Policy & Compliance

  • March 19, 2025

    Anesthesiology Giant Says Private Antitrust Suit Has No Legs

    U.S. Anesthesia Partners wants out of a proposed class action accusing it of monopolizing the Texas anesthesia market through a private equity-powered "roll-up" strategy, saying the man behind the lawsuit doesn't have standing to sue and has simply "repackaged" FTC allegations.

  • March 19, 2025

    UMass Medical Execs To Face Retaliation Claim In Vax Dispute

    The medical director at UMass Memorial Medical Center has won dismissal of retaliation claims brought by one of the Massachusetts institution's former compliance executives who declined a COVID-19 vaccine, but two other leaders will have to face claims that the ex-executive's firing was tied to her request for work accommodations.

  • March 19, 2025

    Law360 Announces The Members Of Its 2025 Editorial Boards

    Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.

  • March 19, 2025

    Purdue Pharma Files New $7.4B Ch. 11 Plan Settlement

    Bankrupt OxyContin maker Purdue Pharma LP filed a new Chapter 11 plan in a New York bankruptcy court, including a $6.5 billion payment from members of the Sackler family who own the company and $900 million from the debtor, that aims to compensate thousands of creditors for damages from opioid sales.

  • March 18, 2025

    Texas Abortion Charges, HHS Rehirings And FTC Deal Warning

    The Trump administration is seeking an emergency halt of a Maryland federal court order that led the Department of Health and Human Services to delay the terminations of almost 3,000 probationary employees, arguing it has burdened HHS and over a dozen other federal agencies behind the mass firings. Here, Law360 Healthcare Authority looks at these and other significant cases and decisions that shaped the healthcare industry over the last week.

  • March 18, 2025

    HHS Seeks Early Win Over Lilly, Novartis, BMS In Rebate Row

    The U.S. Department of Health and Human Services urged a D.C. federal judge Monday to grant it an early win against behemoth drugmakers' claims that it unlawfully blocked their plans to offer after-the-fact rebates, rather than up-front discounts, to safety-net hospitals via a decades-old federal drug pricing program.

  • March 18, 2025

    Ga. Hospital Failed To Protect Data Of 120K, Patient Says

    A former patient of a southwest Georgia hospital hit the provider with a proposed class action Monday over a data breach last year, alleging that it failed to secure 120,000 customers' personal information before it was filched in a cyberattack.

  • March 18, 2025

    NIH Avoids Contempt In Trans Case Despite Judge's Criticism

    A federal judge said there is no clear evidence that the National Institutes of Health's revoking a Washington hospital's research grant violated her order blocking President Donald Trump's efforts to cut funding for gender-affirming care for young people, but the judge chastised the administration for its "narrow and self-serving view" of what makes up care.

  • March 18, 2025

    Ky. Abortion Ban Carveouts Stir Concerns Over Clarity

    Kentucky lawmakers passed a bill spelling out medical exceptions to the state's strict post-Dobbs abortion ban. The bill, drafted by anti-abortion lawmakers, is stoking concerns that it could lead to more restrictions in emergency situations.

  • March 18, 2025

    Reg Attys Talk FTC Healthcare and Antitrust Under Ferguson

    Regulatory attorneys focused on the healthcare industry aren't expecting huge changes in federal antitrust activity under new leadership at the Federal Trade Commission.

  • March 18, 2025

    Ohio Appeals Court Blocks Trans Care Restrictions

    An Ohio state appeals court on Tuesday ruled that a portion of a state law restricting gender-affirming care for transgender youth was unconstitutional, overturning a county court judge's decision siding with the state. 

  • March 18, 2025

    Elevance Inks $3.3M Deal To End Surgery Claim Denial Suit

    Elevance has agreed to pay $3.3 million to close a suit claiming it denied coverage for a spinal surgery through employee health plans after incorrectly deeming the procedure medically unnecessary, according to a Kentucky federal court filing.

  • March 18, 2025

    Feds Say Wash. Hospital Can't Strike Facts From Fraud Suit

    The government has accused a hospital operator in Washington state of "grasping at straws" by trying to strike inconvenient facts from the court record in a bid to defeat a False Claims Act lawsuit, a tactic prosecutors urged the court to see through and reject.

  • March 18, 2025

    Repeal Of Social Needs Guidance Sows Medicaid Uncertainty

    A Trump administration rollback of guidance on health-related social needs may bode poorly for the future of state-federal pilot programs that provide Medicaid recipients with tools to live healthier, safer lives.

  • March 18, 2025

    States Oppose Term In Sandoz Price-Fixing Deal With Fla.

    State enforcers still locked in price-fixing litigation against generic-drug maker Sandoz are raising objections to a cap on what they could win through settlements in Florida's recent agreement with the company, telling the Connecticut federal judge weighing approval that it would block or delay potential settlements of their own.

  • March 18, 2025

    Indirect Effexor Buyers Seek Approval Of $2.3M Antitrust Deal

    A proposed class of indirect drug purchasers have asked a New Jersey federal judge for his initial sign-off on a $2.25 million deal with Teva Pharmaceuticals to resolve antitrust claims against the company over antidepressant and anxiety disorder treatment Effexor XR.

  • March 18, 2025

    Feds Reject 'Absurd' Defense In Harvard Body Parts Case

    Federal prosecutors in Pennsylvania have blasted an "absurd argument" that a stolen-goods law doesn't criminalize buying and selling body parts stolen from cadavers donated to the Harvard Medical School's morgue.

  • March 18, 2025

    Illinois Asbestos Injury Firm Escapes 'Fraud Playbook' Suit

    A Chicago federal judge on Tuesday tossed a racketeering suit an industrial pipe company brought against a "prolific" Illinois asbestos litigation law firm, finding that the pipe company failed to adequately plead that the law firm formed an "enterprise" with various clients, witnesses, co-counsel and staff.

  • March 18, 2025

    Minn. AG, Mayo Clinic Settle Charity Probe: 3 Things To Know

    The Mayo Clinic will reform its charity care policies after an investigation by Minnesota officials found the hospital system sued its patients over medical debt even though they might have qualified for financial assistance.

  • March 17, 2025

    US Chamber Says FCA Qui Tam Provisions Unconstitutional

    The U.S. Chamber of Commerce on Monday endorsed a legal challenge aimed at bringing down the whistleblower provisions in the False Claims Act, arguing there is a "manifest conflict between the modern FCA's qui tam provisions and Article II's text."

  • March 17, 2025

    Gutting USAID Threatens US Credibility, 22 Ex-Officials Say

    A bipartisan group of former high-ranking national security and defense officials on Monday voiced opposition to the Trump administration's decision to dismantle the U.S. Agency for International Development, saying in an amicus brief filed in D.C. federal court that the shutdown undermines the United States' credibility while allowing China and Russia to build theirs.

  • March 17, 2025

    New Bills Target 'Patent Thickets' And 'Product Hopping'

    A bipartisan group of senators is backing two bills it says will use the patent system to lower the price of prescription drugs, in part by targeting "patent thickets" and making "product hopping" a violation of antitrust laws. 

  • March 17, 2025

    PBMs Hit With Antitrust Suit Over GoodRx Generics Program

    A Denver pharmacy has filed a proposed class action against GoodRx, CVS and other major pharmacy benefit managers in Colorado federal court, alleging they engaged in an illegal price-fixing scheme that artificially suppressed the prices paid to independent pharmacies for reimbursement of generic drug claims.

  • March 17, 2025

    VA To End Medical Care For Gender Dysphoria

    The U.S. Department of Veterans Affairs will stop offering medical treatments for gender dysphoria in order to comply with an executive order by President Donald Trump, the agency announced Monday.

  • March 17, 2025

    Full 7th Circ. Won't Revive Suit Over Late Medicaid Payments

    The full Seventh Circuit has answered the "enormous question" of whether a Chicago hospital can sue the state of Illinois to force the managed-care organizations it contracts with to make timely Medicaid payments, concluding the hospital doesn't have a federal right to prompt payments for fear of turning federal trial courts into "de facto Medicaid claims processors."

Expert Analysis

  • Children's Book Writing Makes Me A Better Lawyer

    Author Photo

    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • The State Of CFPB Focus On Credit Reporting Of Medical Debt

    Author Photo

    An increase in credit reporting complaints and the Consumer Financial Protection Bureau's recent annual report on the Fair Debt Collection Practices Act — which focuses on medical debt in credit reporting — are both evidence of the fact that the bureau will continue to prioritize oversight of credit reporting of medical debt, says Kristen Watson at Burr & Forman.

  • FDA's Recent Litigation Records Are Strong, But Imperfect

    Author Photo

    The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.

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

    Author Photo

    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.

  • Giving The Gov't Drug Patent March-In Authority Is Bad Policy

    Author Photo

    The Biden administration's recent proposal to allow government seizure of certain taxpayer-funded drug patents is a terrible idea that would negate the benefits of government-funded research, to the detriment of patients and the wider economy, says Wayne Winegarden at Pacific Research Institute.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
    Author Photo

    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • When Patients Have Standing For Hospital Antitrust Suits

    Author Photo

    Brown v. Hartford Healthcare Corp., recently decided by a Connecticut state court, provides a useful examination of how antitrust standing issues may be analyzed when patients directly sue a healthcare system for anti-competitive conduct, says Charles Honart at Stevens & Lee.

  • ESG Around The World: Singapore

    Author Photo

    Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.

  • The Pop Culture Docket: Judge D'Emic On Moby Grape

    Author Photo

    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Performing Music Makes Me A Better Lawyer

    Author Photo

    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • 'Patient' Definition Ruling Raises Discount Drug Questions

    Author Photo

    A South Carolina federal court's recent decision in Genesis Health Care v. Becerra supports a broader definition of a "patient" eligible to receive discounted drugs under the Section 340B program, but raises a host of novel questions regarding how the decision will affect covered entities and enforcement actions, say attorneys at McDermott.

  • Breaking Down High Court's New Code Of Conduct

    Author Photo

    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • Legal Profession Gender Parity Requires Equal Parental Leave

    Author Photo

    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.