Policy & Compliance

  • January 22, 2026

    Yale Hospital Wants Infant Death Verdict Reduced By $30M

    Yale University and Yale New Haven Hospital on Thursday asked a Connecticut judge to reduce a $32 million infant death verdict to just $2 million, saying damages for the loss of enjoyment of life cannot be awarded in addition to damages for the infant's death itself.

  • January 22, 2026

    Docs Ask NJ Justices To Send Allstate RICO Case To Arbitration

    Medical providers facing a racketeering suit from Allstate units pressed the New Jersey Supreme Court on Thursday to compel the insurers to arbitrate even large-scale fraud and racketeering claims tied to personal injury protection benefits under the state's no-fault statute, as the justices questioned whether that was feasible.

  • January 22, 2026

    FDA Action Shouldn't Halt Amazon Labeling Suit, Plaintiffs Say

    Shoppers accusing Amazon of failing to make required disclosures on dietary supplement product pages told a Washington federal judge there's no need to pause their proposed class action amid possible rulemaking by the U.S. Food and Drug Administration, arguing that the supposed rule change wouldn't negate the suit's claims under California law.

  • 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.

  • January 22, 2026

    Arnall Golden Starts Gender-Affirming Care Defense Team

    Arnall Golden Gregory LLP has started a team to defend healthcare providers and others who are facing federal investigations and enforcement actions over gender-affirming care.

  • 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.

  • January 22, 2026

    Investors Drop LA Law Firm From Bioscience Fraud Suit

    A group of investors including a "Toy Story" screenwriter pursuing an $87 million fraud suit against a bioscience company in California state court has agreed to drop claims against a California law firm and its name partner, with the firm in turn withdrawing an anti-SLAPP motion it filed in the suit.

  • 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.

  • 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.

  • 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.

  • 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.  

  • 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.

  • January 20, 2026

    Childhood Vax Recs, 'Skinny Label' Case And More In Court

    Law360 Healthcare Authority looks at a challenge by the American Academy of Pediatrics to recent changes in federal childhood vaccine recommendations, a patent case set for U.S. Supreme Court review concerning "skinny labels" on generic drugs and other significant litigation developments impacting the healthcare industry this week.

  • January 20, 2026

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 48 Practice Group of the Year awards among them, achieving milestones such as high-profile litigation wins at the U.S. Supreme Court and 11-figure merger deals.

  • January 20, 2026

    NC Doctor Cites 6th Circ. In Bid For New Medicare Fraud Trial

    A North Carolina doctor who was convicted of participating in an $11 million Medicare fraud has asked a federal court for a new trial, pointing to a recent Sixth Circuit decision that overturned the conviction of another doctor involved in the same scheme.

  • January 20, 2026

    NY Judge Orders SD To Pause Action Against Abortion Ads

    A New York federal judge has temporarily barred South Dakota officials from taking action against an abortion rights group that launched an advertising campaign in the state promoting its website, which explains how to order abortion medication online.

  • January 20, 2026

    'Battery' Led To $32M Yale Hospital Verdict, Parents Say

    A Connecticut mother and father have urged a state superior court judge not to rethink a $32 million bench trial verdict against Yale University and its affiliated Yale New Haven Hospital surrounding the death of a premature baby fed a diet fortified with a cow's milk product.

  • January 20, 2026

    NJ Sues Nursing Home Owners Over Missing Medicaid Funds

    The New Jersey Office of the State Comptroller has demanded the owners of two Garden State nursing homes repay millions in Medicaid funds the office recently found they diverted to themselves while neglecting their facilities' residents, according to a complaint filed Monday.

  • January 20, 2026

    California Insurance Mandates Equal Access To IVF

    California became the nation's most populous state to mandate in vitro fertilization coverage for large group insurance plans. Health advocates say the new law's inclusive definition of "infertility" ensures greater access.

  • January 20, 2026

    Justices Say State Med Mal Laws Don't Apply In Federal Court

    The U.S. Supreme Court on Tuesday ruled that a Delaware medical malpractice statute clashes with federal rules of procedure and is therefore unenforceable in federal court, saying the state law unfairly asks for evidence early on in a case.

  • January 20, 2026

    Justices Ax 6th Circ. Abortion Order Amid Loper Bright Outcry

    The U.S. Supreme Court on Tuesday erased a Sixth Circuit decision allowing abortion-related conditions on family planning grants, a victory for Tennessee officials who accused the circuit of flouting the high court's landmark rejection of judicial deference to regulators.

  • January 16, 2026

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2025, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.

  • January 16, 2026

    SEC Fines Biopharma Co. Execs Over Hidden FDA Findings

    Former executives of Spero Therapeutics will pay over $187,000 to settle the U.S. Securities and Exchange Commission's claims they downplayed the likelihood that the U.S. Food and Drug Administration would reject the biopharmaceutical company's new drug application in 2022, the commission said on Friday.

  • January 16, 2026

    Planned Parenthood Can Challenge Heartbeat Act, Court Says

    A Texas appeals court on Friday found that Planned Parenthood has standing to challenge the state law that empowers ordinary citizens to prosecute abortion providers, saying Planned Parenthood has done enough to launch a pre-enforcement challenge to the law.

  • January 16, 2026

    Oversight Head Seeks Help From CMS On NY Medicaid Inquiry

    House Oversight and Government Reform Committee Chair James Comer, R-Ky., asked the Centers for Medicare & Medicaid Services on Friday to aid the committee's investigation into whether New York has wrongfully withheld funds for hospitals disproportionately serving Medicaid recipients and uninsured people.

Expert Analysis

  • Arguing The 8th Amendment For Reduction In FCA Penalties

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    While False Claims Act decisions lack consistency in how high the judgment-to-damages ratio in such cases can be before it becomes unconstitutional, defense counsel should cite the Eighth Amendment's excessive fines clause in pre-trial settlement negotiations, and seek penalty decreases in post-judgment motions and on appeal, says Scott Grubman at Chilivis Grubman.

  • $95M Caremark Verdict Should Put PBMs On Notice

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    A Pennsylvania federal judge’s recent ruling that pharmacy benefits manager CVS Caremark owes the government $95 million for overbilling Medicare Part D-sponsored drugs highlights the effectiveness of the False Claims Act, as scrutiny of PBMs’ outsized role in setting drug prices continues to increase, say attorneys at Duane Morris.

  • DOJ Actions Signal Rising Enforcement Risk For Health Cos.

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    The U.S. Department of Justice's announcement of a new False Claims Act working group, together with the largest healthcare fraud takedown in history, underscore the importance of sophisticated compliance programs that align with the DOJ's data-driven approach, say attorneys at Debevoise.

  • Spotlight On Medicare Marketing Practices Enforcement Trend

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    Recent U.S. Department of Justice actions, including its recent Medicare kickback allegations in Shea v. eHealth, demonstrate increasing enforcement scrutiny on Medicare Advantage marketing practices, say Ellen London at London & Naor, Li Yu at Bernstein Litowitz and Erica Hitchings at the Whistleblower Law Collaborative.

  • Federal Regs Order May Spell Harsher FDCA Enforcement

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    A recent executive order aimed at reducing criminal prosecutions of those who unknowingly violate complex federal regulations may actually lead to more aggressive felony indictments under the Federal Food, Drug and Cosmetic Act, but companies and executives can mitigate risks by following several key principals, say attorneys at McGuireWoods.

  • What High Court's Tenn. Trans Care Ruling Means Nationally

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    The U.S. Supreme Court's decision in U.S. v. Skrmetti, upholding a Tennessee ban on gender-affirming medical care for minors, is fairly limited in scope and closely tailored to the specific language of Tennessee's law, but it may have implications for challenges to similar laws in other states, say attorneys at Hall Render.

  • High Court ACA Ruling May Harm Preventative Care

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    The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.

  • Rising Enforcement Stakes For Pharma Telehealth Platforms

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    Two pieces of legislation recently introduced in Congress could transform the structure and promotion of telehealth arrangements as legislators increasingly scrutinize direct-to-consumer advertising platforms, potentially paving the way for a new U.S. Food and Drug Administration policy with bipartisan support, say attorneys at Sheppard Mullin.

  • 3 Judicial Approaches To Applying Loper Bright, 1 Year Later

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    In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.

  • How Providers Can Brace For Drug Pricing Policy Changes

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    Though it's uncertain which provisions of the Trump administration's executive order aimed at addressing prescription drug costs will eventually be implemented, stakeholders can reduce potential negative outcomes by understanding pathways that could be used to effectuate the order's directives, say attorneys at McDermott.

  • Debunking 4 Misconceptions Around Texas' IV Therapy Law

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    Despite industry confusion, an IV therapy law enacted in Texas last week may actually be the most business-friendly regulatory development the medical spa industry has seen in recent years, says Keith Lefkowitz at Hendershot Cowart.

  • Legacy Of 3 Justices Should Guide Transgender Rights Ruling

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    Three Republican-appointed U.S. Supreme Court justices — Anthony Kennedy, Sandra Day O'Connor and David Souter — gave rise to a jurisprudence of personal liberty that courts today invoke to protect gender-affirming care, and with the court now poised to decide U.S. v. Skrmetti, it must follow the path that they set, says Greg Fosheim at McDermott.

  • Recent Reports Shed Light On Section 340B's Effectiveness

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    Recent analyses of the Section 340B program's effectiveness in helping patients afford drugs in Minnesota reinforce concerns about the program's lack of transparency and underscore the need for further evaluation of whether legislative reform should be enacted, say William A. Sarraille at the University of Maryland, and Andrée-Anne Fournier and Molly Frean at Analysis Group.