust Suit
A Missouri federal judge has thrown out a proposed class action accusing the country's three largest pharmacy benefit managers — owned by CVS, UnitedHealth Group and Cigna Group — of inflating prescription costs through their rebating practices.
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January 21, 2026
Midwives Challenge Miss. Practice Limits In Antitrust Suit
The American College of Nurse-Midwives launched a suit seeking to permanently block Mississippi rules requiring certified nurse-midwives to obtain collaboration agreements with physicians, arguing the rules unlawfully restrict competition and exacerbate public health challenges in the state.
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January 21, 2026
BCBS Says Bankrupt Hospital Can't Leave $3B Antitrust Deal
Blue Cross Blue Shield is opposing a bankrupt Alabama hospital's bid to opt out of a $2.8 billion antitrust class action settlement to pursue its own claims in bankruptcy court, arguing the hospital has no excuse for missing the deadline.
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January 21, 2026
Feds Say Medicare Steering Case Meets FCA Legal Bar
The government said Wednesday that its False Claims Act complaint accusing insurers and brokers of participating in a kickback scheme to steer customers to Medicare Advantage plans doesn't conflict with a First Circuit decision last year setting out the standard for such cases.
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January 21, 2026
Whole Foods Can't Escape Workers' Tobacco Fee Suit
A Texas federal judge refused to toss a proposed class action against Whole Foods from employee health plan participants who challenged a surcharge on workers who used tobacco, ruling allegations should proceed to discovery that the fees violated multiple provisions of federal benefits law.
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January 20, 2026
Childhood Vax Recs, 'Skinny Label' Case And More In Court
Law360 Healthcare Authority looks at a challenge by the American Academy of Pediatrics to recent changes in federal childhood vaccine recommendations, a patent case set for U.S. Supreme Court review concerning "skinny labels" on generic drugs and other significant litigation developments impacting the healthcare industry this week.
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January 20, 2026
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 48 Practice Group of the Year awards among them, achieving milestones such as high-profile litigation wins at the U.S. Supreme Court and 11-figure merger deals.
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January 20, 2026
NC Doctor Cites 6th Circ. In Bid For New Medicare Fraud Trial
A North Carolina doctor who was convicted of participating in an $11 million Medicare fraud has asked a federal court for a new trial, pointing to a recent Sixth Circuit decision that overturned the conviction of another doctor involved in the same scheme.
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January 20, 2026
NY Judge Orders SD To Pause Action Against Abortion Ads
A New York federal judge has temporarily barred South Dakota officials from taking action against an abortion rights group that launched an advertising campaign in the state promoting its website, which explains how to order abortion medication online.
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January 20, 2026
'Battery' Led To $32M Yale Hospital Verdict, Parents Say
A Connecticut mother and father have urged a state superior court judge not to rethink a $32 million bench trial verdict against Yale University and its affiliated Yale New Haven Hospital surrounding the death of a premature baby fed a diet fortified with a cow's milk product.
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January 20, 2026
NJ Sues Nursing Home Owners Over Missing Medicaid Funds
The New Jersey Office of the State Comptroller has demanded the owners of two Garden State nursing homes repay millions in Medicaid funds the office recently found they diverted to themselves while neglecting their facilities' residents, according to a complaint filed Monday.
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January 20, 2026
California Insurance Mandates Equal Access To IVF
California became the nation's most populous state to mandate in vitro fertilization coverage for large group insurance plans. Health advocates say the new law's inclusive definition of "infertility" ensures greater access.
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January 20, 2026
Justices Say State Med Mal Laws Don't Apply In Federal Court
The U.S. Supreme Court on Tuesday ruled that a Delaware medical malpractice statute clashes with federal rules of procedure and is therefore unenforceable in federal court, saying the state law unfairly asks for evidence early on in a case.
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January 20, 2026
Justices Ax 6th Circ. Abortion Order Amid Loper Bright Outcry
The U.S. Supreme Court on Tuesday erased a Sixth Circuit decision allowing abortion-related conditions on family planning grants, a victory for Tennessee officials who accused the circuit of flouting the high court's landmark rejection of judicial deference to regulators.
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January 16, 2026
Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2025, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.
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January 16, 2026
SEC Fines Biopharma Co. Execs Over Hidden FDA Findings
Former executives of Spero Therapeutics will pay over $187,000 to settle the U.S. Securities and Exchange Commission's claims they downplayed the likelihood that the U.S. Food and Drug Administration would reject the biopharmaceutical company's new drug application in 2022, the commission said on Friday.
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January 16, 2026
Planned Parenthood Can Challenge Heartbeat Act, Court Says
A Texas appeals court on Friday found that Planned Parenthood has standing to challenge the state law that empowers ordinary citizens to prosecute abortion providers, saying Planned Parenthood has done enough to launch a pre-enforcement challenge to the law.
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January 16, 2026
Oversight Head Seeks Help From CMS On NY Medicaid Inquiry
House Oversight and Government Reform Committee Chair James Comer, R-Ky., asked the Centers for Medicare & Medicaid Services on Friday to aid the committee's investigation into whether New York has wrongfully withheld funds for hospitals disproportionately serving Medicaid recipients and uninsured people.
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January 16, 2026
La. State Court Greenlights Challenge To Gender Care Ban
A Louisiana state judge sided with a group of transgender teenagers who argue the state's ban on gender-affirming care for minors is unconstitutional, denying the state's bid to dismiss the case, according to an announcement Friday from the minors' attorneys.
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January 15, 2026
Ex-CEO Of COVID Vax Maker Accused Of Insider Trading
New York Attorney General Letitia James on Thursday sued the former CEO of healthcare contractor Emergent BioSolutions Inc., alleging insider trading amid troubles manufacturing a COVID-19 vaccine, while signing a $900,000 settlement with the company over its approval of an executive trading plan.
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January 15, 2026
5th Circ. Revives Allstate's Fraud Suit Over Car Crash Billing
The Fifth Circuit on Wednesday revived Allstate's racketeering suit alleging doctors and personal injury lawyers unleashed a barrage of unnecessary treatments for car accident patients and caused Allstate to pay $4.7 million in claims, finding the insurer sufficiently pled details about the conspiracy and specifics surrounding each allegedly fake medical billing.
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January 15, 2026
Trump Admin Defies Funding K-12 Mental Health Grants
The Trump administration is fighting an effort by a coalition of U.S. states to preserve at least six months of funding for K-12 mental health grants meant to help students process gun violence, arguing that an earlier court ruling doesn't require the feds to fund the grants.
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January 15, 2026
Colo. Eye Clinics Settle Medicaid Double-Billing Claims
The Colorado attorney general's office announced Thursday that it reached a settlement totaling $520,000 with two eye care clinics that the state claimed were double-billing a Medicaid vision program for more than five years.
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January 15, 2026
NC Attys Can Withdraw From 'Unworkable' Nurses' Pay Row
Two attorneys who said they had "irreconcilable differences" with nurse practitioners who did not meet their contractual financial obligations can withdraw their representation in a minimum wage lawsuit against their employer, a North Carolina federal magistrate judge ruled.
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January 15, 2026
CVS Ducks Antitrust But Not Biz Interference Claim At 5th Circ.
A Fifth Circuit panel has largely sided with CVS Pharmacy and its Caremark affiliate by preserving a district court's dismissal of federal antitrust claims over a Mississippi pharmacy's rejection from participating in the pharmacy benefit manager's network, although the judges did revive state law claims.
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.
Bazelon Center Dir. On Disabilities And Medicaid 'Barriers'
Law360 Healthcare Authority talks to Jennifer Mathis of the Bazelon Center for Mental Health Law about Medicaid, disability law and what states should do to stop people with impairments from being disenrolled improperly.
Expert Analysis
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What Changed For Healthcare Transaction Law In 2025
Though much of the legislation introduced last year to expand state scrutiny of healthcare transactions did not pass, investors should pay close attention to the overarching trends, which are likely to continue in this year's legislative sessions, say attorneys at Ropes & Gray.
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Expect State Noncompete Reforms, FTC Scrutiny In 2026
Employer noncompete practices are facing intensified federal scrutiny and state reforms heading into 2026, with the Federal Trade Commission pivoting to case-by-case enforcement and states continuing to tighten the rules, especially in the healthcare sector, say attorneys at DLA Piper.
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CMS 2027 Proposal Is Mixed Bag For Medicare Advantage
The Centers for Medicare and Medicaid Services' recent proposed rule for the Medicare Advantage and Part D programs gives small organizations reason for optimism, although certain elements may be inconsistent with the Centers' desire to enhance competition, says Christine Clements at Sheppard Mullin.
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3 Key Takeaways From Planned Rescheduling Of Cannabis
An executive order reviving cannabis rescheduling represents a monumental change for the industry and, while the substance will remain illegal at the federal level, introduces several benefits, including improving state-legal cannabis operators' tax treatment, lowering the industry's legal risk profile, and leaving state-regulated markets largely intact, say attorneys at Dentons.
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6 Issues That May Follow The 340B Rebate Pilot Challenge
Though the Health Resources and Services Administration withdrew a pending case to reconsider the controversial 340B rebate pilot program, a number of crucial considerations remain, including the likelihood of a rework and questions about what that rework might look like, say attorneys at Spencer Fane.
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2026 State AI Bills That Could Expand Liability, Insurance Risk
State bills legislating artificial intelligence that are expected to pass in 2026 will reshape the liability landscape for all companies incorporating AI solutions into their business operations, as any novel private rights of action authorized under AI-related statutes signal expanding exposures, say attorneys at Wiley.
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How 11th Circ.'s Zafirov Decision Could Upend Qui Tam Cases
Oral argument before the Eleventh Circuit last month in U.S. ex rel. Zafirov v. Florida Medical Associates suggests that the court may affirm a lower court's opinion that the qui tam provisions of the False Claims Act are unconstitutional — which could wreak havoc on pending and future qui tam cases, say attorneys at Morgan Lewis.
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Key Trends For Life Sciences Cos. To Watch In 2026
Following a year of drastic change at the U.S. Food and Drug Administration, two themes are likely to drive the coming year — a commitment to lowering the cost of drugs and an inherent tension between the priorities of the health agencies and the broader administration, say attorneys at Sheppard Mullin.
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The Next Pressure Point In Digital Health: Informed Consent
Two new federal digital health initiatives will usher in a new era where virtual care, software-enabled devices and home-based monitoring are integrated into care and reimbursement models, with the impact of shifting rules and opportunities felt most immediately in the context of informed consent, says Kimberly Chew at Husch Blackwell.
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4 Trends Shaping Drug And Medical Device Law For 2026
2025 saw some significant legal developments with potential impact for drug and device manufacturers, ranging from growing skepticism in science and regulatory entities to new regulation of artificial intelligence, say attorneys at Faegre Drinker.
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Preparing For Congressional Investigations In A Midterm Year
2026 will be a consequential year for congressional oversight as the upcoming midterm elections may yield bolder investigations and more aggressive state attorneys general coalitions, so companies should consider adopting risk management measures to get ahead of potential changes, say attorneys at Morgan Lewis.
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A Meaningful Shift In FDA's Biosimilarity Analysis
The U.S. Food and Drug Administration's potential pivot away from routinely requiring comparative efficacy studies for interchangeable biosimilar applications would not lower regulatory standards, but instead allow applicants to allocate resources toward establishing more probative evidence, says Theodore Thompson at Stinson.
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Top 5 Antitrust Issues For In-House Counsel To Watch In 2026
With Trump administration enforcement policy having largely taken shape last year, antitrust issues that in-house counsel should have on the radar range from scrutiny of technology-assisted pricing to the return of merger remedies, say attorneys at Squire Patton.