Policy & Compliance

  • May 06, 2026

    Nursing Home Co. Can't Stave Off EEOC Harassment Trial

    A nursing facility operator can't dodge a U.S. Equal Employment Opportunity Commission suit claiming it fired an employee for complaining that her boss sexually harassed her, an Illinois federal judge said Wednesday, ruling a jury needs to assess whether the business acted out of retaliation.

  • May 05, 2026

    DC Circ. Judge Jabs Pharma Atty For 10 Minutes In Price Fight

    The first D.C. Circuit showdown in widespread drug pricing litigation Tuesday appeared unlikely to deliver a badly needed win to the pharmaceutical industry, as a top manufacturer's attorney faced a cool reception generally and an extended barrage of skepticism from one judge.

  • May 05, 2026

    Ex-CEO Gets 5 Years In Prison For $212.5M Fraud Case

    A New Jersey federal judge on Tuesday sentenced the former CEO of a now-defunct medical billing company to five years in prison, the statutory maximum penalty, for his role in a $212.5 million scheme to inflate the value of his company to defraud investors.

  • May 05, 2026

    ERISA Recap: 5 Litigation Developments From April

    The U.S. Supreme Court turned down a bakery company's bid for review of a union multiemployer pension withdrawal bill, the Fourth Circuit held a bonus plan was exempt from federal benefits law, and the Sixth Circuit ruled federal law preempted Arkansas pharmacy benefit manager laws and regulations. Here's more on those and two other major decisions from April that benefits attorneys may want to know.

  • May 05, 2026

    Wash. Panel Revives GLP-1 Health Plan Coverage Fight

    A Washington state appeals court revived a proposed class action by state employees alleging their benefit plan discriminatorily barred health coverage for GLP-1 medications treating obesity, finding a lower court should have allowed the case to proceed to discovery.

  • May 05, 2026

    Mylan Strikes $4.5M Deal With Maryland Over EpiPen Pricing

    Mylan Pharmaceuticals will pay $4.5 million to resolve allegations by the state of Maryland that Mylan acted anticompetitively when it ratcheted up costs of its portable auto-injectable EpiPen device that's used during life-threatening allergic reaction episodes, according to a recent announcement.

  • May 05, 2026

    RFK Jr. To Target 'Overmedicalization' Of Mental Health Drugs

    Health Secretary Robert F. Kennedy Jr. announced that the U.S. Department of Health and Human Services is moving to tackle the "overmedicalization" of widely used mental health drugs and create pathways to encourage doctors to taper patients off of the treatments.

  • May 05, 2026

    Calif. Justices To Weigh Gilead Negligence Claim In HIV Suit

    A case before the California Supreme Court this week involving Gilead and HIV medications may create a new standard for negligence claims when a company fails to market a better drug.

  • May 05, 2026

    Ga. Panel Weighs Evidence Rules In Parents' Bid For New Trial

    The Georgia Court of Appeals considered whether a new trial is warranted in a couple's case alleging that a doctor's negligence led to the death of their infant son nine days after birth, questioning attorneys Tuesday on the appropriate standard for what is known as "habit" testimony.

  • May 05, 2026

    Clarity or Corporate Secret? Battle Brews Over FDA Letters

    The U.S. Food and Drug Administration is under pressure to roll back a new transparency policy or prepare to defend it in court.

  • May 05, 2026

    Health Bills To Know This Week: Drug Pricing, AI And Abortion

    Law360 Healthcare Authority looks at a proposal to create a prescription drug affordability board in Virginia, legislation enacted in Maine establishing boundaries on the use of artificial intelligence in mental health care, and other legislative developments impacting the healthcare industry this week.

  • May 05, 2026

    Sandoz, Novartis Must Face Generics Claims From GM, Others

    A Pennsylvania federal judge largely refused to let dozens of generic-drug makers duck stand-alone price-fixing and market allocation antitrust claims from major employers like General Motors, American Airlines and Lowe's, nixing allegations against a small handful while importantly preserving them against Novartis and its former Sandoz subsidiary.

  • May 05, 2026

    Sponsor Suit Moot After Immigrant Kids Released, Feds Say

    The Trump administration asked a D.C. federal judge to dismiss a suit challenging requirements for previously approved sponsors to reapply for custody of unaccompanied immigrant children, arguing the suit's claims are either moot or unfounded.

  • May 05, 2026

    High Court Clarity On Subpoenas Creates Murky Path For AGs

    The U.S. Supreme Court's unanimous decision that the New Jersey Attorney General's Office infringed free speech by asking an anti-abortion nonprofit to release donor names gives nonprofits and companies more leverage for challenging subpoenas at the outset, although the question remains if and how attorneys general and other enforcers can ultimately obtain sought-after information following a constitutional affront.

  • May 04, 2026

    Hospital Can't Sink EEOC Disability Bias Suit Over Vax Allergy

    An Illinois federal judge declined Monday to toss a U.S. Equal Employment Opportunity Commission suit alleging a hospital fired an employee for failing to comply with its COVID-19 vaccine mandate after she had an allergic reaction to the medicine, stating her allergy could count as a disability.

  • May 04, 2026

    Md. Hospital Had Duty To Warn Of Patient's Violent Statements

    A Maryland appellate panel has said the family of a woman killed by her husband days after he was sent home from psychiatric care can move forward with their wrongful death lawsuit, finding the hospital had a duty to warn those living with the man of homicidal statements he made during his inpatient treatment.

  • May 04, 2026

    Hospital Group Calls Anthem's Out-Of-Network Plan Unlawful

    The California Hospital Association urged a state court to block Anthem Blue Cross' implementation of a new policy that penalizes participating facilities for using nonparticipating providers, saying the plan is illegal, fraudulent and an unfair business practice.

  • May 04, 2026

    NC Dems Propose Ballot Measure To Decriminalize Marijuana

    Three Democrats in the North Carolina Senate introduced legislation Monday that proposes putting the decriminalization of both recreational and medical marijuana on the ballot come the November elections.

  • May 04, 2026

    Judge Shuts Down Invalidity Theory In Abiomed IP Case

    A Massachusetts federal judge has foreclosed one of Abiomed's invalidity defenses in a case brought by rival medical technology firm Maquet over alleged infringement of a patent covering blood pump technology.

  • May 04, 2026

    Pa. Co. Inks $1.2M Deal To Settle FCA Allegations

    A Pennsylvania-based supported-living services provider will pay $1.2 million to resolve allegations that it submitted false claims for Medicaid payments, federal prosecutors said.

  • May 04, 2026

    Supreme Court Halts Abortion Drug Telehealth Ruling

    The U.S. Supreme Court on Monday temporarily reinstated telehealth access for the abortion medication mifepristone, pausing a lower-court order that had blocked by-mail and remote prescriptions.

  • May 04, 2026

    Justices Won't Hear Anti-Vaxxer Medical Board Suit

    The U.S. Supreme Court on Monday said it will not review a petition brought by Health and Human Services Secretary Robert F. Kennedy Jr. on behalf of doctors who challenged a Washington state medical board's investigation into an alleged COVID-19 misinformation campaign.

  • May 01, 2026

    Pharma Aims Torpedo At FCA After Bombshell 9th Circ. Ruling

    A burgeoning campaign against the False Claims Act's whistleblower mechanism is suddenly center stage at the Ninth Circuit, where pharmaceutical companies say a momentous new ruling "illustrates perfectly" the constitutional concerns of U.S. Supreme Court justices regarding FCA enforcement.

  • May 01, 2026

    Judge, Atty Get In Shouting Match At Fatal Overdose Trial

    Tensions boiled over in a Philadelphia courtroom Friday at the end of an emotionally fraught trial over a man's fatal opioid overdose, with a judge and lawyer shouting at each other about how to figure out an inconclusive verdict spurred by a seemingly confused juror.

  • May 01, 2026

    Diagnostic Imaging Co. Pays $8.3M To End FCA Case

    An Orange County medical scan company will pay $8.3 million to resolve allegations it violated the False Claims Act by paying kickbacks to referring cardiologists to supervise positron emission tomography scans, California federal prosecutors said Friday. 

Expert Analysis

  • 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.

  • 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.