Policy & Compliance
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December 17, 2025
Lighting Co. Strikes Deal In 401(k) Forfeiture, Tobacco Fee Suit
An automotive lighting company told an Illinois federal court Wednesday that it has settled an ex-worker's proposed class action claiming the business mismanaged forfeited 401(k) funds and failed to inform workers who used tobacco how to avoid paying an extra health plan fee.
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December 17, 2025
Braidwood Asks For Judgment In ACA Preventive Care Fight
Christian-owned, for-profit management company Braidwood Management Inc. asked a Texas federal judge Tuesday to end its challenge to an Affordable Care Act provision that requires coverage of lung cancer screenings and preexposure prophylaxis for HIV/AIDS, citing a U.S. Supreme Court finding upholding the provision.
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December 17, 2025
Doctors Not Harmed By CDC's Vaccine Guidance, Feds Say
The federal government argued Wednesday that doctors lack standing to challenge the overhaul of a key federal vaccine committee that has since downgraded the COVID-19 shot, saying healthcare providers haven't been harmed by the policy shifts.
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December 16, 2025
Ex-NIAID Director Claims Retaliation in Trump Admin Suit
The former director of the National Institute of Allergy and Infectious Diseases filed suit in Maryland federal court on Tuesday alleging Trump administration appointees violated her constitutional rights by illegally terminating her employment and that she cannot expect her claims to be fairly heard by the "undermined" U.S. Office of Special Counsel.
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December 16, 2025
DOD To Reevaluate Discharges Over COVID Vax Refusal
The U.S. Department of Defense said on Tuesday that Secretary of Defense Pete Hegseth ordered a reevaluation of the discharge status of service members who were involuntarily removed from the military after they refused to receive the COVID-19 vaccine.
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December 16, 2025
Vax Skeptics Cite High Court In New Challenge To NY Mandate
A vaccine skepticism advocacy group once tied to Secretary of Health and Human Services Robert F. Kennedy Jr. is revamping its fight against New York's school vaccination mandate, arguing recent activity by the U.S. Supreme Court necessitates a fresh analysis.
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December 16, 2025
Qui Tam Challenge At 11th Circuit: 4 Takeaways
An appellate panel weighed the constitutionality of the False Claim Act's whistleblower mechanism. Law360 Healthcare Authority has what you need to know about the closely watched hearing.
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December 16, 2025
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.
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December 16, 2025
Ex-Harvard Morgue Manager Gets 8 Years In Body Parts Case
Former Harvard Medical School morgue manager Cedric Lodge was sentenced Tuesday in Pennsylvania federal court to eight years in prison after pleading guilty earlier this year to trafficking body parts from donated cadavers.
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December 16, 2025
Hospital Owners Sue HHS Over Medicare Payment Rule
Allina Health System and other nonprofit hospital owners have sued the U.S. Department of Health and Human Services, telling a D.C. federal judge it unlawfully enacted a rule that will cause safety-net hospitals to lose out on billions of dollars of Medicare payments.
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December 16, 2025
FCA In 2025: Trump, A Qui Tam Clash And Whopping Penalties
From a 10-figure verdict to shifting Justice Department enforcement priorities, Law360 looks at the major FCA developments of the year.
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December 15, 2025
States Fight Sandoz Bid To Argue Duplication In Generics Row
Multiple attorneys general have told a Connecticut federal court that Sandoz Inc. and Fougera Pharmaceuticals Inc. can't claim the states' grievances over allegations of price fixing are duplicative of claims that were already settled, since there are some claims and forms of relief that only state plaintiffs can seek.
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December 15, 2025
DOJ Raises Accreditation Concerns In Vet School Case
The U.S. Department of Justice waded into a Tennessee veterinary school's antitrust case challenging the American Veterinary Medical Association's accreditation requirements, raising concerns about the risk posed by professional groups that play gatekeeping functions.
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December 15, 2025
NC Panel Says State's Hospital Law Is Constitutional
North Carolina's "certificate of need" law hasn't created a monopoly nor has it restricted an eye surgeon's right to earn a living, a state court panel ruled Friday, ending for now the surgeon's yearslong suit arguing the law is facially unconstitutional.
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December 15, 2025
Formula Suits An 'Undue Burden' On Cook County, Panel Says
An Illinois appellate court Friday agreed with Abbott Laboratories that 23 lawsuits alleging the company failed to warn of important risks associated with infant formulas and caused premature babies to develop necrotizing enterocolitis should not have been filed in Cook County, where the infants at the center of those cases were not born and have never lived.
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December 15, 2025
Connecticut 'Likely' To Settle Generic Drug Price Cap Dispute
A pharmaceutical industry trade group and the state of Connecticut have signaled their intent to settle a feud over the interpretation of the state's generic drug price cap law, and a federal judge gave them until Monday to say more about their plan.
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December 15, 2025
Yale Hospital Hit With $32M Baby Formula Death Verdict
A Connecticut judge has hit Yale University and Yale New Haven Hospital with a nearly $32 million verdict over the death of a premature baby, finding doctors failed to obtain either informed consent, or any consent, before feeding the infant a diet fortified by a product produced from cow's milk.
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December 15, 2025
Feds Deny Breaking Plea Deal With Ex-Morgue Manager
Prosecutors told a Pennsylvania federal judge Monday that they did not breach a plea deal between the government and Cedric Lodge by seeking a harsh sentence for the former head of Harvard University's morgue who admitted to theft and trafficking of human remains, claiming that Lodge's arguments to the contrary amounted to buyer's remorse.
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December 15, 2025
High Court Won't Review Doctor 'Upcoding' Acquittal Decision
The U.S. Supreme Court said Monday that it won't review a decision allowing a retrial of a Maryland doctor who was initially found guilty of a COVID-19 testing scheme but then secured an acquittal.
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December 12, 2025
Ore. Justices Rule Docs Can Be Liable For Nonpatient Deaths
Oregon's highest court ruled that medical professionals can be held liable if their negligence results in a nonpatient's death, settling a split between a trial and appeals court in a case over a cyclist struck and killed by a driver under the influence of prescription drugs.
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December 12, 2025
Court Nixes NY Nursing Home's Win In COVID Immunity Suit
It was premature for a trial court to find that a liability statute protected a Bronx-based nursing home from a suit over a patient's death, a New York appellate court ruled Thursday, concluding further fact inquiry is needed in the case.
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December 12, 2025
Sherwin-Williams Flicks Tobacco Fee Suit To Arbitration
An Ohio federal judge refused Friday to toss a proposed class action from two Sherwin-Williams ex-workers who alleged an employee health plan tobacco surcharge violated nondiscrimination provisions in federal benefits law, finding while one claim could proceed in court, the dispute should first head to arbitration.
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December 12, 2025
11th Circ. Scrutinizes Qui Tam History In FCA Challenge
The Eleventh Circuit Friday weighed both the history of whistleblower laws going back to the nation's founding and recent U.S. Supreme Court commentary on qui tam litigation in a closely watched challenge to the False Claims Act.
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December 11, 2025
Trial Record Backs Gender-Affirming Care, Ohio Justices Told
A group of transgender youths and their families urged Ohio's highest court to affirm their win overturning state restrictions on gender-affirming care, arguing undisputed evidence at trial backed their arguments on the safety and effectiveness of the treatment.
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December 11, 2025
6th Circ. Panel Shows No Leanings On PBM Jurisdiction Fight
A Sixth Circuit appeals panel gave few hints Thursday on whether it would send back to state court a lawsuit from Ohio alleging that pharmacy benefit managers were driving up prescription prices through rebate schemes.
Expert Analysis
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What Parity Rule Freeze Means For Plan Sponsors
In light of a District of Columbia federal court’s recent decision to stay litigation challenging a Mental Health Parity and Addiction Equity Act final rule, as well as federal agencies' subsequent decision to hold off on enforcement, attorneys at Morgan Lewis discuss the statute’s evolution and what plan sponsors and participants can expect going forward.
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CMS Guidance May Complicate Drug Pricing, Trigger Lawsuits
Recent draft guidance from the Centers for Medicare & Medicaid Services proposes to expand the scope of what counts as the same qualifying single-source drug, which would significantly alter the timeline for modified drugs facing price controls and would likely draw legal challenges from innovator drug companies, say attorneys at Debevoise.
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3 Takeaways From Recent Cyberattacks On Healthcare Cos.
For the healthcare industry, the upward trend in styles of cyberattacks, costs, and entities targeted highlights the critical importance of proactive planning to help withstand the operational, legal and reputational turmoil that can follow a data breach, say attorneys at Troutman Pepper.
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Most-Favored Nation Drug Pricing Could Shake Up US Pharma
Recent moves from the executive and legislative branches represent a serious attempt to revive and refine the first Trump administration's most-favored-nations model for drug pricing, though implementation could bring unintended consequences for pharmaceutical manufacturers and will likely draw significant legal opposition, say attorneys at Morgan Lewis.
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How Focus On Menopause Care Is Fueling Innovation, Access
Recent legislative developments concerning the growing field of menopause care are creating opportunities for increased investment and innovation in the space as they increase access to education and coverage, say attorneys at Kirkland.
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FDA Commissioner Speech Suggests New Vision For Agency
In his first public remarks as U.S. Food and Drug Administration commissioner, Marty Makary outlined an ambitious framework for change centered around cultural restoration, scientific integrity, regulatory flexibility and selective modernization, and substantial enforcement shifts for the food and tobacco sectors, say attorneys at Arnall Golden.
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Customs Fraud Enforcement In The Age Of Tariffs
In the wake of the Trump administration’s new approach toward tariffs, two recent Justice Department developments demonstrate aggressive customs fraud enforcement, with the DOJ emphasizing competitive harm to American businesses, and signaling that investigations will likely involve both civil and criminal enforcement tools, say attorneys at Bernstein Litowitz and London & Naor.
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Legal Risks For Providers Discussing Psychedelic Therapies
The emergence of psychedelic therapies as potential treatments for mental health conditions and other ailments continues to garner significant attention, but the legal landscape surrounding discussions and referrals remains fraught with complexity, creating potential risks for healthcare providers and institutions, says Kimberly Chew at Husch Blackwell.
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How NY's FAIR Act Mirrors CFPB State Recommendations
New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.
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A Breakdown Of Trump's Order On Drug Pricing
The Trump administration may attempt to effectuate through rulemaking a recently issued executive order on lowering drug prices, which would likely have an adverse effect on stakeholders and trigger litigation, say attorneys at Debevoise.
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Takeaways From DOJ's 1st Wage-Fixing Jury Conviction
U.S. v. Lopez marked the U.S. Department of Justice's first labor market conviction at trial as a Nevada federal jury found a home healthcare staffing executive guilty of wage-fixing and wire fraud, signaling that improper agreements risk facing successful criminal prosecution, say attorneys at McGuireWoods.
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Deregulation Memo Presents Risks, Opportunities For Cos.
A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.
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The IRS Shouldn't Go To War Over Harvard's Tax Exemption
If the Internal Revenue Service revokes Harvard's tax-exempt status for violating established public policy — a position unsupported by currently available information — the precedent set by surviving the inevitable court challenge could undercut the autonomy and distinctiveness of the charitable sector, says Johnny Rex Buckles at Houston Law Center.