Policy & Compliance

  • August 28, 2026

    Mylan, Lannett, Others Can't Split Up Humana Generics Trial

    A Pennsylvania federal judge refused Friday to let Mylan, Lannett and other generic-drug makers split up Humana's looming price-fixing trial between liability and damages, preferring a single go in front of a single jury for the first trial in the sprawling multidistrict litigation.

  • August 28, 2026

    NJ Says TikTok Is Withholding Key Child Usage Data

    New Jersey urged a state judge to force TikTok to hand over detailed user engagement data the state said was essential in proving that the platform's design harmed children, accusing the company of months of evasive answers, shifting explanations and contradictory statements about whether the information even exists.

  • August 28, 2026

    Medical Marijuana Industry Grapples With DEA's New Role

    After years of allowing the state-sanctioned medical marijuana industry to operate without interference, the U.S. Drug Enforcement Administration is stepping in to regulate a drug it once treated exclusively as contraband, but attorneys and regulators say the cannabis industry's interactions with the agency are off to a rocky start.

  • August 28, 2026

    Fla. Says PBMs Fixed Prices For Prescription Drugs

    Florida's attorney general on Thursday sued two competing pharmacy benefit managers for allegedly colluding to fix prescription drug reimbursement rates to pharmacies, which the state said threatens Floridians' access to affordable medications.

  • August 28, 2026

    4 Arguments For Benefits Attys To Watch In September

    The Fifth Circuit will weigh Louisiana's bid to block telehealth access to the abortion drug mifepristone, while the Fourth Circuit will hear Lockheed Martin's challenge to a trial court decision that kept a pension de-risking suit alive. Here's a look at these and other argument sessions that should be on benefits attorneys' radar next month.

  • August 27, 2026

    PBMs Hammer Opioid Judge In Last-Ditch Gambit At 6th Circ.

    An Ohio federal judge knowingly flouted a Sixth Circuit rebuke by forcing two of the largest remaining defendants in multidistrict opioid litigation to either "settle for enormous sums or litigate for years hundreds of cases," says a Thursday petition urging the appeals court to intervene.

  • August 27, 2026

    Albertsons Loses Bid For Midtrial Win In Wash. Opioid Case

    Albertsons can't escape the state of Washington's lawsuit accusing the pharmacy chain and its Safeway subsidiary of contributing to the state's opioid crisis, a state judge ruled Thursday in denying the company's bid to dismiss the case midtrial.

  • August 27, 2026

    CVS Must Face Investor Claims Over AI Use Omissions

    A New York federal judge trimmed a proposed investor class action Thursday that alleges CVS Health Corp. concealed that its profitability was largely driven by its use of artificial intelligence, allowing the case to proceed on "actionable half-truths" that the company misrepresented the effects of its AI use.

  • August 27, 2026

    States' Suit Says HHS Terms Threaten Family Planning Dollars

    Twenty-three states launched a lawsuit in Maryland federal court Thursday challenging the U.S. Department of Health and Human Services' new conditions on federal funding for family planning services that they say would require recipients end support for "gender ideology," abandon diversity programming and drive patients toward parenthood and marriage.

  • August 27, 2026

    What Kaiser's D&O Win Means For 'Return Of Funds' Fights

    A California federal judge's ruling that the Kaiser Foundation Health Plan was not automatically prohibited from claiming coverage for multiplied damages that were part of a $581 million False Claims Act settlement provided policyholders with a guide to defeating a common dispute. Freya Bowen, counsel at Neal Gerber & Eisenberg LLP's insurance recovery practice, spoke to Law360 about the purpose of what is known as the return of funds exclusion and about how the court's focused inquiry was the product of a policyholder strategy that can prove useful in future D&O disputes.

  • August 27, 2026

    Website Arbitration Pact Can't Thwart Caremark ERISA Suit

    A New York federal judge narrowed a suit accusing CVS Caremark of improperly denying coverage for a specific GLP-1 drug but kept the bulk of the case in court, finding that an arbitration agreement featured on the company's website doesn't apply to benefit plans.

  • August 27, 2026

    Colo. Hospital Can't Split Discovery In Retirement Funds Suit

    A Colorado federal judge rejected a faith-based nonprofit hospital's bid for the court to bifurcate discovery in a lawsuit brought by former employees accusing the health system of mismanaging their retirement funds, finding the requested action "would hinder judicial economy."

  • August 26, 2026

    5th Circ. Upholds Drug Negotiations In Blow To Big Pharma

    Medicare's landmark program of drug price negotiations doesn't flout constitutional provisions involving the separation of powers, due process or excessive fines, the Fifth Circuit ruled late Wednesday, delivering a fresh blow to the pharmaceutical industry's campaign to tee up U.S. Supreme Court review.

  • 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.

Expert Analysis

  • 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.

  • CMS Healthcare Enforcement Initiatives May Cause Disruption

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    The Centers for Medicare & Medicaid Services' recently announced enforcement actions against healthcare fraud mark a significant escalation, and CMS' prior approach in the hospice sector suggests that even compliant providers and suppliers should brace for impact, say attorneys at Morgan Lewis.

  • What We Know About DOJ's New FCA Enforcement Priorities

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    Recent remarks from the leader of the Justice Department’s commercial litigation branch provide key insights on how False Claims Act cases — especially healthcare fraud, trade fraud, antidiscrimination and cybersecurity claims — will be evaluated, prioritized and pursued as heightened enforcement becomes the new normal, say attorneys at Latham.

  • How PBMs Can Adapt To Plan Sponsors' Disclosure Demands

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    As federal reforms, growing state regulation and litigation threats push plan sponsors to expect visibility into revenue streams, pharmacy benefit managers should leverage transparency strategically, including by simplifying how they get paid, offering clients audit-ready data and co-designing contracts that are easy for fiduciaries to explain and defend, says Kristie Blase at Frazer + Blase.

  • How To Engage With Gov't's Direct-To-Consumer Drug Policy

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    The U.S. Department of Health and Human Services' recent request for industry input on manufacturers' direct-to-consumer drug sales reflects the government's caution in this arena, and allows stakeholders a rare opportunity to help shape policy, says Mary Kohler at Kohler Health Law.

  • When Fraud Involvement Disqualifies FCA Whistleblowers

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    A Massachusetts federal court's recent dismissal of a False Claims Act relator in U.S. ex rel. Perry v. First Psychiatric Planners provides instructive insight into when whistleblowers may be denied their share of settlement proceeds, even if their involvement in the underlying fraud is a step removed, say attorneys at Holland & Knight.

  • Lessons From Justices' Split On Major Questions Doctrine

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    The justices' varied opinions in Learning Resources v. Trump, which held the International Emergency Economy Powers Act did not confer the power to impose tariffs, offer a meaningful window into the U.S. Supreme Court's perspective on the major questions doctrine that will likely shape lower courts' approach to executive action challenges, say attorneys at Venable.

  • Drug Wholesaler's DPA Shows Imperfect Efforts Still Count

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    Atlantic Biologicals’ recent deferred prosecution agreement with federal prosecutors for allegedly distributing controlled substances to pill mill pharmacies demonstrates that even subpar cooperation, when combined with genuine remediation and strategic advocacy, can yield outcomes that protect a company's long-term interests, says Jonathan Porter at Husch Blackwell.

  • Key Takeaways As HRSA Aims To Revive 340B Rebate Pilot

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    The U.S. Department of Health and Human Services' recent request for feedback on the 340B Rebate Model Pilot Program demonstrates that it intends to correct the model's procedural defects, which is positive news for participating manufacturers, but a setback for covered entities, say attorneys at Manatt.