Policy & Compliance

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • January 14, 2026

    Pharmacy Wields Antitrust Law In Challenge To GLP-1 Giants

    Eli Lilly & Co. and Novo Nordisk are using their dominant positions in the market for weight loss and diabetes medications to squash potential competitors, including through unlawful exclusivity agreements with telehealth providers, a compounding pharmacy alleged Wednesday in what it calls a landmark antitrust lawsuit.

  • January 14, 2026

    6th Circ. Skips Rethink, But Still Spars Over Indirect Buyer Bar

    A decision by the full Sixth Circuit not to rehear a lawsuit over an alleged allergy testing and treatment provider boycott has turned into an internal dustup about the limits of who can seek damages under federal antitrust law, with one judge calling for U.S. Supreme Court intervention.

  • January 14, 2026

    NJ Judge Orders Mediation In Merck-Cencora Indemnity Fight

    Cencora Inc. can't derail a Merck third-party complaint arguing a prior settlement between the parties requires the drug wholesaler to indemnify Merck in antitrust litigation by Humana, a New Jersey federal court ruled Wednesday, ordering the parties to go to mediation over the dispute.

  • January 14, 2026

    Vizient Beats Spurned Medical Tape Supplier At 5th Circ.

    A Fifth Circuit panel refused to revive an antitrust suit accusing medical supplies group purchasing giant Vizient of locking in hospital customers, agreeing with a district court that a spurned would-be supplier failed at the threshold question of showing a market in which Vizient could be dominant.

Expert Analysis

  • How Providers Can Brace For Drug Pricing Policy Changes

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    Though it's uncertain which provisions of the Trump administration's executive order aimed at addressing prescription drug costs will eventually be implemented, stakeholders can reduce potential negative outcomes by understanding pathways that could be used to effectuate the order's directives, say attorneys at McDermott.

  • Debunking 4 Misconceptions Around Texas' IV Therapy Law

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    Despite industry confusion, an IV therapy law enacted in Texas last week may actually be the most business-friendly regulatory development the medical spa industry has seen in recent years, says Keith Lefkowitz at Hendershot Cowart.

  • Legacy Of 3 Justices Should Guide Transgender Rights Ruling

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    Three Republican-appointed U.S. Supreme Court justices — Anthony Kennedy, Sandra Day O'Connor and David Souter — gave rise to a jurisprudence of personal liberty that courts today invoke to protect gender-affirming care, and with the court now poised to decide U.S. v. Skrmetti, it must follow the path that they set, says Greg Fosheim at McDermott.

  • Recent Reports Shed Light On Section 340B's Effectiveness

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    Recent analyses of the Section 340B program's effectiveness in helping patients afford drugs in Minnesota reinforce concerns about the program's lack of transparency and underscore the need for further evaluation of whether legislative reform should be enacted, say William A. Sarraille at the University of Maryland, and Andrée-Anne Fournier and Molly Frean at Analysis Group.

  • What Parity Rule Freeze Means For Plan Sponsors

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    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.

  • CMS Guidance May Complicate Drug Pricing, Trigger Lawsuits

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    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.

  • 3 Takeaways From Recent Cyberattacks On Healthcare Cos.

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    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.

  • Most-Favored Nation Drug Pricing Could Shake Up US Pharma

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    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.

  • How Focus On Menopause Care Is Fueling Innovation, Access

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    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.

  • FDA Commissioner Speech Suggests New Vision For Agency

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    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.

  • Customs Fraud Enforcement In The Age Of Tariffs

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    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.

  • Legal Risks For Providers Discussing Psychedelic Therapies

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    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.

  • How NY's FAIR Act Mirrors CFPB State Recommendations

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    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.