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January 13, 2026
Express Scripts Can't Impel FTC Atty Views On Insulin Makers
A Federal Trade Commission in-house judge has denied a bid from Express Scripts to force a commission attorney to sit for a deposition to discuss an investigation into insulin manufacturers as the pharmacy benefit manager defends against the agency's insulin pricing case.
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January 13, 2026
Ga. Panel Doesn't Blink At $50M Bungled Root Canal Verdict
The Georgia Court of Appeals appeared skeptical Tuesday of an Atlanta dentist's bid to overturn a $50 million malpractice verdict against him over a botched root canal, doubting that the award necessarily "shocks the conscience" merely because an earlier, smaller verdict was thrown out on that basis.
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January 12, 2026
CareFirst Opposes J&J's Bid To Revisit Stelara Antitrust Case
Insurer CareFirst urged a Virginia federal court to reject Johnson & Johnson's bid for reconsideration of a ruling that refused to toss antitrust and patent fraud claims over the immunosuppressive drug Stelara.
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January 12, 2026
The Curious, Very Long Delay In A Pioneering Drug Prices Suit
When Merck & Co. launched a fiery challenge to Medicare's landmark drug price negotiations, it blazed a trail for many similar suits. But 31 months later, the challenge is stalled where it started as Merck begs for a ruling, other suits speed along the path it created and huge costs now seem unavoidable.
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January 12, 2026
7th Circ. Finds DEA, State Officials Immune In Pill Mill 'Mess'
The Seventh Circuit Monday overturned rulings that would have let a doctor's Fourth and Fifth amendments claims over a pill mill investigation go to trial, concluding federal and state officials are entitled to immunity in proceedings the court described as a "tangled mess."
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January 12, 2026
Texas Court Says Medical Expert Wrongly Excluded At Trial
A Texas appellate court has reversed a defense verdict and ordered a new trial in a suit accusing three doctors of negligent post-operative treatment for a gallbladder patient that caused sepsis and ultimately death, saying the trial court wrongly excluded the testimony of the plaintiff's sole expert witness.
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January 12, 2026
7th Circ. Won't Rehear Psychiatrists' Antitrust Suit Revival Bid
The Seventh Circuit is standing firm on a panel majority's refusal to revive an antitrust suit challenging the American Board of Psychiatry and Neurology's certification maintenance requirement, having refused to rehear appellate arguments over a lower court decision tossing the case.
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January 12, 2026
Elevance Nurses Are Owed No OT, Judge Told As Trial Opens
Elevance Health Inc. said Monday that claims it violated labor law by denying overtime pay to registered nurses evaluating insurance claims are "preposterous," as a Georgia federal bench trial kicked off over a suit from nearly 40 nurses alleging they were stiffed on years of pay.
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January 12, 2026
Feds To Drop Appeal In 340B Rebate Pilot Challenge
The U.S. Department of Health and Human Services on Monday suggested it will end its appeal of a First Circuit order temporarily blocking it from instituting a rebate program that would change how the agency distributes payments in the federal 340B drug discount program that provides medications at reduced costs to low-income Americans.
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January 12, 2026
ERISA Recovery Suit Against UnitedHealth Proceeds With Trims
A UnitedHealth plan participant who was injured in a car crash may pursue claims under the Employee Retirement Income Security Act's civil enforcement provision, an Ohio federal court ruled Friday, while also allowing his wife, who was involved in a separate accident, to proceed with certain state-law claims.
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January 12, 2026
Yale Asks Judge To Rethink $32M Baby Formula Death Verdict
Yale University and the affiliated Yale New Haven Hospital have asked a Connecticut state court judge to reconsider a verdict of nearly $32 million over the death of a premature baby, contending that she failed to grasp battery and informed consent law when issuing her decision after a bench trial.
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January 12, 2026
15,000 Nurses Begin Strike On Major NYC Hospitals
Thousands of nurses at three New York City hospital systems walked off the job Monday, heralding what their union called the largest nurses' strike in the city's history after the systems refused to meet workers' demands on staffing, benefits and work safety protocol during contract negotiations.
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January 12, 2026
DC Circ. Told $100K H-1B Fee Threatens Congress' Tax Power
The U.S. Chamber of Commerce urged the D.C. Circuit to bar the Trump administration from charging employers its new $100,000 H-1B visa fee, arguing it presents a "grave threat" to Congress' exclusive power to levy taxes.
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January 12, 2026
HHS' Pediatric Health Cuts Blocked As Likely 'Retaliatory'
A D.C. federal judge has temporarily blocked the U.S. Department of Health and Human Services from cutting nearly $12 million in pediatric health funding to the American Academy of Pediatrics, finding HHS could be retaliating for a lawsuit challenging the agency's changes to members on a federal vaccine committee.
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January 12, 2026
Medicine Biz Mirador Wraps $250M Funding Round
San Diego-based clinical-stage precision medicine company Mirador Therapeutics Inc. announced Monday that it closed its Series B funding round with $250 million of investor commitments, bringing the company's total capital raised since its March 2024 launch to more than $650 million.
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January 12, 2026
Justices Nix Petition On Legal Malpractice Arbitration
The U.S. Supreme Court declined Monday to review a petition that sought clarity on whether a court or arbitrator decides the issue of class arbitrability when the parties incorporate certain arbitral rules, in a long, winding legal malpractice dispute involving Louisiana medical companies.
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January 12, 2026
Justices Want SG Input On Arthritis Drug Competition Fight
The U.S. Supreme Court on Monday asked the Trump administration to weigh in on whether state unfair competition claims should be used to block a competitor from selling compounded versions of drugs in certain states.
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January 12, 2026
High Court Won't Take On No Surprises Act Enforcement Row
The U.S. Supreme Court on Monday declined to weigh in on whether the No Surprises Act denies providers a private right to enforce dispute resolution awards against insurers over emergency care coverage.
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January 12, 2026
No High Court Review For California Opioid 'Nuisance' Suit
The U.S. Supreme Court on Monday said it would not weigh in on a circuit court decision that a California public nuisance lawsuit against pharmacy benefit managers over their opioid-dispensing practices belongs in state court.
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January 12, 2026
Justices Pass On Houston Hospital Workers' COVID Vax Fight
The U.S. Supreme Court declined Monday to hear a challenge to a Houston hospital's win in a lawsuit brought by a group of employees who said they were unlawfully terminated after refusing the COVID-19 vaccine.
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January 12, 2026
Justices Won't Weigh Collective Cert. Process In Eli Lilly Case
The U.S. Supreme Court declined on Monday to review whether courts should stick with a long-standing two-step analysis for certifying collective actions in an age discrimination case against Eli Lilly and Co. that could have affected wage and hour litigation.
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January 09, 2026
Mangione Says Defective Charges Doom Federal Murder Rap
Counsel for Luigi Mangione on Friday urged a Manhattan federal judge to throw out the most serious charges brought against the alleged killer of UnitedHealthcare CEO Brian Thompson, saying prosecutors have failed to allege crimes of violence as predicate offenses to support murder and weapons charges.
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January 09, 2026
Mylan, Aurobindo Must Face Generic Drug Price-Fixing Claims
A Connecticut federal judge on Friday refused to hand a quick win to Mylan Pharmaceuticals and Aurobindo Pharma USA in sprawling antitrust litigation against 26 total pharmaceutical companies, ruling that a coalition of states has enough evidence to raise a genuine dispute about whether the companies conspired to fix drug prices.
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January 09, 2026
Up Next At High Court: Pollution Lawsuits & Trans Athletes
The U.S. Supreme Court will kick off the new year by hearing disputes over the constitutionality of state laws banning transgender female athletes from female-only sports and whether state or federal courts are the proper forum for lawsuits seeking to hold major oil companies accountable for harm caused by their oil production activities along Louisiana's coast.
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January 09, 2026
$500K Revelation Doesn't Nix Surgeon's Win In Eye Injury Row
A California appeals court won't order a retrial in a suit alleging a surgery center blinded a patient in one eye during spinal surgery, saying she failed to properly object to a closing argument that implied that a co-defendant's settlement was the source of $500,000 she had received.
Expert Analysis
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The Next Pressure Point In Digital Health: Informed Consent
Two new federal digital health initiatives will usher in a new era where virtual care, software-enabled devices and home-based monitoring are integrated into care and reimbursement models, with the impact of shifting rules and opportunities felt most immediately in the context of informed consent, says Kimberly Chew at Husch Blackwell.
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Series
Law School's Missed Lessons: Intentional Career-Building
A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.
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4 Trends Shaping Drug And Medical Device Law For 2026
2025 saw some significant legal developments with potential impact for drug and device manufacturers, ranging from growing skepticism in science and regulatory entities to new regulation of artificial intelligence, say attorneys at Faegre Drinker.
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Key Trends In Healthcare Antitrust In 2025
The healthcare industry braced for significant antitrust enforcement shifts last year driven by a change in administration, and understanding the implications of these trends is critical for healthcare organizations' risk management and strategic decision-making in the year ahead, say attorneys at Michael Best.
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The 5 Most Important Bid Protest Decisions Of 2025
In a shifting bid protest landscape, five decisions in 2025 from the Federal Circuit, the U.S. Court of Federal Claims and the U.S. Government Accountability Office that addressed bedrock questions about jurisdictional reach and the breadth of agency discretion are likely to have a lasting impact, say attorneys at Bradley Arant.
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Food Industry Braces For MAHA And Other Challenges In 2026
After the Make America Healthy Again movement kept the U.S. Food and Drug Administration under pressure in 2025, actions in the food safety space are likely to continue this year, including updated Supplemental Nutrition Assistance Program dietary guidelines and processed food definitions, say attorneys at Wiley.
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Preparing For Congressional Investigations In A Midterm Year
2026 will be a consequential year for congressional oversight as the upcoming midterm elections may yield bolder investigations and more aggressive state attorneys general coalitions, so companies should consider adopting risk management measures to get ahead of potential changes, say attorneys at Morgan Lewis.
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A Meaningful Shift In FDA's Biosimilarity Analysis
The U.S. Food and Drug Administration's potential pivot away from routinely requiring comparative efficacy studies for interchangeable biosimilar applications would not lower regulatory standards, but instead allow applicants to allocate resources toward establishing more probative evidence, says Theodore Thompson at Stinson.
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Employment Immigration Trends And Challenges For 2026
U.S. companies competing for global talent should brace for a turbulent 2026, with greater compliance burdens, higher costs and the probability of workforce disruptions at every stage of the immigration process, from visa petitions to work authorization renewals, say attorneys at Duane Morris.
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Top 5 Antitrust Issues For In-House Counsel To Watch In 2026
With Trump administration enforcement policy having largely taken shape last year, antitrust issues that in-house counsel should have on the radar range from scrutiny of technology-assisted pricing to the return of merger remedies, say attorneys at Squire Patton.
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4 Developments That Defined The 2025 Ethics Landscape
The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.
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Navigating AI In The Legal Industry
As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.
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How Fractional GCs Can Manage Risks Of Engagement
As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.
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Health, Legal Employers Face Unique Online Speech Hurdles
Employers in the legal and healthcare industries must consider distinctive ethical obligations and professional requirements when disciplining employees for social media posts, while anticipating an area of the law in flux as courts seek to balance speech rights and the workplace function, say attorneys at FordHarrison.
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Reviewing 2025's Most Pertinent Wiretap Developments
2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.