Policy & Compliance

  • 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.

  • August 25, 2026

    Trump Not Likely to Change Direction of School Vaccine Law

    States that don't allow religious exemptions to school vaccine mandates have often prevailed in legal challenges. Despite renewed pressure from the Trump administration, legal experts expect the winning streak to go on.

  • August 25, 2026

    HHS Info Request Signals Potential Shift In Vax Policy

    The U.S. Department of Health and Human Services showed skepticism about "top-down mandates" and broad vaccine recommendations. It sets the stage for overhauling how the government delivers its vaccine recommendations.

  • August 25, 2026

    Geico Says NJ Top Court Upends 3rd Circ. Arbitration Ruling

    Geico urged a New Jersey federal court to reject medical clinics' bid to dismiss remaining claims in a lawsuit alleging they fraudulently billed no-fault patients, saying that a recent state supreme court ruling bolsters the insurer's argument that complex insurance fraud claims do not belong in arbitration.

  • August 25, 2026

    6th Circ. Urged To Affirm Tobacco Fee Suit Toss

    A trade group representing large employee benefit plan administrators wrote in support of insurance giant Progressive at the Sixth Circuit, asking the appellate court to back dismissal of a proposed class action alleging the insurer wrongfully charged workers more for healthcare who used tobacco and refused COVID-19 vaccination. 

  • August 25, 2026

    Judge Allows Hospital Groups To Fight AbbVie 340B Suit

    A D.C. federal judge will allow hospitals and health center groups to intervene on the side of the government as it fights AbbVie's challenge to the definition of "patient" in the 340B drug discount program, ruling that the providers would suffer concrete financial harm if the pharmaceutical company's interpretation prevails.

  • August 25, 2026

    Vedder Adds Benefits And Exec Comp Pro From Winston Taylor

    Vedder has added a seasoned employee benefits and executive compensation partner from Winston Taylor LLP to join its practice as a new shareholder in Chicago, where she will advise clients on a wide range of retirement, health and welfare benefits issues, the firm announced Tuesday.

  • August 24, 2026

    'So What?': Albertsons Judge Skeptical Of Wash. Opioid Suit

    A Washington state judge considering Albertsons' mid-trial motion to dismiss allegations it fueled the state's opioid epidemic told lawyers for the state Monday that while they might have shown the pharmacy chain failed to implement an adequate monitoring system, she's still skeptical the company's conduct actually caused the overdose crisis.

  • August 24, 2026

    Merck Loses HHS Suit Over Medicare Drug Price Program

    A D.C. federal judge shot down Merck's challenge to the Inflation Reduction Act's Drug Price Negotiation Program on Monday, ruling that the pharmaceutical giant's voluntary participation in connected Medicare and Medicaid programs meant that its inclusion in the negotiation program doesn't constitute an unconstitutional taking.

  • August 24, 2026

    Colo. Judge Certifies Class In Hospital Gender Care Suit

    A Colorado state judge granted class certification in transgender adolescents' lawsuit seeking to have Children's Hospital Colorado resume providing gender-affirming medical care for them and other transgender youth patients.

Expert Analysis

  • 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.

  • Ramped Up Psychedelic Production Carries Opportunity, Risk

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    Kimberly Chew at Husch Blackwell discusses the key legal implications of the U.S. Drug Enforcement Administration's recent dramatic increases in the production quotas for a range of psychedelic substances, offering guidance on compliance, risk management and strategic opportunities for practitioners navigating this rapidly evolving landscape.

  • New Biotech Nat'l Security Controls May Have Blunted Impact

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    While the newly enacted federal prohibition against contracting with certain biotechnology providers associated with countries of concern may have consequences on U.S. companies' ability to develop drugs, the restrictions may prove to be less problematic for the industry than the significant publicity around their passage would suggest, say attorneys at Wilson Sonsini.

  • Takeaways From The DOJ Fraud Section's 2025 Year In Review

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    Former acting Principal Deputy Chief Sean Tonolli of the U.S. Department of Justice's Fraud Section, now at Cahill Gordon, analyzes key findings from the section’s annual report — including the changes implemented to adapt to the new administration’s priorities — and lays out what to watch for this year.

  • Traditional FCA Enforcement Surges Amid Shifting Priorities

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    The U.S. Department of Justice’s January report on False Claims Act enforcement in fiscal year 2025 reveals that while the administration signaled its intent to expand FCA enforcement into new areas such as tariffs, for now the greatest exposure remains in traditional areas like healthcare — in which the risk is growing, say attorneys at Debevoise.

  • 3 Key Ohio Financial Services Developments From 2025

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    Ohio's banking and financial services sector saw particularly notable developments in 2025, including a significant Ohio Supreme Court decision on creditor disclosure duties to guarantors in Huntington National Bank v. Schneider, and some major proposed changes to the state's Homebuyer Plus program, says Alex Durst at Durst Kerridge.

  • Rescheduling Cannabis Marks New Tax Era For Operators

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    As the attorney general takes steps to move cannabis from Schedule I to Schedule III of the Controlled Substances Act, operators and advisers should prepare by considering the significant changes this will bring from tax, state, industry and market perspectives, says Michael Harlow at CohnReznick.

  • Justices' Med Mal Ruling May Spur Huge Shift For Litigators

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    The U.S. Supreme Court’s recent decision in the medical malpractice suit Berk v. Choy, holding that a Florida procedural requirement does not apply to medical malpractice claims filed in federal court, is likely to encourage eligible parties to file claims in federal court, speed the adjudicatory process and create both opportunities and challenges for litigators, says Thomas Kroeger at Colson Hicks.

  • 5 Drug Pricing Policy Developments To Watch In 2026

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    2026 may prove to be a critical year for drug pricing in the U.S., with potential major shifts including several legislative initiatives moving forward after being in the works for years, and more experimentation on the horizon concerning GLP-1s and Section 340B pricing, say attorneys at Manatt.

  • Regulatory Uncertainty Ahead For Organ Transplant System

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    Pending court cases against a Centers for Medicare and Medicaid Services final rule that introduced a competition-centric model for assessing organ procurement organizations' performance will significantly influence the path forward for such organizations and transplant hospitals, say attorneys at Crowell & Moring.

  • Key False Claims Act Trends From The Last Year

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    The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

  • It's Too Soon To Remove Suicide Warnings From GLP-1 Drugs

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    The U.S. Food and Drug Administration's decision this month to order removal of warnings about the risk of suicidal thoughts from GLP-1 weight-loss drugs is premature — and from a safety and legal standpoint, the downside of acting too soon could be profound, says Sean Domnick at Rafferty Domnick.

  • What To Know About DOL's New FLSA, FMLA Opinion Letters

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    The U.S. Department of Labor kicked off 2026 by releasing several opinion letters addressing employee classification, incentive bonuses and intermittent leave, reminding employers that common practices can create significant risk if they are handled inconsistently or without careful documentation, say attorneys at Woods Rogers.