Policy & Compliance

  • September 30, 2026

    Pharma Co. Says Mass. Plant Hid FDA Sterility Concerns

    A North Carolina pharmaceutical company says in a complaint filed Wednesday in Massachusetts state court that the company it hired to package a drug for clinical trials involving young children intentionally downplayed a U.S. Food and Drug Administration inspection that flagged multiple contamination issues.

  • September 30, 2026

    Relator Must Seek Part Of $4.7B Opioid Deal In State Courts

    A whistleblower must turn to state courts to pursue his bid for a portion of a $4.7 billion settlement between Walgreens Boots Alliance Inc. and a group of states resolving opioid-related claims against the retail pharmacy chain, an Illinois federal judge ruled.

  • September 30, 2026

    Judge Backs CMS' Contested Organ Procurement Metrics

    Federal health officials didn't violate federal law when they implemented a competitive rule that will alter how organ procurers are rated by decertifying low performers, a Florida federal judge ruled, a holding that could bring wide changes to the organ donor network. 

  • September 30, 2026

    Health Co. Wins Initial Toss Of Retirement Forfeiture Suit

    An Oregon federal judge agreed Wednesday to toss a proposed class action alleging a health company misspent forfeitures from two employee retirement plans by putting assets toward employer-side contribution obligations instead of lowering administrative costs, holding that allegations failed to state a claim for violating federal benefits law.

  • September 30, 2026

    Independence Blue Cross Will Pay $22.5M To End FCA Case

    Pennsylvania health insurer Independence Blue Cross has agreed to pay $22.5 million to resolve allegations from the federal government that the company violated the False Claims Act by submitting inaccurate and untruthful diagnosis codes for its Medicare Advantage Plan enrollees, the U.S. attorney's office in Philadelphia said Wednesday.

  • September 29, 2026

    Courts Rule On Bayer Vax IP Row, Lilly Drug Collab And More

    Law360 Healthcare Authority looks at an order allowing Bayer CropScience to pursue patent infringement suits against COVID-19 vaccine makers, a $90 million verdict for Eli Lilly in litigation with a clinical-stage biotech company, and other legal news from the past week.

  • September 29, 2026

    Cancer Patients Can't Get Class Status In Proton Beam Suit

    A Tennessee federal judge shot down a BlueCross BlueShield health plan member's bid for class certification in his suit claiming the insurer wrongfully denied coverage for a proton beam cancer treatment it deemed investigatory, stating the case would require too much individual math to assess each patient's potential damages.

  • September 29, 2026

    DOJ Puts FCA Target On Health Data Security Lapses

    Government contractors that fail to protect personal health information are on the radar of U.S. Department of Justice officials looking to leverage the False Claims Act, attorneys told attendees at a health law conference in Washington, D.C.

  • September 29, 2026

    FCA Bar Debates Impact Of Updated Justice Manual

    The False Claims Act bar is divided on the practical impact of recent updates to a U.S. Department of Justice policy manual. Whatever happens, the healthcare industry is particularly exposed.

  • September 28, 2026

    Calif. Expands Reproductive Care, Abortion Access

    A series of new laws in California aim to expand access to medication abortion on community college campuses, bolster veterans' access to reproductive care including abortions, and make it easier for nursing parents to access lactation support, according to an announcement made Sunday.

  • September 28, 2026

    Illinois BCBS Can't Escape $6.6M Claim Repayment Fight

    Blue Cross Blue Shield of Illinois must face a specialty pharmacy's contract suit claiming the insurer illegally failed to pay out more than $6.6 million in prescription claim reimbursements for medicines the pharmacy provided to three insureds in 2021, an Illinois federal judge ruled Monday.

  • September 28, 2026

    Newsom Signs Slate Of Bills Bolstering LGBTQ+ Protections

    California Gov. Gavin Newsom signed a slate of bills defending against what he called the Trump administration's "all-out assault on the LGBTQ community," strengthening privacy protections, providing support to discharged service members and enhancing access to medical care.

  • September 28, 2026

    Split 7th Circ. Backs Ill. County's Win In COVID Vax Bias Suit

    The Seventh Circuit in a split decision Monday affirmed a summary judgment win for Cook County, Illinois, in a former hospital pharmacist's suit alleging she was unlawfully fired after she refused a COVID-19 vaccine, with the majority holding the county proved a religious exemption would've posed undue hardship and one dissenting judge saying the case should go to a jury.

  • September 28, 2026

    Trump Asks Justices To Restore Fed. Prison Trans Care Ban

    The Trump administration urged the U.S. Supreme Court on Monday to halt a district court order barring the Bureau of Prisons from enforcing a ban on gender dysphoria care for transgender people incarcerated in BOP facilities, arguing the lower court stepped beyond its proper role. 

  • September 28, 2026

    Faith-Based Rehab Program Can't Exit Wage Suit, Court Rules

    A Texas federal court allowed a man who was ordered into a faith-based addiction recovery program to pursue wage claims against the program's operators, finding he plausibly alleged participants were treated as employees who performed substantial commercial labor without lawful pay.

  • September 25, 2026

    SEC Says Mich. Atty Tipped Family About Pharma Co. Merger

    The U.S. Securities and Exchange Commission on Friday accused a Michigan tax lawyer of insider trading, alleging he told his brother and cousin about a planned but not-yet-announced merger between Y-mAbs Therapeutics Inc. and SERB Pharmaceuticals.

  • September 25, 2026

    SEC Says Md. Woman Illegally Traded On FDA Approval Info

    The SEC accused a Maryland resident of trading on nonpublic information she received from an insider ahead of the FDA's 2023 denial of a new drug application for a depression treatment submitted by Sage Therapeutics Inc. that caused the company's shares to lose over half of their value.

  • September 25, 2026

    Mayo Clinic Strikes $50K Deal To End EEOC Vax Bias Suit

    The Mayo Clinic will pay $50,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming it threatened to fire a Pentecostal Christian security guard if he didn't get vaccinated against COVID-19 despite his religious objections.

  • September 25, 2026

    Split 6th Circ. Keeps Block On Tenn. 'Abortion Trafficking' Ban

    A split Sixth Circuit panel upheld a permanent injunction on what Tennessee calls an abortion trafficking ban, finding the law is facially overbroad and violates the First Amendment by restricting speech on access to abortions in states where that care is legal.

  • September 25, 2026

    Conn. AG Beats Dentist's Appeal In Press Release Fight

    The Connecticut attorney general and a former social services commissioner did not violate a dentist's constitutional due process or privacy rights when they issued a press release announcing the $300,000 settlement of a False Claims Act case based on Medicaid billing claims, a state appellate panel ruled Friday.

  • September 25, 2026

    COVID Testing Co.'s Ex-COO Pleads Guilty In $500M Fraud

    The former chief operating officer of a COVID-19 testing company pled guilty in Michigan federal court to a healthcare fraud conspiracy allegedly involving more than $500 million in fraudulent insurance claims for services that were not performed as billed.

  • September 25, 2026

    United, TeamHealth Settle $100M ER Billing Fraud Suit

    UnitedHealthcare and TeamHealth have agreed to resolve a $100 million alleged fraud dispute over emergency room staffing and billing, according to a filing in Tennessee federal court.

  • September 25, 2026

    Cleveland Clinic Workers Win Notice In Time-Rounding Suit

    An Ohio federal judge approved notice to a proposed collective of Cleveland Clinic workers alleging the health system's time-rounding practices resulted in overtime violations, finding the workers showed a strong likelihood that they were similarly situated.

  • September 24, 2026

    Medical School Application Fee Antitrust Claim Moves Ahead

    A D.C. federal court issued an order on Thursday trimming several claims from a class action accusing the Association of American Medical Colleges of inflating medical school application fees, but allowed one of the antitrust claims to move ahead.

  • September 24, 2026

    FDA Nom Says Vaccines Safe, Won't Call IUDs Birth Control

    President Donald Trump's nominee to lead the U.S. Food and Drug Administration faced a Senate committee Thursday morning, where she affirmed the safety of vaccines when pressed but refused to directly contradict the president's false claim that the measles vaccine could be "quite lethal," and declined to affirm that IUDs are birth control and not abortifacients.

Expert Analysis

  • What DOJ Fraud Division Rule Resolves, And What It Doesn't

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    The U.S. Department of Justice’s recently published final rule answers many outstanding questions about the newly created National Fraud Enforcement Division, but overlapping mandates could result in parallel investigations and diverging viewpoints between multiple sets of prosecutors, say attorneys at Gibson Dunn.

  • Youth Center Investigation Shows Rising Governance Scrutiny

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    A recent New Hampshire attorney general report following its investigation into the state's Sununu Youth Services Center shows how organizations serving vulnerable populations can face scrutiny of their governance, safety practices and preparedness, even when investigators find no abuse, say attorneys at Morgan Lewis.

  • Target's ERISA Win Doesn't Ax Tobacco Surcharge Questions

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    Though a Minnesota federal court's recent dismissal of a putative class action challenging Target's tobacco surcharge wellness program offers employers a defense road map, courts' differing conclusions about the Employee Retirement Income Security Act versus U.S. Department of Labor requirements leave the legal landscape unsettled, say attorneys at McGuireWoods.

  • How 'Most Favored Nation' Regime Affects Biopharma Deals

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    As M&A activity surges in the biopharma space, companies will need to account for the Trump administration's most-favored-nation pricing proposals — durable in concept, if unsettled in detail — when drafting deals, say attorneys at Gibson Dunn.

  • Where DOJ's Fraud Priorities Memo May Actually Matter

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    The U.S. Department of Justice’s recently released memo outlining priorities for its newly created fraud division will shape how cases are identified, staffed and sequenced, meaning white collar defense work must begin earlier, say David Tarras at Tarras Defense and Trevor Jones at Dynamis.

  • DOJ Healthcare Declination Offers Self-Disclosure Checklist

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    The U.S. Department of Justice's declination of criminal charges against Campus Eye Management signals that its new self-disclosure policy provides a real path for healthcare companies to avoid criminal exposure, but that path is paved with speed, transparency and operational remediation, says Jonathan Porter at Husch Blackwell.

  • Correctional Healthcare Requires Clearer Legal Standards

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    As the correctional healthcare industry increasingly faces financial instability due to litigation, the U.S. Bureau of Prisons should develop clear standards for constitutionally adequate care for incarcerated patients, says Susanne Moore at Blackstone Trial Group.

  • How Home Infusion Providers Can Adapt To Enrollment Pause

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    Recent Centers for Medicare & Medicaid Services moratoria on new enrollments of home health agencies, medical equipment companies and hospices make home infusion providers' compliance obligations more complex and ambiguous, requiring new careful consideration of specific enrollment requirements and limitations, say attorneys at Quarles & Brady.

  • AI Data Mining Is Changing FCA Enforcement

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    With False Claims Act investigations increasingly emerging from statistical anomalies identified by data miners, companies need to consider what conclusions an outsider armed with artificial intelligence might draw from public-facing data and be ready to explain any anomalies if questions arise, say attorneys at Cohen & Gresser.

  • Lessons From 5 Months Of DOJ Corporate Policy Deals

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    Recent declinations and prosecution agreements between the U.S. Department of Justice and corporations since the March unveiling of the corporate enforcement and voluntary disclosure policy provide takeaways for management considering how to respond to corporate misconduct, says Brendan Quigley at Baker Botts.

  • A New Era Of Scrutiny For China-Linked Pharma Deals

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    As Congress considers bipartisan legislation that would heighten regulatory scrutiny for life sciences deals involving Chinese biotech entities, companies should reassess the risks and due diligence requirements that will come with using heavily China-dependent pipelines, says Jen Maki at Ankura.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

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    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • Calif. Drug Ruling Affirms Defect-Centric Liability Framework

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    The California Supreme Court's decision in Gilead Tenofovir Cases this week rejects a novel duty-to-innovate theory of negligence that could have reshaped product liability exposure well beyond the pharmaceutical industry, instead signaling that negligence claims premised on nondefective products are unlikely to succeed, say attorneys at Dechert.