Digital Health & Technology

  • April 07, 2026

    Data Breach Counsel Chided For Flouting NC Court Rules

    Two attorneys looking to temporarily helm a series of putative data breach class actions targeting a radiology firm have failed to become interim co-lead class counsel, as a North Carolina Business Court judge chided them for not following rules and filing a procedurally deficient motion.

  • April 07, 2026

    Mich. AG Says PBMs Can't Stall Discovery In Drug-Pricing Suit

    Michigan's attorney general is urging a federal court to reject a renewed bid by pharmacy benefit managers to pause discovery in an antitrust case accusing them of price-fixing reimbursement rates, claiming the companies are relying on exaggerated burden claims and an ordinary motion to dismiss that is unlikely to succeed.

  • April 07, 2026

    BakerHostetler Adds Davis Wright Privacy Pro In LA

    BakerHostetler announced Tuesday it has welcomed data privacy litigator Spencer Persson from Davis Wright Tremaine to its digital assets and data management practice group as partner, bringing in years of experience handling high-stakes privacy matters that will beef up the firm's privacy and digital risk class action and litigation team. 

  • April 06, 2026

    Ore. Clinic Stuck With Privacy Suit Over LinkedIn Data Sharing

    An Oregon federal judge has refused to throw out a putative class action accusing a fertility clinic of deploying tracking technology that illegally transmitted its website visitors' protected health information to LinkedIn for advertising purposes, finding that the plaintiff had adequately alleged that these disclosures violated federal health privacy law.

  • April 03, 2026

    Law360 Announces The Members Of Its 2026 Editorial Boards

    Law360 is pleased to announce the formation of its 2026 Editorial Advisory Boards.

  • April 03, 2026

    Caterpillar Worker's Bankruptcy Dooms Genetic Privacy Claim

    An Illinois federal judge has thrown out a Caterpillar Inc. employee's proposed class genetic privacy suit over allegedly illegal medical history probes, saying the worker's midcase Chapter 7 bankruptcy filing means the claims now belong to his bankruptcy estate and not to him personally.

  • April 02, 2026

    AG Urges NC Justices To Keep Jurisdiction Over TikTok Suit

    North Carolina Attorney General Jeffrey Jackson urged the state's Supreme Court to make TikTok's parent company face claims that it's addictive to juvenile users, arguing the social media giant had enough contact with the Tarheel State to be subject to its courts' jurisdiction.

  • April 01, 2026

    7th Circ. Says Ill. BIPA Amendment Applies Retroactively

    The Seventh Circuit held Wednesday that a liability-limiting amendment to Illinois' biometric privacy law applies to every lawsuit pending at the time the amendment took effect, ruling that the amendment is only a procedural change to the law and, therefore, must be applied retroactively.

  • March 31, 2026

    Telemedicine Biz Can't Escape Investor Suit Over User Losses

    A New York federal judge on Tuesday ruled Teladoc Health Inc. cannot escape an investor suit over its declining user base and increased advertising budget, saying the departure of its former chief executive in 2024 could indicate the company knew it was misleading shareholders about its financial state. 

  • March 30, 2026

    TriZetto's $70M Trade Secret Verdict Upheld, Total Award Cut

    A New York federal judge has upheld a $70 million compensatory damages verdict for the TriZetto Group in a long-running trade secret fight against Syntel Inc., while also cutting punitive damages to about $140 million and awarding TriZetto more than $12 million in attorney fees.

  • March 30, 2026

    Del. Judge Upholds $34M Verdict In Glaucoma Patent Feud

    A Delaware federal judge has affirmed a $34 million verdict against Alcon and related entities for infringing patents covering medical devices to treat glaucoma, disagreeing that Sight Sciences Inc. had failed to show the accused product meets the limitations of the patent claims.

  • March 27, 2026

    Eli Lilly Keeps Most Of Weight Loss Drug Copy Suit Alive

    A California federal judge has refused to throw out a lawsuit accusing a pair of telehealth companies of making copies of Eli Lilly's obesity and type 2 diabetes drugs but agreed to trim the case.

  • March 27, 2026

    Biopharma's Brass Hid Anxiety Drug Trial Risks, Investor Says

    Vistagen Therapeutics' current and former top brass have been hit with a derivative shareholder suit in California federal court alleging they overstated its clinical trial for a novel, anti-anxiety drug while hiding unpredictable placebo responses and other known risks, before the phase ultimately failed, causing a stock price collapse. 

  • March 26, 2026

    Imaging Practice Data Breach Class Actions Hit NC Biz Court

    A series of putative class actions resulting from a data breach at imaging practice Triad Radiology Associates PLLC hit North Carolina Business Court this week, with a couple of the cases naming hospitals that partnered with the practice.

  • March 26, 2026

    Co. Accused Of Sharing Mental Health Data With Google

    A California resident alleged in Colorado federal court that a Denver-based telehealth mental health provider is providing sensitive customer data to Google without their consent in violation of federal and state privacy laws, according to a proposed class action filed Thursday.

  • March 25, 2026

    Jury Doubles Damages Against Meta, Google In LA Bellwether

    A California state jury that found Meta and Google liable Wednesday for harming the mental health of a woman who says she became addicted to their social media platforms as a child delivered a second blow later in the day, awarding $3 million in punitive damages on top of a $3 million compensatory award.

  • March 24, 2026

    Drug Co. Atara Hit With Investor Suit Over FDA Denial

    Drug company Atara Biotherapeutics Inc. has been hit with a proposed class action accusing it of harming investors by not disclosing certain manufacturing problems and research study deficiencies that made it unlikely the U.S. Food and Drug Administration would approve its new drug application.

  • March 24, 2026

    Pacemaker Co. Seeks Clarity on Qui Tam Publicity Test

    A medical device company is asking the U.S. Supreme Court to clarify the False Claims Act's public disclosure bar. To succeed, the company will have to show a true circuit split has emerged, not just differing interpretations of subjective language in the law.

  • March 23, 2026

    Novartis Faces Class Suit Over Patient Health Info Disclosure

    Drugmaker Novartis collected patients' personal and health information through pharmaceutical marketing websites and transmitted it to third parties including Google using "surreptitious online tracking tools" without patients' consent, a proposed class action in New Jersey federal court alleges.

  • March 23, 2026

    Pediatric Data Breach Class Action Can Stay In NC Biz Court

    A consolidated class action alleging a pediatric medical practice failed to protect minor patients' data from hackers can remain in the North Carolina Business Court, a judge ruled in finding the lawsuits were properly designated to the state's specialized superior court for complex business matters.

  • March 23, 2026

    Trinity, Health Gorilla Sued Over Patient Data Breach

    Trinity Health Corp. and Health Gorilla Inc. were hit with a proposed class action in Michigan federal court alleging that they failed to protect the sensitive personal information of patients whose data was improperly disclosed through a health information exchange platform.

  • March 20, 2026

    CytoDyn Settles Investor Suit With $500K, 49M Shares

    Biotechnology firm CytoDyn has agreed to dole out 49 million shares of common stock and pay $500,000 to end investors' proposed class action accusing the company of overstating the likelihood that the U.S. Food and Drug Administration would approve a drug it claimed could treat HIV and COVID-19.

  • March 20, 2026

    Fed. Circ. Backs Military In Veterinary Software Dispute

    The Federal Circuit on Friday ruled in favor of the government in a dispute with a subcontractor over rights to healthcare software for a U.S. Army veterinary records system, affirming a lower court finding that the contractor failed to present a valid contract claim and could not pursue a copyright infringement claim based on defective registrations.

  • March 20, 2026

    Hims Says Failed Wegovy Collab Doesn't Merit Investor Suit

    Telehealth company Hims & Hers Health Inc. urged a California federal court to release it from a shareholder suit accusing it of exploiting its partnership with Novo Nordisk, the distributor of weight loss drug Wegovy, to sell "knockoff" drugs, saying the suit does not allege the company's executives knew the partnership would fall through.

  • March 20, 2026

    9th Circ. Kicks Software Salesperson's Bias Suit To Arbitration

    A medical software company won't have to face a fired salesperson's disability and age bias claims in court, after the Ninth Circuit ruled that a severability clause in an arbitration agreement didn't nullify language saying questions about the pact's validity should be decided by an arbitrator.

Expert Analysis

  • AI Scientific Discovery Order Implications For Life Sciences

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    President Donald Trump's November executive order establishing a government effort to use artificial intelligence to accelerate scientific discovery has the potential to leverage significant federal resources and data to support research, drug and device approvals, and AI model training in the life sciences sector, say attorneys at Hogan Lovells.

  • Remote Patient Monitoring Is At Regulatory Inflection Point

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    With remote patient monitoring at the center of new federal pilot programs and a recent report from the U.S. Department of Health and Human Services' Office of Inspector General examining Medicare billing for those services, it is clear that balancing innovation and risk will be a central challenge ahead for digital health stakeholders, say attorneys at Morgan Lewis.

  • Texas AG Wields Consumer Protection Law Against Tech Cos.

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    Texas Attorney General Ken Paxton has targeted technology companies using the Texas Deceptive Trade Practices Act, a broadly worded statute that gives the attorney general wide latitude to pursue claims beyond traditional consumer protection, creating unique litigation risks, say attorneys at Yetter Coleman.

  • Utah's AI Prescription Renewal Pilot Could Inform Policy

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    Utah recently became the first state to approve an artificial intelligence system for autonomously renewing certain prescription medicines, providing a test case for how regulators may be able to draw boundaries between administrative automation and medical judgment, say Jashaswi Ghosh at Holon Law Partners and Bryant Godfrey at Foley Hoag.

  • State Of Insurance: Q4 Notes From Illinois

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    In 2025's last quarter, Illinois’ appellate courts weighed in on overlapping homeowners coverages for water-related damages, contractual suit limitation provisions in uninsured motorist policies, and protections for genetic health information in life insurance underwriting, while the Department of Insurance sought nationwide homeowners' insurance data from State Farm, says Matthew Fortin at BatesCarey.

  • Privacy Ruling Shows How CIPA Conflicts With Modern Tech

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    A California federal court's recent holding in Doe v. Eating Recovery Center that Meta is not liable for reading, or attempting to read, the pixel-related transmission while in transit reflects a mismatch between the California Invasion of Privacy Act's 1967 origins and modern encrypted, browser‑driven communications, says David Wheeler at Neal Gerber.

  • Lessons From EdTech Provider's Data Breach Settlements

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    Education technology company Illuminate Education's recent settlements with three states and the Federal Trade Commission over state privacy law claims following a student data breach are some of the first of their kind, suggesting a shift in enforcement focus to how companies handle student data and highlighting the potential for coordinated enforcement actions, say attorneys at Wilson Sonsini.

  • What US Cos. Must Know To Comply With Italy's AI Law

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    Italy's newly effective artificial intelligence law means U.S. companies operating in Italy or serving Italian customers must now meet EU AI Act obligations as well as Italy-specific requirements, including immediately enforceable criminal penalties, designated national authorities and sector-specific mandates, say attorneys at Portolano Cavallo.

  • Insights From 2025's Flood Of Data Breach Litigation

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    Several coherent patterns emerged from 2025's data breach litigation activity, suggesting that judges have grown skilled at distinguishing between companies that were genuinely victimized by sophisticated criminal actors despite reasonable precautions, and those whose security practices invited exploitation, says Frederick Livingston at McDonald Baas.

  • The Next Pressure Point In Digital Health: Informed Consent

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    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.

  • 4 Trends Shaping Drug And Medical Device Law For 2026

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    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.

  • Unique Aspects Of Texas' Approach To AI Regulation

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    The Texas Responsible AI Governance Act — which will soon be the sole comprehensive artificial intelligence law in the U.S. — pulls threads from EU and Colorado laws but introduces more targeted rules with fewer obligations on commercial entities, say attorneys at MVA Law.

  • Shutdown Imperils Telehealth Access For Medicare Patients

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    The federal government shutdown that commenced on Oct. 1 coincided with the expiration of certain telehealth flexibilities that had preserved expansive access to telehealth services for Medicare beneficiaries following COVID-19, creating significant legal and financial uncertainty for healthcare providers and patients, say attorneys at Robinson & Cole.