Policy & Compliance
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February 19, 2026
Texas Suit Says Sanofi Paid Kickbacks For Prescriptions
Texas Attorney General Ken Paxton sued Sanofi-Aventis US LLC in state court Thursday, accusing the pharmaceutical company of paying kickbacks to providers so they would prescribe Sanofi's drugs.
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February 19, 2026
Red State AGs Back La. Bid To Halt Eased Abortion Pill Rules
A coalition of 21 Republican state attorneys general, led by Nebraska, urged a federal judge to grant Louisiana's bid to block the U.S. Food and Drug Administration's 2023 rules easing access to the abortion drug mifepristone, arguing that the policy undermines states' authority to enforce their own abortion laws and imposes a "pocketbook injury" on states.
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February 19, 2026
EEOC, Urology Co. Secure OK For Pregnancy Bias Settlement
An Oklahoma federal judge signed off on a $90,000 deal on Thursday to end a U.S. Equal Employment Opportunity Commission suit claiming a urology practice placed a pregnant employee on unpaid leave rather than allow her to sit on the job.
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February 19, 2026
Conn. Medical Office Faces 3 'Insomnia' Data Breach Suits
A Connecticut medical practice failed to secure its patients' and employees' private information ahead of a ransomware attack that likely affected thousands of people, then flouted its duty to provide the victims with proper notice, according to three proposed class actions filed in the past week.
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February 19, 2026
Texas Panel Unsure Midwife Can Escape Abortion Order
A Texas appellate court pushed back on a midwife's assertion that a court order blocking her from providing abortions flouted the state's rules of civil procedure, saying Thursday she wasn't facing the lawsuit "for doing appendectomies."
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February 19, 2026
Pharma Group Asks 1st Circ. To Ax RI's 340B Drug Price Law
A pharmaceutical trade group has urged the First Circuit to overturn a district court's order siding with a Rhode Island law that bars drug manufacturers from blocking hospitals and clinics from contracting with outside pharmacies to dispense discounted drugs under the federal 340B Discount Drug Program.
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February 19, 2026
Scientist Must Give Splenda Maker Emails With In-House Attys
A scientist battling a lawsuit by the maker of Splenda over her research linking the artificial sweetener to cancer-causing chemicals must turn over emails with her employer's in-house counsel, a North Carolina magistrate judge ruled, finding they are not protected by privilege.
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February 19, 2026
Northwell Health Should Beat Pension Plan Suit, Judge Says
Northwell Health inched closer to escaping a proposed class action alleging the hospital system hid cuts to workers' pension plans when converting to a cash-balance plan in the late 1990s, after a New York federal magistrate judge held disclosures about plan changes complied with federal benefits law.
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February 19, 2026
Harvard Docs Get Censored Articles Permanently Restored
The Trump administration agreed to maintain the court-ordered restoration of articles penned by Harvard Medical School researchers that contained references to the LGBTQ+ community after they had previously been scrubbed from a government-hosted website.
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February 18, 2026
Blue Shield Of Calif. Says 'Ghost Network' Action Falls Flat
Trouble finding a mental health care therapist is unfortunate but not something that an entire class action can be based on, argued Blue Shield of California, urging a federal judge to dismiss a suit accusing the company of maintaining a "ghost network" directory of providers who don't exist or don't accept new patients.
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February 18, 2026
Sandoz's Case Against Amgen Over Enbrel Biosimilar Tossed
A Virginia federal court found that Sandoz Inc. should have brought its claims accusing Amgen of blocking competition for Enbrel in a previous patent dispute over the blockbuster autoimmune disease treatment.
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February 18, 2026
RFK Jr.-Founded Group Seeks Role In Vaccine Lawsuit
An organization founded by Robert F. Kennedy Jr. asked a Massachusetts federal judge on Wednesday to let it join the U.S. Department of Health and Human Services secretary as a defendant in a lawsuit challenging recent changes to childhood vaccination schedules so the group can pursue counterclaims against the plaintiffs.
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February 18, 2026
J&J Unit Appeals $442M Catheter Antitrust Loss To 9th Circ.
Johnson & Johnson's Biosense Webster health tech unit urged the Ninth Circuit to overturn a California federal jury's $147 million antitrust verdict — later upped to $442 million — over the company withholding cardiac mapping support to hospitals using third-party reprocessed catheters, saying Innovative Health LLC didn't prove its allegations of unlawful tying.
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February 18, 2026
Meta Pixel Tracking Suit Tossed Over Lack Of Standing
A North Carolina federal judge has ruled that a prospective class of Nurse.com users lacked standing to sue the website's operator for Video Privacy Protection Act violations for allegedly sharing customers' information with Meta Platforms Inc. without permission.
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February 18, 2026
4th Circ. Backs Military Policy Banning HIV-Positive Enlistees
The Fourth Circuit on Wednesday upheld a U.S. Department of Defense policy that bans HIV-positive Americans from enlisting, deferring to the military's judgment that it must have healthy and fit service members who do not require consistent treatment for chronic medical conditions.
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February 18, 2026
Texas AG Says Hospital Violated Gender-Affirming Care Ban
Texas Attorney General Ken Paxton sued the Children's Health System of Texas on Wednesday, alleging it performed gender-affirming care on children through puberty blockers and cross-sex hormones despite a state law banning the treatments.
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February 18, 2026
Conn. Doctor Accused Of Taking Patient Data Must Pay $509K
An obstetrician-gynecologist must pay about $509,000 to her former practice, which is suing her for allegedly pilfering its patients and trade secrets, after a Connecticut state judge confirmed an arbitration award against her that arose from her own accusations of unpaid compensation.
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February 18, 2026
FDA Changes Mind, Will Review Moderna MRNA Flu Vaccine
Moderna on Wednesday said that the U.S. Food and Drug Administration has decided to review its application for its influenza vaccine, a week after the agency refused to consider the application for the new experimental vaccine.
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February 18, 2026
Anti-Abortion Clinics Lose Free Speech Suit Over Mass. Ads
A Massachusetts federal judge has tossed a lawsuit over a state-funded ad campaign warning consumers about potentially misleading or inaccurate information provided by a group of anti-abortion pregnancy resource centers, finding that the state hadn't prohibited the clinics from operating — and that the public officials have the same free speech rights as the clinics.
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February 17, 2026
Chancery Disallows Arbitration In No Surprises Act Cases
In a "narrow" first impression ruling, a Delaware magistrate in Chancery has rejected claims that the federal No Surprises Act provides for a narrow private right to seek the enforcement of an arbitration award in litigation over medical bills involving the act.
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February 17, 2026
Judge Rips Drugmakers' Borderline 'Disingenuous' Appeal Bid
A Connecticut federal judge has rejected generic-drug makers' request for a quick appeal of his ruling denying them summary judgment on states' claims they engaged in an "overarching conspiracy" to fix prices, slamming the request for being borderline "disingenuous," mischaracterizing his reasoning and ignoring direct evidence of alleged wrongdoing.
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February 17, 2026
Oregon Racing to Block Predatory Hospice Schemes
As California's revamped laws trigger a massive crackdown on hospice fraud, Oregon lawmakers are moving to protect their residents against an influx of predatory operators. The state currently lacks robust hospice regulations, making it an attractive target for bad actors seeking a foothold as they are pushed out of neighboring markets, palliative care advocates say.
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February 17, 2026
FDA Targets 'Emotional' Ads In New Enforcement Campaign
Federal regulators' quick objection to a Novo Nordisk commercial touting its new weight loss pill as a chance to "live lighter" is designed to send a message to drugmakers and discourage them from making emotional appeals that promise patients a better life, experts say.
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February 17, 2026
Colo. Judge Allows Hospital To Pause Gender-Affirming Care
A Colorado state judge declined to reinstate gender-affirming care for transgender youth patients of Children's Hospital Colorado, ruling that ordering the hospital to resume providing the care could risk the hospital's ability to provide pediatric care to other patients.
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February 13, 2026
RFK Jr. Taps Ex-Jones Day Atty For FDA Senior Counselor
U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. has named a former Jones Day partner as one of the U.S. Food and Drug Administration's senior counselors, according to an announcement.
Expert Analysis
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What Parity Rule Freeze Means For Plan Sponsors
In light of a District of Columbia federal court’s recent decision to stay litigation challenging a Mental Health Parity and Addiction Equity Act final rule, as well as federal agencies' subsequent decision to hold off on enforcement, attorneys at Morgan Lewis discuss the statute’s evolution and what plan sponsors and participants can expect going forward.
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CMS Guidance May Complicate Drug Pricing, Trigger Lawsuits
Recent draft guidance from the Centers for Medicare & Medicaid Services proposes to expand the scope of what counts as the same qualifying single-source drug, which would significantly alter the timeline for modified drugs facing price controls and would likely draw legal challenges from innovator drug companies, say attorneys at Debevoise.
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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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Most-Favored Nation Drug Pricing Could Shake Up US Pharma
Recent moves from the executive and legislative branches represent a serious attempt to revive and refine the first Trump administration's most-favored-nations model for drug pricing, though implementation could bring unintended consequences for pharmaceutical manufacturers and will likely draw significant legal opposition, say attorneys at Morgan Lewis.
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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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FDA Commissioner Speech Suggests New Vision For Agency
In his first public remarks as U.S. Food and Drug Administration commissioner, Marty Makary outlined an ambitious framework for change centered around cultural restoration, scientific integrity, regulatory flexibility and selective modernization, and substantial enforcement shifts for the food and tobacco sectors, say attorneys at Arnall Golden.
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Customs Fraud Enforcement In The Age Of Tariffs
In the wake of the Trump administration’s new approach toward tariffs, two recent Justice Department developments demonstrate aggressive customs fraud enforcement, with the DOJ emphasizing competitive harm to American businesses, and signaling that investigations will likely involve both civil and criminal enforcement tools, say attorneys at Bernstein Litowitz and London & Naor.
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Legal Risks For Providers Discussing Psychedelic Therapies
The emergence of psychedelic therapies as potential treatments for mental health conditions and other ailments continues to garner significant attention, but the legal landscape surrounding discussions and referrals remains fraught with complexity, creating potential risks for healthcare providers and institutions, says Kimberly Chew at Husch Blackwell.
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How NY's FAIR Act Mirrors CFPB State Recommendations
New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.
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A Breakdown Of Trump's Order On Drug Pricing
The Trump administration may attempt to effectuate through rulemaking a recently issued executive order on lowering drug prices, which would likely have an adverse effect on stakeholders and trigger litigation, say attorneys at Debevoise.
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Takeaways From DOJ's 1st Wage-Fixing Jury Conviction
U.S. v. Lopez marked the U.S. Department of Justice's first labor market conviction at trial as a Nevada federal jury found a home healthcare staffing executive guilty of wage-fixing and wire fraud, signaling that improper agreements risk facing successful criminal prosecution, say attorneys at McGuireWoods.
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Deregulation Memo Presents Risks, Opportunities For Cos.
A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.
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The IRS Shouldn't Go To War Over Harvard's Tax Exemption
If the Internal Revenue Service revokes Harvard's tax-exempt status for violating established public policy — a position unsupported by currently available information — the precedent set by surviving the inevitable court challenge could undercut the autonomy and distinctiveness of the charitable sector, says Johnny Rex Buckles at Houston Law Center.