Policy & Compliance

  • May 27, 2026

    US Tells Justices To Hold 'Lightning Rod' Health Ministry Case

    The U.S. Supreme Court should hold out on deciding whether a New Mexico insurance law violates the religious rights of nonprofit healthcare-sharing ministries that provide cheap, Christian-focused health insurance options while the justices decide a similar case, the U.S. solicitor general told the court. 

  • May 26, 2026

    9th Circ. Won't Revive Wash. City Workers' Vax Mandate Suit

    A Ninth Circuit panel Tuesday put an end to city workers' lawsuit challenging Bellingham, Washington's COVID-19 vaccine mandate, ruling that a lower court appropriately dismissed the action and barred the workers from amending their claims.

  • May 26, 2026

    Seattle Hospital Loses Appeal Of Dr.'s $21M Race Bias Verdict

    A Washington Court of Appeals panel Tuesday upheld a $21 million verdict against Seattle Children's Hospital in a Black ex-medical director's lawsuit claiming he faced racism in the workplace and retaliation for complaining about systemic inequities, ruling "substantial evidence" justified the jury's findings and damages award.

  • May 26, 2026

    New Suits Target DOJ Release, Loan Rule And More

    Law360 Healthcare Authority looks at new suits filed over the past week, including a $50 million suit over the U.S. Justice Department's handling of a criminal case against Maryland doctors and another challenge over the U.S. Department of Education's rule altering federal student loan eligibility.

  • May 26, 2026

    Meet The Attys For Health Orgs. Fighting Ed. Dept. Loan Caps

    A group of healthcare organizations has tapped a new law firm founded by a former Biden administration attorney to challenge a U.S. Department of Education rule that restricts student loan eligibility for some degree programs. 

  • May 26, 2026

    6th Circ. Rejects Mich. Reproductive Rights Challenge

    Abortion opponents and several parents lack standing to sue top Michigan officials, the Sixth Circuit said Tuesday, affirming dismissal of a suit challenging the state's voter approved reproductive rights amendment.

  • May 26, 2026

    9th Circ. Backs Reinstating DEI Grants Nixed By Trump

    The Ninth Circuit on Tuesday partially upheld a lower court's preliminary injunction and class certification orders in litigation from University of California researchers against President Donald Trump, backing the reinstatement of grants terminated due to presidential orders against diversity, equity and inclusion initiatives while reversing the injunction for those grants that were rescinded without explanation.

  • May 26, 2026

    Conn. Drug Price Law Still Allows Hikes, 2nd Circ. Told

    Wholesale distributors that abide by Connecticut's drug price cap law can hike the cost of their other products to ensure they don't suffer losses, the state told the Second Circuit Tuesday, raising the ire of the companies trying to invalidate the new statute.

  • May 26, 2026

    DOJ Escalates Gender Care Probes With Criminal Subpoenas

    Facing mounting court losses in challenges to civil subpoenas, justice officials escalated the Trump administration's opposition to gender care providers with a grand jury's criminal subpoena.

  • May 26, 2026

    Squires' Institution Flips Are Increasing Uncertainty At PTAB

    U.S. Patent and Trademark Office Director John Squires has created a record low institution rate at the Patent Trial and Appeal Board, and attorneys say it's becoming increasingly clear that even an initial approval from the director may not last.

  • May 26, 2026

    Judge Tosses Anti-Pot Suit Over CMS Hemp Benefits Program

    A D.C. federal judge has thrown out a challenge to a Centers for Medicare & Medicaid Services program to give Medicare beneficiaries access to federally legal hemp products, finding none of the groups or individuals who aimed to block the program have standing.

  • May 22, 2026

    Law360 Reveals Titans Of The Plaintiffs Bar

    This past year, 10 lawyers across the country at plaintiffs' firms big and small helped secure millions of dollars in settlements and verdicts for their clients, going up against powerful defendants like Google, Monsanto and the Trump administration, earning the attorneys recognition as Law360's Titans of the Plaintiffs Bar for 2026.

  • May 22, 2026

    Healthcare Orgs Push DC Court To Block Student Loan Caps

    Professional organizations representing nurses, therapists, public health workers and educators urged a District of Columbia federal court on Thursday to block a rule by the U.S. Department of Education restricting federal student loan eligibility for a host of degree programs, arguing it exceeded the department's authority.

  • May 22, 2026

    Hospital Pulls $1M Medicare Suit Against UnitedHealthcare

    A Connecticut hospital has dropped a lawsuit alleging UnitedHealthcare owed it more than $1 million after refusing to correct errors in Medicare Advantage cost calculations, state court records show.

  • May 22, 2026

    Trump's Melding Of Politics, Antitrust Hard To Roll Back

    Environmental initiatives, diversity programs, anti-misinformation efforts and gender-affirming care have become central targets for President Donald Trump's antitrust enforcers in what observers say is an increasing trend of politically tinged competition enforcement.

  • May 21, 2026

    PBM Swaps Cravath For WilmerHale In Price-Fixing Suit

    Pharmacy benefit manager Prime Therapeutics LLC has replaced counsel Cravath Swaine & Moore LLP with WilmerHale and another firm in an antitrust case in Michigan federal court brought by the state's attorney general.

  • May 21, 2026

    9th Circ. Told To Reject J&J Unit's $442M Antitrust Appeal

    Cardiac catheter refurbisher Innovative Health urged the Ninth Circuit to reject the appeal from Johnson & Johnson's Biosense Webster unit seeking to upend its $442 million antitrust judgment, saying the lower court rightly found that Biosense forced hospitals to avoid refurbished catheters in favor of its own.

  • May 21, 2026

    FTC's Gender Care Policy Might Not Sink Probe, Judge Says

    A D.C. federal judge wondered Thursday whether it would set a bad precedent for future commissions to label the Federal Trade Commission's investigative demand to the American Academy of Pediatrics as "retaliatory" just because agency officials have issued a policy statement attacking gender-affirming care for minors.

  • May 21, 2026

    Medical Practice Calls $49M Missed Cancer Verdict 'Unjust'

    The Westchester Medical Group PC has asked a Connecticut state judge to find most of a $49 million jury verdict "excessive, unjust, and entirely disproportionate" to claims its staff repeatedly failed to diagnose cancer despite multiple warning signs, calling the award punitive and not supported by the evidence.

  • May 20, 2026

    2nd Circ. Skeptical Of Bid To Boost Drug Royalty Award

    A Second Circuit panel appeared unsympathetic during oral arguments on Wednesday to Acorda Therapeutics Inc.'s assertion that it should be awarded nearly $66 million beyond the $16.5 million it won in a multiple sclerosis drug dispute, with one judge remarking that the company is "kind of in the soup" because it chose arbitration.

  • May 20, 2026

    Refusing Sandoz Parent Dismissal 'Clear Error,' Court Told

    Sandoz's Swiss parent company wants a Pennsylvania federal judge to rethink her decision forcing it to face generic drug price-fixing claims from major employers like General Motors, arguing the court "conflates" Novartis AG with Sandoz AG, which was spun off in 2023.

  • May 20, 2026

    NY Hospital Strikes Deal In Suit Over Retirement Plan Lineup

    A Long Island hospital agreed to settle a proposed class action alleging it cost workers millions of dollars in savings by loading its employee retirement plan with costly and underperforming investment options, according to a filing in New York federal court Wednesday.

  • May 20, 2026

    Va. Will Require Employers To Provide Paid Sick Leave

    Workers in Virginia will soon be entitled to paid sick leave after Gov. Abigail Spanberger signed a bill Wednesday that requires employers to provide five days of paid time off for employees who get sick or have to care for a family member.

  • May 20, 2026

    Pa. AG Aims To Revive Ban On Medicaid-Paid Abortions

    Pennsylvania Attorney General Dave Sunday plans to fight an appellate panel's ruling that Medicaid-funded abortions are a fundamental right to reproductive autonomy in the state.

  • May 20, 2026

    Bass Berry Adds Crowell & Moring Healthcare Atty In DC

    Bass Berry & Sims PLC has hired a former Crowell & Moring LLP partner, who in her last role represented a healthcare insurer against whistleblower claims that it participated in a kickback scheme involving Medicare Advantage customers.

Expert Analysis

  • Predicting Actual Impact From CDC's New Vaccine Guidance

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    Recent federal changes to the childhood immunization schedule, reducing the number of vaccine recommendations from 18 to 11, do not automatically create enforceable obligations for parents, schools or healthcare providers, but may spur litigation and other downstream effects on school policies and state guidelines, says Mehdi Sinaki at Michelman & Robinson.

  • What Rescheduling Means For Cannabis Labels, Marketing

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    The proposed reclassification of cannabis is expected to bring heightened scrutiny of labeling, advertising and marketing from the U.S. Food and Drug Administration and the Federal Trade Commission, but the brands that tighten evidence, standardize operations and professionalize marketing controls now will see fewer surprises and better outcomes, say attorneys at Wilson Elser.

  • What's At Stake In Possible Circuit Split On Medicaid Rule

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    A recent Eleventh Circuit decision, reviving Florida's lawsuit against a federal rule that reduces Medicaid funding based on agreements between hospitals, sets up a potential circuit split with the Fifth Circuit, with important ramifications for states looking to private administrators to run provider tax programs, say Liz Goodman, Karuna Seshasai and Rebecca Pitt at FTI Consulting.

  • Courts' Rare Quash Of DOJ Subpoenas Has Lessons For Cos.

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    In a rare move, three federal courts recently quashed or partially quashed expansive U.S. Department of Justice administrative subpoenas issued to providers of gender-affirming care, demonstrating that courts will scrutinize purpose, cabin statutory authority and acknowledge the profound privacy burdens of overbroad government demands for sensitive records, say attorneys at ArentFox Schiff.

  • Remote Patient Monitoring Is At Regulatory Inflection Point

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    With remote patient monitoring at the center of new federal pilot programs and a recent report from the U.S. Department of Health and Human Services' Office of Inspector General examining Medicare billing for those services, it is clear that balancing innovation and risk will be a central challenge ahead for digital health stakeholders, say attorneys at Morgan Lewis.

  • 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.