Policy & Compliance

  • August 26, 2026

    Healthcare Cos. Must Face Whistleblower's PPP Fraud Suit

    A New York federal judge has dismissed a bid to toss a compliance consultant's whistleblower suit against a trio of home healthcare companies for alleged fraud under the government's Paycheck Protection Program, rejecting the companies' arguments that her claims should be barred because she is not an original source of information.

  • August 26, 2026

    NJ Can't Force Access To ICE Detention Center, Feds Say

    U.S. Immigration and Customs Enforcement has pressed a New Jersey federal judge to dismiss a lawsuit from the Garden State's health commissioner seeking access to a Newark immigration detention center, saying whether state officials can inspect the facility is up to the federal government.

  • August 26, 2026

    Humana Keeps Conspiracy Claims Against Mylan, Lannett

    A federal judge refused to grant Mylan and Lannett summary judgment on claims in Humana's suit alleging a conspiracy to fix the prices of generic drugs ahead of its bellwether trial, calling it premature and noting that the other parties did not join the motion.

  • August 26, 2026

    Group Says HHS Can't Cut Certain Immigrants' Medicaid

    A Seattle-based community organization accused the U.S. Department of Health and Human Services of misinterpreting the 2025 federal budget bill, telling a Washington federal court it cannot strip Medicaid benefits away from noncitizens receiving Supplemental Security Income.

  • August 26, 2026

    2nd Circ. Says Shield Law Covers Doctor In COVID Death Suit

    The Second Circuit on Wednesday affirmed the dismissal of a Connecticut estate's malpractice suit alleging a doctor negligently prescribed high doses of prednisone to an elderly COVID-19 patient who subsequently died of organ failure, finding the suit is barred under the Public Readiness and Emergency Preparedness Act.

  • August 26, 2026

    Idaho Abortion Ban Relief Narrowed To 1 Doctor

    An Idaho federal judge walked back his recent order barring the state from enforcing its near-total abortion ban in certain health-related circumstances, finding that precedent in the U.S. Supreme Court supported a narrower injunction.

  • August 26, 2026

    7th Circ. Holds High Court Ruling Supports Ark. PBM Rule

    The Seventh Circuit refused Wednesday to revive a union fund's challenge to an Arkansas rule making health plans disclose pharmacy compensation and pay fees, backing a lower court's holding that the rule was in line with a 2020 U.S. Supreme Court ruling that permitted state cost regulations on pharmacy benefit managers.

  • August 26, 2026

    Meta Makes $17B Deal With States Over Child Harms

    Meta has agreed to pay up to $17.1 billion and enact reforms to Facebook and Instagram to resolve sprawling social media addiction claims, in the midst of a high-stakes bellwether trial over whether the company hid or downplayed its platforms' allegedly harmful impact on minors, state enforcers say.

  • August 25, 2026

    Albertsons Witness Says Co.'s Opioid Policies Beat Standards

    Albertsons' pharmacy policies for reviewing potentially suspicious opioid prescriptions "met or exceeded" the standard of care, an expert witness for the company testified Tuesday, on the 26th day of a bench trial in Washington's case accusing the pharmacy chain of fueling the state's opioid epidemic.

  • August 25, 2026

    Merck Drug Price Row Loss, $56M Biotech Verdict And More

    Law360 Healthcare Authority looks at a D.C. federal court's rejection of Merck's challenge to the Medicare drug price negotiation program, a Delaware federal jury's $56 million verdict in a patent row over cell analysis technology and other litigation outcomes impacting the healthcare industry.

  • August 25, 2026

    Ed Dept. Must Turn Over Records In Mental Health Grants Row

    A Washington federal judge Monday partly granted a group of states' bid for expedited discovery in their suit over the Trump administration's attempt to cut nearly $1 billion in funding for K-12 mental health grants, finding the information could assist the court before a hearing for a preliminary injunction.

  • August 25, 2026

    Meet The Atty In Colo. Hospital Gender Care Lawsuit

    Paula Greisen has represented clients in the LGBTQ+ community in major litigation over the past decade. In recent days, she helped secured class certification in a lawsuit against Children's Hospital Colorado.

  • August 25, 2026

    Trump Not Likely to Change Direction of School Vaccine Law

    States that don't allow religious exemptions to school vaccine mandates have often prevailed in legal challenges. Despite renewed pressure from the Trump administration, legal experts expect the winning streak to go on.

  • August 25, 2026

    HHS Info Request Signals Potential Shift In Vax Policy

    The U.S. Department of Health and Human Services showed skepticism about "top-down mandates" and broad vaccine recommendations. It sets the stage for overhauling how the government delivers its vaccine recommendations.

  • August 25, 2026

    Geico Says NJ Top Court Upends 3rd Circ. Arbitration Ruling

    Geico urged a New Jersey federal court to reject medical clinics' bid to dismiss remaining claims in a lawsuit alleging they fraudulently billed no-fault patients, saying that a recent state supreme court ruling bolsters the insurer's argument that complex insurance fraud claims do not belong in arbitration.

  • August 25, 2026

    6th Circ. Urged To Affirm Tobacco Fee Suit Toss

    A trade group representing large employee benefit plan administrators wrote in support of insurance giant Progressive at the Sixth Circuit, asking the appellate court to back dismissal of a proposed class action alleging the insurer wrongfully charged workers more for healthcare who used tobacco and refused COVID-19 vaccination. 

  • August 25, 2026

    Judge Allows Hospital Groups To Fight AbbVie 340B Suit

    A D.C. federal judge will allow hospitals and health center groups to intervene on the side of the government as it fights AbbVie's challenge to the definition of "patient" in the 340B drug discount program, ruling that the providers would suffer concrete financial harm if the pharmaceutical company's interpretation prevails.

  • August 25, 2026

    Vedder Adds Benefits And Exec Comp Pro From Winston Taylor

    Vedder has added a seasoned employee benefits and executive compensation partner from Winston Taylor LLP to join its practice as a new shareholder in Chicago, where she will advise clients on a wide range of retirement, health and welfare benefits issues, the firm announced Tuesday.

  • August 24, 2026

    'So What?': Albertsons Judge Skeptical Of Wash. Opioid Suit

    A Washington state judge considering Albertsons' mid-trial motion to dismiss allegations it fueled the state's opioid epidemic told lawyers for the state Monday that while they might have shown the pharmacy chain failed to implement an adequate monitoring system, she's still skeptical the company's conduct actually caused the overdose crisis.

  • August 24, 2026

    Merck Loses HHS Suit Over Medicare Drug Price Program

    A D.C. federal judge shot down Merck's challenge to the Inflation Reduction Act's Drug Price Negotiation Program on Monday, ruling that the pharmaceutical giant's voluntary participation in connected Medicare and Medicaid programs meant that its inclusion in the negotiation program doesn't constitute an unconstitutional taking.

  • August 24, 2026

    Colo. Judge Certifies Class In Hospital Gender Care Suit

    A Colorado state judge granted class certification in transgender adolescents' lawsuit seeking to have Children's Hospital Colorado resume providing gender-affirming medical care for them and other transgender youth patients.

  • August 24, 2026

    AdaptHealth Wins First OK For $14.3M NC Overbilling Deal

    A North Carolina federal court has given its preliminary approval to a $14.3 million settlement of claims that Pennsylvania-based AdaptHealth Corp. overbilled patients for medical equipment they had returned to the company, according to court filings.

  • August 24, 2026

    Humana Strikes Deal To Wrap Up Nurse's FLSA Suit

    Humana Inc. and a nurse who sued the health insurer in Georgia federal court for allegedly skimping on overtime pay have reached a deal to bring her proposed collective action to a close.

  • August 24, 2026

    Ill. Won't Hold Religious Docs To 'Aid-In-Dying' Law, For Now

    Illinois agreed not to force a group of religious healthcare providers to refer patients to "medical aid in dying" services, a form of care recently legalized by the state allowing certain terminally ill individuals to seek prescriptions for lethal medication to bring about their death.

  • August 21, 2026

    Albertsons Twists Record In Opioid Trial Motion, Wash. Says

    Washington state is urging a Seattle judge to reject Albertsons' latest dismissal bid in a suit accusing the grocery giant of fueling the state's opioid epidemic, arguing the motion rehashes failed arguments and distorts evidence presented over the past five weeks in an ongoing bench trial.

Expert Analysis

  • A Check-Up On HHS' Push To Implement AI Infrastructure

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    The U.S. Department of Health and Human Services has made some headway in its efforts to implement artificial intelligence across its agencies, but will have to overcome a number of near-term tests in order to be successful, says Theodore Thompson at Stinson.

  • Mich. Banking Brief: All The Notable Legal Updates In Q1

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    Michigan's financial services sector saw several significant developments in 2026's first quarter, including the state Department of Insurance and Financial Services' issuance of a bulletin on the use of artificial intelligence and the Michigan House's introduction of a bill based on the Model Money Transmission Modernization Act, say attorneys at Dykema.

  • The Road Ahead For Drug Development In The US

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    Against the backdrop of drug manufacturers potentially looking to move development efforts overseas, the U.S. Food and Drug Administration's latest guidance on new approach methodologies signals the FDA is likely to be receptive to industry innovation that makes U.S.-based drug development faster or less expensive, creating opportunities and compliance risks for tech companies, say attorneys at Morgan Lewis.

  • FDA's Crackdown On Drug Ads Conflicts With Precedent

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    Recent U.S. Food and Drug Administration warning letters to drug manufacturers targeting direct-to-consumer advertising raise significant constitutional concerns, and directly clash with prior FDA stances, say attorneys at Sidley.

  • Informal Announcements Are Reshaping FDA Regulations

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    The U.S. Food and Drug Administration's recent shift toward using press releases, podcasts and other informal channels to announce major policy changes reflects a valid desire to modernize and accelerate regulatory efforts, but it could lead to diminished transparency, increased industry burden and reduced policy durability, says Rachel Turow at Skadden.

  • A Shift In Fed. Circ.'s Approach To Patent Summary Judgment

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    The Federal Circuit's recent decision in Range of Motion v. Armaid may come to be seen as a seminal opinion for potentially exposing and entrenching the Federal Circuit's movement away from its previous framework for identifying obvious noninfringement cases, says Nicholas Nowak at Nowak IP Group.

  • DOJ Actions Suggest Expansion Of Healthcare Enforcement

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    Recent actions by the U.S. Department of Justice and U.S. Food and Drug Administration suggest that federal healthcare enforcement efforts are moving away from traditional program-based fraud and toward cases centered on product integrity, regulatory transparency and telehealth marketing, effectively widening the government's enforcement playbook, say attorneys at MoFo.

  • New Orphan Drug Law Provides A Key Fix For Pharma Cos.

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    The Consolidated Appropriations Act enacted last month restores the U.S. Food and Drug Administration's long-standing interpretation of "same disease or condition," related to orphan drug exclusivity, resolving years of regulatory uncertainty and litigation that have discouraged rare disease research, say attorneys at Spencer Fane.

  • FDA User Fee Talks Offer Clues On Upcoming Reforms

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    As the U.S. Food and Drug Administration undergoes the User Fee Act reauthorization process and renegotiates its user fee agreements over the next several months, the agency's consultation meetings with relevant industries can shed light on the FDA's priorities, and provides stakeholders an opportunity to participate in the reform process, say attorneys at Holland & Knight.

  • Changes Coming To The SBIR And STTR Programs

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    Legislation recently approved by Congress to reauthorize the Small Business Innovation Research and Small Business Technology Transfer Programs includes changes focused on national security that would improve transparency but also increase applicants' administrative burdens, slow the awards process and likely increase litigation, say attorneys at Fluet & Associates.

  • FDA Framework For Personalized Therapies Raises Questions

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    The U.S. Food and Drug Administration's new plausible mechanism framework for developing individualized therapies reflects the agency's focus on rare-disease drugs, but numerous significant, unresolved issues cast uncertainty on how effective the framework will be in practice, say attorneys at Ropes & Gray.

  • Scrutiny Of Nursing Home Practices Marks Inflection Point

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    Recent congressional inquiries into UnitedHealth Group's Medicare Advantage-linked nursing home practices raise questions about whether financial metrics are allowed to influence decisions governed by the standard of care, and could implicate duties imposed by federal regulations, state negligence laws and elder abuse statutes, says Lindsey Gale at Rafferty Domnick.

  • 7 Steps For Gov't Contractors In Post-IEEPA Tariff Landscape

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    In response to U.S. Supreme Court's recent decision to strike down tariffs issued by the Trump administration under the International Emergency Economic Powers Act, there are several actions federal contractors should take to preserve their place in any refund waterfall, and to manage audit, overpayment and False Claims Act risk, say attorneys at Holland & Knight.