Policy & Compliance

  • November 03, 2026

    Peptide Sales Put State Pharmacy Enforcement In Focus

    New allowances from federal health officials on the sale of compounded peptides put a spotlight on state regulators' capacity to police the market.

  • November 03, 2026

    1st Circ. Won't Revive Sex Bias Suit Against Benefits Co.

    The First Circuit refused to reinstate a lawsuit from a data architect who said a health benefits company fired her because she's a woman, saying she hadn't alleged that colleagues responsible for "stray" sexist comments played a role in her termination.

  • November 03, 2026

    7th Circ. Skeptical Of Taiwanese Doctor's Race Bias Suit

    The Seventh Circuit appeared reluctant Tuesday to revive a Taiwanese doctor's race bias suit claiming he was forced to quit after facing unfair probes of his medical decisions, as an appellate panel questioned whether he presented enough evidence of discrimination.

  • November 02, 2026

    NJ Parents' Suit Challenging Storing Baby DNA Gets Tossed

    A New Jersey federal judge tossed a proposed class action Friday challenging the Garden State's practice of keeping newborn babies' residual blood spots without parental consent, finding the parents haven't alleged viable Fourth or Fourteenth Amendment claims, in part because the state agreed to destroy the blood spots at issue.

  • November 02, 2026

    HHS Says Wash. Has No Stake In Noncitizen Medicaid Fight

    The U.S. Department of Health and Human Services is fighting Washington state's bid to join a legal challenge to the Trump administration's attempts to withdraw federal Medicaid funding for certain noncitizens receiving supplemental security income, arguing Friday the state has pointed to "speculative downstream effects" of the targeted policy.

  • October 30, 2026

    Law360 MVP Awards Go To Top Attorneys From 89 Firms

    The lawyers chosen as Law360's 2026 MVPs stand out from their peers by notching significant achievements in high-stakes litigation, complex global matters and record-setting transactions.

  • October 30, 2026

    Ohio Judge Strikes Down Remainder Of 6-Week Abortion Ban

    An Ohio state judge permanently blocked provisions of the state's "heartbeat law" that were previously under review after the court found that the bill's main feature — its prohibition on abortion after around six weeks of pregnancy — violated the state's constitution.

  • October 30, 2026

    Botox Exempt From Medicare Price Talks, Judge Rules

    The Centers for Medicare & Medicaid Services can't subject AbbVie's Botox to Medicare price negotiations under the Inflation Reduction Act, a D.C. federal judge held, finding CMS misinterpreted an IRA exclusion concerning biological products derived from human plasma.

  • October 30, 2026

    Philly Health System's Time Rounding Shorted OT, Suit Says

    A former hospital supervisor has accused a Philadelphia health system in Pennsylvania state court of shortchanging hourly workers on overtime by rounding their clock-in and clock-out times to the nearest 15 minutes while expecting them to start work early and stay late.

  • October 30, 2026

    Home Care Cos. Win Partial Block Of DOL Overtime Rule

    The U.S. Department of Labor exceeded its authority by barring third-party employers of live-in domestic workers from claiming a federal overtime exemption, a Pennsylvania federal judge ruled, but he kept in place a similar restriction for companionship workers.

  • October 29, 2026

    Colo. Justices Won't Review Hospital's Injunction Compliance

    The Colorado Supreme Court declined Thursday to take up transgender youth patients' challenge to a Denver judge's ruling that discharged their contempt citation against Children's Hospital Colorado for not resuming providing medical gender-affirming care to transgender adolescents.

  • October 29, 2026

    GEO Says Colo. Health Inspection Law Suit Should Survive

    The federal contractor that runs an immigration detention center near Denver is coming out swinging against Colorado's attempt to kill its suit challenging a state law requiring extra inspections, saying its claims cannot be considered premature just because the state has not enforced the law yet.

  • October 29, 2026

    EMT Immunity Doesn't Cover Driving, Wash. Justices Say

    Emergency medical technicians' qualified immunity from negligence claims in Washington does not extend to driving ambulances, a divided state Supreme Court held Thursday, ruling that the transportation of patients falls outside EMTs' statutory immunity for rendering emergency services.

  • October 29, 2026

    Nursing Home Says Union Too Late To Arbitrate Grievance

    A Service Employees International Union affiliate's tardiness while challenging a nursing home employee's firing barred the union's grievance from arbitration, the nursing home argued in Minnesota federal court, asking the judge to toss the union's bid to compel arbitration.

  • October 29, 2026

    Judge Rejects Extra Hurdle For Medicaid Frailty Exemption

    A Trump administration bid to create additional barriers to Medicaid eligibility was rejected Thursday by a Massachusetts federal judge, who ruled that Congress did not delegate to the executive branch the task of deciding who is too medically frail to meet work requirements.

  • October 29, 2026

    DOL Finalizes Pharmacy Benefit Manager Fee Disclosure Rule

    The U.S. Department of Labor's employee benefits arm unveiled a final rule Thursday that requires pharmacy benefit managers — which act as intermediaries between drugmakers, pharmacies and insurers — to make new disclosures on their fees and compensation to employer-sponsored group health plans.

  • October 28, 2026

    TB Outbreak In Wash. Prisons Yields $52M Damages Verdict

    Washington jurors returned a $52 million verdict in favor of 23 plaintiffs who accused the state's Department of Corrections of allowing an active tuberculosis outbreak to fester and spread to hundreds of people at its prison facilities over nearly two years.

  • October 28, 2026

    Patients Tell Colo. Justices Hospital Defied Gender Care Order

    Transgender youth patients of Children's Hospital Colorado are challenging a judge's discharge of their contempt citation against the hospital for not resuming the provision of medical gender-affirming care to them, urging Colorado's justices to decide whether the hospital complied with an injunction prohibiting it from refusing to provide the care.

  • October 28, 2026

    Cruise Co. Settles Fla. Doc's Whistleblower Suit Over Billing

    A Florida doctor said he reached a quick settlement with Norwegian Cruise Lines Holdings Ltd. one month after filing his lawsuit alleging he was fired for opposing the company's practice of overbilling passengers, the state's federal court records show.

  • October 28, 2026

    Pharma Co. Settles Workers' 401(k) Forfeiture Suit

    Boehringer Ingelheim USA Corp. and workers who accused the pharmaceutical company of misusing forfeitures from an employee 401(k) plan have settled their federal benefits dispute, parties told a Connecticut federal court Wednesday.

  • October 28, 2026

    Sanofi Settles Insulin Pen Antitrust Suit, Avoiding Trial

    Sanofi-Aventis US and a group of drug wholesalers have told a Massachusetts federal judge they have reached a settlement to resolve long-running antitrust litigation alleging that the drugmaker improperly sought to thwart competition for its single-use insulin injector pen.

  • October 28, 2026

    Celgene Defends Dismissal Of Cancer Drug Antitrust Suit

    Bristol-Myers Squibb Co. and its subsidiary Celgene Corp. urged the Second Circuit to uphold the dismissal of health plans' proposed antitrust class action alleging that the drugmaker fraudulently obtained patents for the cancer drug Pomalyst, saying it properly disclosed materials to the patent office and filed valid patent infringement lawsuits against generic-drug makers. 

  • October 28, 2026

    Nurses Union Cannot Escape Strike Dispute, Kaiser Says

    Kaiser Permanente has urged a California federal court to reject a National Nurses United affiliate's bid to toss the company's claims alleging that the union organized an unlawful strike, saying it plausibly alleged an "arbitrable dispute" over whether the union breached its collective bargaining agreement with the company.

  • October 28, 2026

    4th Circ. Judge Wary Of NC Abortion Drug Law Challenge

    A Fourth Circuit judge on Wednesday sharply questioned the attorney for a physician challenging North Carolina restrictions on the abortion medication mifepristone, citing case law he said treats federal rules as a "floor and not a ceiling" on what states can require.

  • October 27, 2026

    Mass. Hospitals Sue Lilly Over 340B Discount Data 'Extortion'

    A group of Massachusetts hospitals claim drugmaker Eli Lilly & Co. unlawfully holds hostage medication discounts meant to benefit low-income patients by demanding that hospitals hand over sensitive patient claims data or pay "exorbitant" inflated prices, according to a lawsuit filed Tuesday in Boston federal court.

Expert Analysis

  • Contact Lens Rule's Evolution Steers FTC Guidance Program

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    The history of the Federal Trade Commission's Contact Lens Rule illustrates the goals of the FTC's recently announced guidance program, which aims to strengthen consumer protection and safeguard competition, say attorneys at Wilson Sonsini.

  • Abbott FCA Deal Shows Enforcement Adequacy Quandaries

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    Abbott Laboratories’ recent False Claims Act resolution illustrates several tricky questions that both prosecutors and defense counsel must address when weighing whether a civil enforcement action alone adequately addresses allegedly wrongful conduct, says James Koukios at MoFo.

  • New DNA Screening Standard Has No Clear Playbook

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    Although the government has not yet released promised guidance intended to support its new standards for screening mail-order DNA, companies should not read this as a reprieve from the Oct. 13 compliance deadline because the delay shifts enforcement risk to statutes that need no new authority, including false statements, the False Claims Act and fraud, says Ashwin Ram at Buchalter.

  • Texas Medicaid Fraud Decision Leaves 2 Open Questions

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    The Texas Supreme Court's decision in Laboratory Corp. of America Holdings v. Texas and NPT Associates, holding that the Texas Medicaid Fraud Prevention Act's omissions provision requires proof of materiality, creates ambiguity about the materiality requirement and about how Texas courts will treat federal precedent going forward, say attorneys at Sidley.

  • 3rd Circ. Ruling Shows ADA Limits Amid Worker Misconduct

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    In Hileman v. West Penn Allegheny Health System, the Third Circuit recently rejected a wrongful termination claim under the Americans with Disabilities Act, illustrating that disability and leave laws don't automatically insulate employees from the consequences of prior workplace misconduct, say attorneys at Bond Schoeneck.

  • DOJ Policy Creates New Defense For Physicians, Health Cos.

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    The U.S. Department of Justice's recently revised enforcement policy governing agency guidance makes clear that Medicare guidance is not the law, potentially giving healthcare organizations a stronger basis to challenge certain enforcement theories, says Jose Vela at Clark Hill.

  • FDA Bill Shows Risk Of Inexact Statute Text, Post-Loper Bright

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    A recent House bill to amend the Food and Drug Administration's drug preclusion framework reveals the increased importance of precision when drafting statutory rules in a post-Loper Bright landscape, as several minor errors in the text could lock in unintended results that will be difficult to repeal, say attorneys at Venable.

  • $95M Nev. Case Provides Clues On Wound Care Enforcement

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    Federal prosecutors’ recent U.S. v. Dubin indictment, charging a Nevada physician with healthcare fraud over an alleged $95 million Medicare billing scheme involving amniotic wound allografts, provides a clearer picture of an increasingly data-driven enforcement strategy that follows the entire wound care transaction, say attorneys at Bass Berry.

  • 8th Circ. Ruling Raises Bar For Seeking Disability Benefits

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    The Eighth Circuit's recent ruling in Post v. Bisignano signals that claimants seeking Social Security disability benefits may need to offer convincing proof of functional restrictions beyond their treating doctors' opinions and illustrates that the court's proclaimant jurisprudence no longer prevails, says Mark DeBofsky at DeBofsky Law.

  • FCA Ruling May Open Door To Redacting Defendants' Names

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    A recent Florida federal court decision may signal a shift from the long-prevailing view that False Claims Act defendants' identities must always be revealed when qui tam actions are unsealed, potentially providing important protection for healthcare fraud defendants who may face career consequences from unproven allegations, say attorneys at Holland & Knight.

  • New CMS Medical Device Pathway May Have Limited Effect

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    The Centers for Medicare & Medicaid Services' new pathway for giving Medicare beneficiaries earlier access to certain medical devices bears similarities to previous programs that did not advance coverage significantly, and thus may only benefit certain manufacturers, say attorneys at King & Spalding.

  • A Road Map To Modernizing Clinical Lab Regulations

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    The Centers for Medicare & Medicaid Services' recent request for comments on potential changes to the Clinical Laboratory Improvement Amendments provides an early indication of where CLIA is headed, and the operational, compliance, reimbursement and enforcement issues those changes will create, says Jose Vela at Clark Hill.

  • 2nd Circ. Tylenol MDL Ruling Clarifies Court Gatekeeper Role

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    The Second Circuit’s recent decision in multidistrict litigation over alleged links between Tylenol and developmental disorders, holding that the trial court improperly excluded expert witnesses, preserves meaningful judicial gatekeeping while making clear that judges may not resolve legitimate scientific disputes themselves, say attorneys at Lowenstein Sandler.