Digital Health & Technology
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January 02, 2026
The High-Stakes Healthcare AI Battles To Watch In 2026
Courts across the country are set to hear a wave of litigation in the coming year that will begin to draw the legal boundaries around artificial intelligence in healthcare and the life sciences. Law360 spoke with legal experts about the high-stakes AI litigation set to unfold in 2026.
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December 23, 2025
Patients Say Pa. Med Mal Firm Left Data Vulnerable To Hackers
A Pittsburgh law firm that handles medical malpractice and insurance litigation faces a proposed class action complaint alleging that it failed to protect the private health and personal data of patients whose information was stolen in a data breach.
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December 19, 2025
Colo. IVF Co. Says AI Fertility Co. Owes Nearly $900K
The maker of an in vitro fertilization incubator system has filed a breach of contract lawsuit in Colorado federal court, claiming an artificial intelligence-based fertility company owes it nearly $900,000 for embryoscope incubator systems it sold to the lab.
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December 18, 2025
ITC Clears Toy Gun Imports, Will Review Smart Rings, Vapes
The U.S. International Trade Commission has had a busy week in intellectual property, determining a series of toy gun imports don't infringe Spin Master patents licensed to Hasbro, instituting reviews requested by companies including Ouraring, AbbVie and Juul, and receiving several new complaints.
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December 17, 2025
Late Plaintiff Substitutions Sink Hospital Health Data Suit
A Pennsylvania federal judge has dismissed a proposed data breach class action against Thomas Jefferson University Hospitals Inc. over the named plaintiffs purported inability to serve as leaders of the suit, ruling that they had two years to find substitutes.
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December 11, 2025
Epic Systems Is Monopolizing EHR Market, Texas AG Suit Says
Texas Attorney General Ken Paxton hit Epic Systems Corp. with an antitrust suit in state court on Wednesday alleging the company is illegally seeking to monopolize markets for electronic health records software.
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December 11, 2025
Life Insurers Exempt From Ill. Genetic Privacy Law, Court Says
An Illinois state appeals court affirmed the dismissal of a man's suit claiming two State Farm life insurers violated Illinois' genetic information privacy law, finding a section barring the use of genetic protected health information for underwriting purposes does not apply to life insurance companies.
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December 10, 2025
HealthEC Data Hack Class Seeks OK Of $5.5M Privacy Deal
Over 1.6 million patients affected by HealthEC's cybersecurity attack in 2023 asked a New Jersey magistrate judge for her final stamp of approval on a $5.48 million class action settlement, arguing Monday the resolution includes additional, significant benefits like Medical Shield Complete which protects them from healthcare-related fraud.
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December 10, 2025
Apple Tells Fed. Circ. ITC Move Boosts Watch Case Appeal
Apple Inc. has told the Federal Circuit that the U.S. International Trade Commission's decision last month to review whether a redesigned Apple Watch infringes Masimo Corp. patents "underscores the need" for the appeals court to reverse the ITC's original infringement finding.
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December 09, 2025
Cooley Adds 30-Person Life Sciences IP Team From Dechert
A trio of Dechert LLP partners, including the co-chair of its global intellectual property practice, have joined Cooley LLP alongside a team of special counsel, associates and patent agents, the firm announced Tuesday.
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December 05, 2025
Ga. Billing Firm Says Lack Of Harm Dooms Data Breach Row
A Georgia-based medical billing practice asked a federal judge to dismiss a proposed class action accusing it of failing to properly secure its patients and employees' personal information that was exposed in a September data breach, arguing the plaintiffs failed to show their data was publicly disseminated or otherwise misused.
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December 05, 2025
Meta CEO Zuckerberg Fights Privacy Suit Depo At 9th Circ.
Meta Platforms CEO Mark Zuckerberg urged a Ninth Circuit panel during a hearing Friday to scrap orders requiring him to give a limited deposition in privacy litigation over Facebook's alleged collection of health data, arguing the plaintiffs failed to exhaust alternative methods of getting the information they seek.
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December 02, 2025
Squires Institutes First PTAB Challenges Since Taking Over
U.S. Patent and Trademark Office Director John Squires has instituted four inter partes reviews and two post-grant reviews, the first Patent Trial and Appeal Board challenges to get his sign-off since he took over the institution review process.
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December 02, 2025
CVS Will Pay $37.8M To Settle Insulin Pen Overbilling Claims
CVS has agreed to pay $37.76 million to settle allegations that the major pharmacy retailer violated federal law by overdispensing and overbilling for insulin pens to government healthcare programs, federal prosecutors said Tuesday.
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December 01, 2025
Meet The Attys Arguing Gov't Subpoena Power At High Court
Law360 introduces the lawyers appearing at the U.S. Supreme Court on Tuesday in a case focused on an anti-abortion crisis center and a state attorney general's attempt to subpoena details on its donors.
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November 25, 2025
Kaiser Cleared To Pay $46M For Sharing Data With Tech Cos.
A California federal judge granted preliminary approval Tuesday to a settlement of at least $46 million from three Kaiser Permanente entities to resolve claims by 13.1 million patients across the country who say it disclosed their information to Google, Microsoft, Twitter and other third parties without consent.
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November 25, 2025
Healthcare Software Founders Sue In Del. For Sale Details
A couple who sold their healthcare software business to an interest of Elevate RCM Holdings LLC before the buyer allegedly resold it for a reported $1 billion sued for company records in Delaware's Court of Chancery late Monday, seeking documents needed to confirm the deal's fairness.
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November 24, 2025
HHS Says It Plans To Resume Sharing Medicaid Info With ICE
The U.S. Department of Health and Human Services has completed a decision-making process and established a new policy under which the agency will share certain Medicaid information with U.S. Immigration and Customs Enforcement, according to a notice published in the Federal Register on Monday.
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November 24, 2025
DOJ Demand For Pa. Transgender Patient Records Blocked
A Pennsylvania federal judge partially quashed part of a U.S. Department of Justice subpoena seeking health records for minors receiving gender-affirming care at The Children's Hospital of Philadelphia, ruling that the department lacked the statutory authority "for a rambling exploration" of medical files involving state-sanctioned medical care.
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November 20, 2025
Where Apple And Masimo's Watch Patent Fight Stands Now
The high-octane fight between Apple and Masimo over smartwatch patents escalated again last week, when a California federal jury hit Apple with a $634 million infringement verdict and the U.S. International Trade Commission agreed to assess whether its redesigned products infringe Masimo's patents.
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November 19, 2025
DaVita Reaches Tentative Deal In Patients' Data Breach Suit
DaVita Inc. has reached a settlement in principle with current and former patients of the healthcare company who alleged in Colorado federal court that it did not adequately protect their personal information, resulting in an April data breach.
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November 19, 2025
Whoop Blood Pressure Tracker Hit With False Ad Suit
A consumer on Tuesday hit health and wellness wearable tech company Whoop Inc. with a proposed class action in California federal court alleging that its boasting of the blood pressure features of its fitness tracker duped consumers and prompted a warning from health regulators.
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November 18, 2025
Doctors, Lawmakers Fight Downcoding, Citing Patient Harm
Healthcare providers are sounding the alarm on automated downcoding, an aggressive cost-saving strategy by health insurers. While health plans say downward coding combats improper upcoding, the issue has the attention of state lawmakers and triggered a lawsuit against UnitedHealthcare.
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November 17, 2025
Telehealth Co. Hims Sued Over College Student's Suicide
The family of a Washington State University student who died by suicide have sued telehealth company Hims & Hers Health Inc. in Washington state court, alleging their son was negligently prescribed an antidepressant known to carry a risk of suicide in adolescents despite his history of self-harm.
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November 17, 2025
Patients Net $2.55M Deal To End Plasma Co. Data Breach Case
A group of patients is seeking a final seal of approval from a North Carolina federal judge on their $2.55 million settlement with a plasma collection company accused of failing to safeguard their personal data from hackers in an April 2024 data breach.
Expert Analysis
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3 Takeaways From Recent Cyberattacks On Healthcare Cos.
For the healthcare industry, the upward trend in styles of cyberattacks, costs, and entities targeted highlights the critical importance of proactive planning to help withstand the operational, legal and reputational turmoil that can follow a data breach, say attorneys at Troutman Pepper.
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How Focus On Menopause Care Is Fueling Innovation, Access
Recent legislative developments concerning the growing field of menopause care are creating opportunities for increased investment and innovation in the space as they increase access to education and coverage, say attorneys at Kirkland.
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International Ramifications Of Canada's Health AI Moves
Recent artificial intelligence developments in Canada's health industry are creating ripple effects for global investors, cross-border innovators and legal practitioners, and may create opportunities for U.S. companies rethinking their international strategies, says Atoussa Mahmoudpour at AMR Law.
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Maintaining Legal Compliance For GenAI In Life Sciences
As companies continue to implement generative artificial intelligence to enhance all phases of drug discovery, they must remain mindful of legal, regulatory and practical considerations as best practices in this space emerge and evolve, say attorneys at Sullivan & Cromwell.
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7 Considerations For Conducting Drug Clinical Trials Abroad
With continuing cuts to U.S. Food and Drug Administration staffing motivating some pharmaceutical companies to consider developing drugs abroad, it's important to understand the additional risks and compliance requirements associated with conducting clinical studies in other countries, say attorneys at Morgan Lewis.
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Compliance Lessons From Warby Parker's HIPAA Fine
The U.S. Department of Health and Human Services' civil money penalty against Warby Parker highlights the emerging challenges that consumer-facing brands encounter when expanding into healthcare-adjacent sectors, with Health Insurance Portability and Accountability Act compliance being a potential focus of regulatory attention, say attorneys at Saul Ewing.
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A Look At AI Benefits And Risks In Global Development Efforts
In areas like healthcare and law, artificial intelligence can play a transformative role in achieving the U.N.'s 2030 agenda for creating a more equitable, prosperous and sustainable world, but if not properly managed, AI could hinder global development efforts and widen existing gaps within society, say attorneys at Winston & Strawn.
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What's Next For Lab Test Regulation Without FDA Authority
A recent Texas federal court decision vacating the U.S. Food and Drug Administration's final rule that would apply FDA regulations to laboratory-developed tests signals potential positive impacts in the diagnostic space, and could inspire more healthcare entities to litigate against the government, say attorneys at Hooper Lundy.
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23andMe Case Highlights Privacy Complexities In Ch. 11
Attorneys at Pryor Cashman discuss the interplay between a sale of personally identifiable information and bankruptcy law in light of genetics and health company 23andMe's recent filing for Chapter 11 relief.
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10 Practical Takeaways From FDA's Biopharma AI Guidance
Recent guidance from the U.S. Food and Drug Administration provides much-needed insight on the usage of artificial intelligence in producing information to support regulatory decision-making regarding drug safety, with implications ranging from life cycle maintenance to AI tool acquisition, say attorneys at Covington.
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How Health Cos. Can Navigate Data Security Regulation Limbo
Despite the Trump administration's freeze on proposed updates to the Health Insurance Portability and Accountability Act security rule, there are critical cybersecurity steps healthcare organizations can take now without clear federal guidance, says William Li at Axiom.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Dispelling 10 Myths About Health Provider-Based Compliance
Congress appears intent on requiring hospitals to submit provider-based attestations for all off-campus outpatient hospital locations, so now is the time for hospitals to prepare for this change by understanding common misconceptions about provider-based status and proactively correct noncompliance, say attorneys at McDermott.