Policy & Compliance

  • August 03, 2026

    How State SG Offices Became A Judicial Pipeline

    The rapid growth of Missouri's solicitor general's office illustrates the import of top state appellate roles, which offer young lawyers a chance to gain courtroom experience they might never acquire in BigLaw. The gig is also, for young conservatives especially, one of the fastest paths to the federal bench.

  • August 03, 2026

    Workers Say OPM Unlawfully Nixed Gender-Affirming Benefits

    A group of federal employees on Monday accused the Trump administration of unlawfully eliminating coverage of gender-affirming care from their health insurance benefits, forcing thousands of transgender workers and their dependents to pay out of pocket for treatment.

  • July 31, 2026

    Law360 Names 2026's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2026, our list of more than 160 attorneys under 40 whose legal accomplishments belie their age.

  • July 31, 2026

    Case Challenging Ban On 'Conversion Therapy' Reopened

    A Washington federal judge has partly revived a family therapist's constitutional challenge of the state's prohibition on a practice commonly known as conversion therapy in the wake of the U.S. Supreme Court's March decision finding that a similar Colorado ban amounted to viewpoint discrimination against a Christian counselor.

  • July 31, 2026

    Lab, Ex-CEO, Fla. Resident To Pay $36M Over Kickback Claims

    A Texas-based laboratory, its former CEO and a Florida businessman have each entered into settlements with the U.S. government totaling $36.4 million to resolve claims they paid kickbacks and billed Medicare and Medicaid for unnecessary medical genetic testing, in violation of the False Claims Act.

  • July 31, 2026

    NC Judge Deems Alleged $55M Medicare Clawbacks Unfair

    The U.S. Department of Health and Human Services didn't give a hospital operator fair notice of its interpretation of the term "provider" in Medicare regulations that HHS relied on to claw back millions of dollars in reimbursements, a North Carolina federal judge ruled.

  • July 31, 2026

    DC Circ. Backs Ex-Steward CEO's Contempt Charge

    The D.C. Circuit on Friday upheld a U.S. Senate committee's criminal and civil contempt finding against former Steward Health Care System LLC Chief Executive Ralph de la Torre after he refused to appear before lawmakers despite a subpoena, calling his appellate arguments "wholly meritless."

  • July 31, 2026

    No Standing For NY 'Aid-In-Dying' Law Challenge, Judge Rules

    A New York federal judge tossed a challenge by disability rights organizations and individuals to a state law enacted this year allowing patients with terminal illnesses to seek a doctor's assistance in ending their lives, finding the group lacked standing.

  • July 31, 2026

    Voluntary Benefits Suits Emerge As New ERISA Battleground

    A recent crop of proposed class actions targeting employers' insurance-related voluntary benefits offerings — for things like critical illness or hospital indemnity — marks a litigation trend that appears to be gaining, experts say.

  • July 30, 2026

    Health Plans Ask 2nd Circ. To Revive Celgene Cancer Drug Row

    Health plans and pharmacies backed by Cigna are asking the Second Circuit to revive a proposed class action alleging Bristol-Myers Squibb Co. and its Celgene subsidiary fraudulently obtained patents, filed sham lawsuits and paid off generic-drug makers to maintain a monopoly on the blockbuster blood cancer drug Pomalyst.

  • July 30, 2026

    Albertsons Can't Nix 14 Years Of Opioid Claims At Wash. Trial

    Albertsons and Safeway can't dodge 14 years' worth of claims in Washington state's lawsuit accusing the grocery stores' pharmacies of irresponsibly dispensing prescription opioids and fueling the state's overdose crisis, according to a Seattle judge's ruling Wednesday striking the companies' statute-of-limitations defense.

  • July 30, 2026

    O'Reilly Auto Parts Can't Dodge Tobacco Surcharge Suit

    O'Reilly Automotive Inc. must face a former employee's lawsuit alleging he was unlawfully charged hundreds of dollars more per year for health insurance because he used tobacco, with a Missouri federal judge ruling Thursday that his claims were detailed enough to stay in court.

  • July 30, 2026

    Judge Keeps New Medicaid 'Frailty' Proof Rule In Place

    A Massachusetts federal judge late Wednesday declined to block the government from requiring medically frail Medicaid recipients to prove they are significantly impaired to avoid a new requirement that they engage in 80 hours of work or volunteering per month or attend school part-time.

  • July 29, 2026

    Albertsons Pharmacy Work Was 'House Of Cards,' Judge Told

    Albertsons pharmacists in Washington state repeatedly warned supervisors that busy workloads and limited staffing were making it difficult to review prescriptions before filling them, a state judge in Seattle heard Monday, during a bench trial in Washington's case accusing Albertsons and its Safeway subsidiary of fueling the state's opioid crisis.

  • July 29, 2026

    Novo Faces Narrowed Investor Suit Over Obesity Drug Claims

    A New Jersey federal judge narrowed a proposed securities class action against Novo Nordisk, preserving claims that it misled investors about the CagriSema obesity drug's tolerability and a flexible protocol used in a clinical trial.

  • July 29, 2026

    Colo. Hospital Patients In Gender Care Suit Seek Class Cert.

    Transgender adolescents urged a Colorado state judge Wednesday to allow them to proceed as a certified class in their lawsuit seeking to have Children's Hospital Colorado resume providing gender-affirming care for them and other transgender youth patients, arguing the class is "objectively definable."

  • July 29, 2026

    Health Economist's Report Cleared For Generic-Drug MDL

    The Pennsylvania federal judge overseeing the multidistrict litigation over generic-drug price-fixing claims has ruled that Humana's health economist's expert report can be admitted into evidence, rejecting several pharmaceutical companies' argument that his findings were based on a flawed methodology.

  • July 29, 2026

    NC Attorney General's Clash With HCA Cleared For Trial

    The North Carolina Business Court has cleared a path to trial in the state attorney general's suit accusing HCA Healthcare of letting the quality of care at Mission Hospital in Asheville languish.

  • July 28, 2026

    Ed Dept. Can't Cancel K–12 Mental Health Grants Worth $1B

    A Washington federal judge temporarily blocked the Trump administration on Tuesday from terminating nearly $1 billion in K–12 mental health grants serving 15 states, finding that the plaintiff states are likely to prove the U.S. Education Department bypassed federal procedures when attempting to cut off the funds.

  • July 28, 2026

    J&J $5.5B Talc MDL Deal, $25.4M Cooley Judgment And More

    Law360 Healthcare Authority looks at Johnson & Johnson's $5.5 billion commitment in a proposed settlement to resolve thousands of suits alleging its talcum powder products caused ovarian cancer, a New Jersey state court's order that Cooley LLP pay $25.4 million in litigation over its representation of a biotech founder, and other key resolutions in healthcare litigation over the last week.

  • July 28, 2026

    No COVID Immunity For Mich. Hospitals In Malpractice Revival

    Just because a motion is unopposed doesn't mean it should be granted, Michigan appellate judges said in a published opinion Tuesday, reversing a trial court's decision that the Pandemic Health Care Immunity Act shielded Beaumont Hospital Farmington Hills from a medical malpractice suit.

  • July 28, 2026

    Judge Mulls Pausing Medicaid Work Rule For 'Frail' Recipients

    A Massachusetts federal judge said Tuesday he anticipates deciding by the end of the week whether the Trump administration will have to pause part of a new rule states must follow in determining whether medically frail Medicaid recipients are exempt from new work or school requirements.

  • July 28, 2026

    Nursing Facility Pays $15M In Calif. AG's Understaffing Suit

    Sweetwater Care and its affiliates agreed to resolve the California attorney general's consumer protection suit alleging they understaffed their skilled nursing facilities in more than 14,000 instances, exposing patients to neglect, abuse and injury with delayed care, while the defendants accepted nearly $200 million from Medicare and Medi-Cal.

  • July 28, 2026

    340B Appellate Cases To Watch In The 2nd Half Of 2026

    Drugmakers are pressing appellate judges in the back half of 2026 to strike down state laws blocking them from restricting 340B contract pharmacy arrangements. Law360 Healthcare Authority has the cases to watch.

  • July 28, 2026

    Med Center To Pay $200K To End EEOC Disability Bias Probe

    The U.S. Equal Employment Opportunity Commission said Tuesday that a California medical center has agreed to pay $200,000 to wrap up an investigation into a nurse's claim that it violated disability bias law by firing her instead of letting her transfer to another role.

Expert Analysis

  • What Changed For Healthcare Transaction Law In 2025

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    Though much of the legislation introduced last year to expand state scrutiny of healthcare transactions did not pass, investors should pay close attention to the overarching trends, which are likely to continue in this year's legislative sessions, say attorneys at Ropes & Gray.

  • Expect State Noncompete Reforms, FTC Scrutiny In 2026

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    Employer noncompete practices are facing intensified federal scrutiny and state reforms heading into 2026, with the Federal Trade Commission pivoting to case-by-case enforcement and states continuing to tighten the rules, especially in the healthcare sector, say attorneys at DLA Piper.

  • CMS 2027 Proposal Is Mixed Bag For Medicare Advantage

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    The Centers for Medicare and Medicaid Services' recent proposed rule for the Medicare Advantage and Part D programs gives small organizations reason for optimism, although certain elements may be inconsistent with the Centers' desire to enhance competition, says Christine Clements at Sheppard Mullin.

  • 3 Key Takeaways From Planned Rescheduling Of Cannabis

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    An executive order reviving cannabis rescheduling represents a monumental change for the industry and, while the substance will remain illegal at the federal level, introduces several benefits, including improving state-legal cannabis operators' tax treatment, lowering the industry's legal risk profile, and leaving state-regulated markets largely intact, say attorneys at Dentons.

  • 6 Issues That May Follow The 340B Rebate Pilot Challenge

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    Though the Health Resources and Services Administration withdrew a pending case to reconsider the controversial 340B rebate pilot program, a number of crucial considerations remain, including the likelihood of a rework and questions about what that rework might look like, say attorneys at Spencer Fane.

  • 2026 State AI Bills That Could Expand Liability, Insurance Risk

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    State bills legislating artificial intelligence that are expected to pass in 2026 will reshape the liability landscape for all companies incorporating AI solutions into their business operations, as any novel private rights of action authorized under AI-related statutes signal expanding exposures, say attorneys at Wiley.

  • How 11th Circ.'s Zafirov Decision Could Upend Qui Tam Cases

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    Oral argument before the Eleventh Circuit last month in U.S. ex rel. Zafirov v. Florida Medical Associates suggests that the court may affirm a lower court's opinion that the qui tam provisions of the False Claims Act are unconstitutional — which could wreak havoc on pending and future qui tam cases, say attorneys at Morgan Lewis.

  • Key Trends For Life Sciences Cos. To Watch In 2026

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    Following a year of drastic change at the U.S. Food and Drug Administration, two themes are likely to drive the coming year — a commitment to lowering the cost of drugs and an inherent tension between the priorities of the health agencies and the broader administration, say attorneys at Sheppard Mullin.

  • The Next Pressure Point In Digital Health: Informed Consent

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    Two new federal digital health initiatives will usher in a new era where virtual care, software-enabled devices and home-based monitoring are integrated into care and reimbursement models, with the impact of shifting rules and opportunities felt most immediately in the context of informed consent, says Kimberly Chew at Husch Blackwell.

  • 4 Trends Shaping Drug And Medical Device Law For 2026

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    2025 saw some significant legal developments with potential impact for drug and device manufacturers, ranging from growing skepticism in science and regulatory entities to new regulation of artificial intelligence, say attorneys at Faegre Drinker.

  • Preparing For Congressional Investigations In A Midterm Year

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    2026 will be a consequential year for congressional oversight as the upcoming midterm elections may yield bolder investigations and more aggressive state attorneys general coalitions, so companies should consider adopting risk management measures to get ahead of potential changes, say attorneys at Morgan Lewis.

  • A Meaningful Shift In FDA's Biosimilarity Analysis

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    The U.S. Food and Drug Administration's potential pivot away from routinely requiring comparative efficacy studies for interchangeable biosimilar applications would not lower regulatory standards, but instead allow applicants to allocate resources toward establishing more probative evidence, says Theodore Thompson at Stinson.

  • Top 5 Antitrust Issues For In-House Counsel To Watch In 2026

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    With Trump administration enforcement policy having largely taken shape last year, antitrust issues that in-house counsel should have on the radar range from scrutiny of technology-assisted pricing to the return of merger remedies, say attorneys at Squire Patton.