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Health
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January 22, 2026
Drugmakers May Dodge Disgorgement In States' Antitrust Suit
A Connecticut federal judge probed the limits of his equitable powers Thursday in a sprawling generic drug antitrust enforcement action, expressing doubt that he could order the drugmaker defendants to hand over their profits while also awarding multiplied damages and imposing civil penalties.
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January 22, 2026
As Lawmakers Scrutinize Costs, Insurers Point To Hospitals
Facing a barrage of questions from lawmakers on Capitol Hill about rising costs, the heads of the biggest health insurance companies in the U.S. sought to blame providers and other parts of a complex industry.
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January 22, 2026
Hologic Faces Del. Class Suit Over $18.3B Sale Disclosures
Citing alleged failures to make news about litigation settlements public ahead of a proposed $18.3 billion company sale, a pension fund stockholder of women's health-focused tech company Hologic Inc. has sued for a Delaware Court of Chancery hold on the deal pending disclosures or damages awards.
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January 22, 2026
3rd Circ. Says Medical Pot Contract May Violate Federal Law
The Third Circuit on Thursday vacated a medical cannabis company's win in a lawsuit filed by a consultant claiming that it had stolen his trade secrets for growing marijuana samples, finding it couldn't decide the appeal because the parties' contract might have violated federal drug law.
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January 22, 2026
10th Amtrak Worker Cops To Role In $11M Fraud Scheme
A former Amtrak employee has admitted to participating in a scheme that prosecutors claim defrauded the rail carrier out of $11 million in health benefits, making him the 10th defendant in a year to plead guilty in the case, the U.S. attorney's office in New Jersey said on Thursday.
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January 22, 2026
Medical Cannabis Co. Says Data Breach Didn't Lead To Injury
An Ohio medical cannabis company has said a consolidated class action in federal court should be dismissed as it doesn't allege any of the plaintiffs' data was accessed in a data breach or that the breach could be linked to any real damage.
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January 22, 2026
Ex-Surgeon Prevails Over Insurers In Lifetime Disability Fight
A Michigan federal judge handed a disabled surgeon a win against two insurance companies Thursday in his suit seeking total disability benefits for life, siding with the ex-worker's argument that the insurers erred in determining that his condition was caused by sickness instead of injury and cutting off benefits.
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January 22, 2026
ECJ Backs VAT Exemption For Spanish Cleaning Co-Ops
Spain can't automatically bar cleaning cooperatives from receiving a value-added tax exemption for services provided to educational and healthcare institutions, the European Union's top court ruled Thursday.
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January 21, 2026
Holmes Seeks Trump Clemency For Theranos Fraud Sentence
Former Theranos CEO Elizabeth Holmes has asked President Donald Trump to commute an 11-year prison sentence she's been serving for defrauding investors with bogus blood-testing technology, according to the U.S. Department of Justice's Office of the Pardon Attorney.
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January 21, 2026
CVS, UnitedHealth, Express Scripts Duck PBM Antitrust Suit
A Missouri federal judge has thrown out a proposed class action accusing the country's three largest pharmacy benefit managers — owned by CVS, UnitedHealth Group and Cigna Group — of inflating prescription costs through their rebating practices.
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January 21, 2026
Medtronic 'Blocked' Surgical Device Competition, Jury Told
An executive at Applied Medical Resources Corp. on Tuesday told a California federal jury considering antitrust claims against Medtronic Inc. that a surgical device his company introduced a decade ago had great success in Europe but was "blocked" in the U.S. by Medtronic's practice of "bundling" products.
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January 21, 2026
Texas AG Launches Investigation Into Vaccine Incentives
The Texas attorney general launched what it characterized as a sweeping, multi-industry investigation into financial incentives for medical providers to recommend childhood vaccines, saying providers regularly dish out vaccines that "are not proven to be safe or necessary."
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January 21, 2026
Midwives Challenge Miss. Practice Limits In Antitrust Suit
The American College of Nurse-Midwives launched a suit seeking to permanently block Mississippi rules requiring certified nurse-midwives to obtain collaboration agreements with physicians, arguing the rules unlawfully restrict competition and exacerbate public health challenges in the state.
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January 21, 2026
BCBS Says Bankrupt Hospital Can't Leave $3B Antitrust Deal
Blue Cross Blue Shield is opposing a bankrupt Alabama hospital's bid to opt out of a $2.8 billion antitrust class action settlement to pursue its own claims in bankruptcy court, arguing the hospital has no excuse for missing the deadline.
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January 21, 2026
Feds Say Medicare Steering Case Meets FCA Legal Bar
The government said Wednesday that its False Claims Act complaint accusing insurers and brokers of participating in a kickback scheme to steer customers to Medicare Advantage plans doesn't conflict with a First Circuit decision last year setting out the standard for such cases.
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January 21, 2026
Willkie Hires Chicago Restructuring Partner From Kirkland
Willkie Farr & Gallagher LLP has announced it has engaged an attorney from Kirkland & Ellis LLP to join the firm as a partner based in its Chicago office, where it anticipates he will make a successful contribution to a growing corporate restructuring platform.
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January 21, 2026
Experts Can Testify On Cancer Link In J&J Talc Suits
A special master has said experts for the tens of thousands of women whose suits in New Jersey federal court allege that Johnson & Johnson talc products caused their ovarian cancer can testify at trial about the causal connection between their disease and use of the products.
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January 21, 2026
Del. Justices Urged To Revive Telemedicine Co. SPAC Suit
An attorney for special purpose acquisition company investors in a $1.35 billion take-public deal that preceded an affiliate bankruptcy, heavy losses and fraud claims urged Delaware's Supreme Court on Wednesday to reject arguments that the statute of limitations on the claims started ticking at the time of the alleged misrepresentation.
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January 21, 2026
Former Ga. State Rep. Cops To COVID Loan Fraud
A former Georgia Democratic lawmaker pled guilty Wednesday to charges that she fraudulently obtained pandemic-era unemployment benefits, the Department of Justice said.
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January 21, 2026
Teva's Inconsistent Args In IUD Trial 'Troubling,' Judge Says
Teva Pharmaceuticals quickly ran afoul of a Georgia federal judge Wednesday in its first trial over alleged defects in its Paragard IUD, as the court chastised the drugmaker's attorneys over "very troubling" inconsistencies in their opening statements to jurors.
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January 21, 2026
Cresco Accused Of Withholding Revenue Share From Partner
An Ohio company that claims it helped cannabis giant Cresco Labs LLC build its medical and retail marijuana operations in the Buckeye State alleges in a new federal lawsuit that the company bilked it out of promised fees when it expanded its business into adult-use cannabis.
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January 21, 2026
FTC Mulling Deal With Express Scripts In PBM Case
The Federal Trade Commission is considering a potential settlement with Express Scripts in the agency's case accusing the country's three largest pharmacy benefit managers of inflating insulin prices through rebate schemes.
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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.
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January 21, 2026
Healthcare Workers Seek $12.2M From $28.5M No-Poach Deal
Nearly 12,000 healthcare workers in a $28.5 million settlement with two hospitals that were accused of agreeing not to poach each other's doctors and nurses urged a Pennsylvania federal court to grant approximately $12 million in attorney fees, costs and service awards.
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January 21, 2026
Fla. Dispensary Exposed Patient Data Via Google, Suit Says
A Florida man is suing a dispensary website in federal court, alleging it has violated federal health confidentiality laws by using Google Analytics Pixel on its website, which he said intercepts and collects private information for use in advertising.
Expert Analysis
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5 E-Discovery Predictions For 2026 And Beyond
2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.
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2026 State AI Bills That Could Expand Liability, Insurance Risk
State bills legislating artificial intelligence that are expected to pass in 2026 will reshape the liability landscape for all companies incorporating AI solutions into their business operations, as any novel private rights of action authorized under AI-related statutes signal expanding exposures, say attorneys at Wiley.
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Business Considerations Amid Hemp Product Policy Change
With the passage of a bill fundamentally narrowing the federal definition of "hemp," there are practical and business considerations that brands, manufacturers and other parties should heed over the next year, including operational strategies, evaluating contract and counterparty risk, and tax implications, say attorneys at Foley Hoag.
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Series
Judges On AI: How Courts Can Boost Access To Justice
Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.
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Opinion
DHS' Parole Termination Violates APA And Due Process
The U.S. Department of Homeland Security’s abrupt termination of family reunification parole programs violates both the Administrative Procedure Act and the due process rights of vetted beneficiaries who relied on the government's explicit invitation to wait in the U.S. for an immigrant visa to become available, says Abdoul Konare at Konare Law.
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2025's Most Notable State AG Activity By The Numbers
State attorneys general were active in 2025, working across party lines to address federal regulatory gaps in artificial intelligence, take action on consumer protection issues, continue antitrust enforcement and announce large settlements on behalf of their citizens, say attorneys at Jenner & Block.
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Opinion
The Case For Emulating, Not Dividing, The Ninth Circuit
Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.
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How 11th Circ.'s Zafirov Decision Could Upend Qui Tam Cases
Oral argument before the Eleventh Circuit last month in U.S. ex rel. Zafirov v. Florida Medical Associates suggests that the court may affirm a lower court's opinion that the qui tam provisions of the False Claims Act are unconstitutional — which could wreak havoc on pending and future qui tam cases, say attorneys at Morgan Lewis.
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Key Trends For Life Sciences Cos. To Watch In 2026
Following a year of drastic change at the U.S. Food and Drug Administration, two themes are likely to drive the coming year — a commitment to lowering the cost of drugs and an inherent tension between the priorities of the health agencies and the broader administration, say attorneys at Sheppard Mullin.
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Series
Muay Thai Makes Me A Better Lawyer
Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.
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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.