Policy & Compliance
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January 15, 2026
CVS Ducks Antitrust But Not Biz Interference Claim At 5th Circ.
A Fifth Circuit panel has largely sided with CVS Pharmacy and its Caremark affiliate by preserving a district court's dismissal of federal antitrust claims over a Mississippi pharmacy's rejection from participating in the pharmacy benefit manager's network, although the judges did revive state law claims.
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January 14, 2026
Pharmacy Wields Antitrust Law In Challenge To GLP-1 Giants
Eli Lilly & Co. and Novo Nordisk are using their dominant positions in the market for weight loss and diabetes medications to squash potential competitors, including through unlawful exclusivity agreements with telehealth providers, a compounding pharmacy alleged Wednesday in what it calls a landmark antitrust lawsuit.
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January 14, 2026
6th Circ. Skips Rethink, But Still Spars Over Indirect Buyer Bar
A decision by the full Sixth Circuit not to rehear a lawsuit over an alleged allergy testing and treatment provider boycott has turned into an internal dustup about the limits of who can seek damages under federal antitrust law, with one judge calling for U.S. Supreme Court intervention.
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January 14, 2026
NJ Judge Orders Mediation In Merck-Cencora Indemnity Fight
Cencora Inc. can't derail a Merck third-party complaint arguing a prior settlement between the parties requires the drug wholesaler to indemnify Merck in antitrust litigation by Humana, a New Jersey federal court ruled Wednesday, ordering the parties to go to mediation over the dispute.
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January 14, 2026
Vizient Beats Spurned Medical Tape Supplier At 5th Circ.
A Fifth Circuit panel refused to revive an antitrust suit accusing medical supplies group purchasing giant Vizient of locking in hospital customers, agreeing with a district court that a spurned would-be supplier failed at the threshold question of showing a market in which Vizient could be dominant.
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January 14, 2026
GOP Senators Say Patients Must See Docs For Abortion Meds
Republicans on a Senate health panel Wednesday called for the U.S. Food and Drug Administration to reinstate a requirement that pregnant women seeking an abortion via medication must have the drug administered in a doctor's office, not through telehealth or remotely.
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January 13, 2026
Ark. Official Urges 7th Circ. Not To Revive Pharma Rule Fight
An Illinois federal judge correctly upheld an Arkansas insurance regulation designed to protect local pharmacies, the state's insurance commissioner told the Seventh Circuit on Monday, asking the court to toss a Teamsters healthcare plan's bid to renew its challenge to the regulation.
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January 13, 2026
EEOC Disability Bias Win Stands, But Damages Shrink
A Florida federal judge declined a senior living facility's bid for a new trial in a U.S. Equal Employment Opportunity Commission disability bias suit claiming it wouldn't hire a veteran who has PTSD, but cut a $400,000 jury verdict to $50,000 in line with a damages cap.
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January 13, 2026
La. Moves To Extradite Calif. Doc Over Abortion Pill Trafficking
Louisiana Gov. Jeff Landry on Tuesday said he would authorize an extradition request for a California doctor accused of illegally mailing abortion pills to a Louisiana resident, further escalating a legal battle over the reach of state bans in the post-Roe era.
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January 13, 2026
Oak Street Exec's Ex-Partner Must Forfeit $617K In Assets
Federal authorities can delve into the assets of a man who made illegal insider trades of CVS stock based on information from his domestic partner so that they can recover $617,000 he agreed to forfeit as part of a plea deal, a Pennsylvania federal judge said Tuesday.
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January 13, 2026
Healthcare Litigation Week In Review
Law360 Healthcare Authority looks at the past week's top healthcare news.
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January 13, 2026
Workers Seek $126M In Seattle Hospital System Wage Row
Seattle-area hospital system Swedish Health Services should shell out about $126 million to settle wage violations, after a state court found that the system failed to provide a second meal break on longer shifts and that its rounding practices led to unpaid wages, the workers said.
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January 13, 2026
Blue States Say HHS Conditions Funding On Anti-Trans Bias
A dozen Democratic state attorneys general sued the U.S. Department of Health and Human Services on Tuesday, claiming the agency's threat to withhold billions of dollars in funding from states that don't hew to an executive order declaring that gender is immutable conflicts with antidiscrimination law.
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January 13, 2026
Gov't Didn't Allege Formula Was Contaminated, Abbott Says
Abbott Laboratories has urged a Michigan federal judge to throw out a suit brought by the federal government over the 2022 infant formula shortage, saying the government is trying to recoup a "belated windfall" and no tainted formula left its plant's doors.
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January 13, 2026
Federal Drug Pricing Policies Irk Biotech Insiders
As the federal government targets drug and other healthcare costs, biotech insiders say they're getting exasperated.
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January 13, 2026
Justices Seem Poised To Greenlight Transgender Athlete Bans
The conservative wing of the U.S. Supreme Court voiced skepticism of allowing transgender athletes to compete in women's and girls' sports Tuesday, while also signaling a willingness to keep its ruling narrowly tailored.
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January 13, 2026
Blip Or Trend? FDA Guidance Fell Off Steeply In 2025
The U.S. Food and Drug Administration issued far less industry guidance last year after President Donald Trump returned to office. The change has pharmaceutical attorneys bracing for more unpredictability.
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January 12, 2026
The Curious, Very Long Delay In A Pioneering Drug Prices Suit
When Merck & Co. launched a fiery challenge to Medicare's landmark drug price negotiations, it blazed a trail for many similar suits. But 31 months later, the challenge is stalled where it started as Merck begs for a ruling, other suits speed along the path it created and huge costs now seem unavoidable.
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January 12, 2026
Feds To Drop Appeal In 340B Rebate Pilot Challenge
The U.S. Department of Health and Human Services on Monday suggested it will end its appeal of a First Circuit order temporarily blocking it from instituting a rebate program that would change how the agency distributes payments in the federal 340B drug discount program that provides medications at reduced costs to low-income Americans.
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January 12, 2026
ERISA Recovery Suit Against UnitedHealth Proceeds With Trims
A UnitedHealth plan participant who was injured in a car crash may pursue claims under the Employee Retirement Income Security Act's civil enforcement provision, an Ohio federal court ruled Friday, while also allowing his wife, who was involved in a separate accident, to proceed with certain state-law claims.
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January 12, 2026
Yale Asks Judge To Rethink $32M Baby Formula Death Verdict
Yale University and the affiliated Yale New Haven Hospital have asked a Connecticut state court judge to reconsider a verdict of nearly $32 million over the death of a premature baby, contending that she failed to grasp battery and informed consent law when issuing her decision after a bench trial.
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January 12, 2026
DC Circ. Told $100K H-1B Fee Threatens Congress' Tax Power
The U.S. Chamber of Commerce urged the D.C. Circuit to bar the Trump administration from charging employers its new $100,000 H-1B visa fee, arguing it presents a "grave threat" to Congress' exclusive power to levy taxes.
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January 12, 2026
HHS' Pediatric Health Cuts Blocked As Likely 'Retaliatory'
A D.C. federal judge has temporarily blocked the U.S. Department of Health and Human Services from cutting nearly $12 million in pediatric health funding to the American Academy of Pediatrics, finding HHS could be retaliating for a lawsuit challenging the agency's changes to members on a federal vaccine committee.
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January 12, 2026
Justices Want SG Input On Arthritis Drug Competition Fight
The U.S. Supreme Court on Monday asked the Trump administration to weigh in on whether state unfair competition claims should be used to block a competitor from selling compounded versions of drugs in certain states.
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January 12, 2026
No High Court Review For California Opioid 'Nuisance' Suit
The U.S. Supreme Court on Monday said it would not weigh in on a circuit court decision that a California public nuisance lawsuit against pharmacy benefit managers over their opioid-dispensing practices belongs in state court.
Expert Analysis
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With Obligor Ruling, Ohio Justices Calm Lending Waters
A recent decision by the Ohio Supreme Court, affirming a fundamental principle that lenders have no duty to disclose material risks to obligors, provides clarity for commercial lending practices in Ohio and beyond, and offers a reminder of the risks presented by guarantee arrangements, says Carrie Brosius at Vorys.
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Federal AI Action Plan Marks A Shift For Health And Bio Fields
The Trump administration's recent artificial intelligence action plan significantly expands federal commitments across biomedical agencies, defining a pivotal moment for attorneys and others involved in research collaborations, managing regulatory compliance and AI-related intellectual property, says Mehrin Masud-Elias at Arnold & Porter.
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Preparing For DEA Rescheduling Of 2 Research Chemicals
A recent decision to allow the U.S. Drug Enforcement Administration to reclassify two research psychedelics in Schedule I under the Controlled Substances Act may pose significant barriers to scientific study, including stringent registration requirements, heightened security protocols and burdensome reporting obligations, say Kimberly Chew at Husch Blackwell and Jackie von Salm at Psilera.
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9th Circ.'s Kickback Ruling Strengthens A Prosecutorial Tool
The Ninth Circuit's decision last month in U.S. v. Schena, interpreting the Eliminating Kickbacks in Recovery Act to prohibit kickback conduct between the principal and individuals who do not directly interact with patients, serves as a wake-up call to the booming clinical laboratory testing industry, say attorneys at Kendall Brill.
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Fla. Misses Opportunity To Rectify Wrongful Death Damages
Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.
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A Shifting Trend In FDA Form 483 Disclosure Obligations
A New York federal court's Checkpoint Therapeutics decision extends a recent streak of dismissals of securities class actions alleging that pharmaceutical companies failed to disclose U.S. Food and Drug Administration Form 483 inspection reports, providing critical guidance for companies during the FDA approval process, say attorneys at Alston & Bird.
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The Future Of Lab-Test Regs After FDA Rescinds Rule
The U.S. Food and Drug Administration recently rescinded its laboratory-developed tests rule in response to a Texas federal court decision this spring, reinforcing a separation of authority between the FDA and the Centers for Medicare & Medicaid Services, and calling into question the FDA's role in overseeing such tests without congressional action, say attorneys at Venable.
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Unpacking Ore. Law's Limits On PE Healthcare Investment
A recent Oregon law imposes significant restrictions on nonphysicians owning or controlling medical practices, but newly enacted amendments provide some additional flexibility in certain ownership arrangements without scuttling the law's intent of addressing concerns about the rise of private equity investment in healthcare, say attorneys at Debevoise.
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Criminal Healthcare Fraud Takeaways From 4th Circ. Reversal
After the Fourth Circuit reversed a doctor’s postconviction acquittal in U.S. v. Elfenbein last month, defense attorneys should consider three strategies when handling complex criminal healthcare matters, says Jonathan Porter at Husch Blackwell.
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AG Watch: Texas Embraces The MAHA Movement
Attorneys at Kelley Drye examine Texas Attorney General Ken Paxton's actions related to the federal Make America Healthy Again movement, and how these actions hinge on representations or omissions by the target companies as opposed to specific analyses of the potential health risks.
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How States Are Regulating Health Insurers' AI Usage
The absence of a federal artificial intelligence framework positions states as key regulators of health insurers’ AI use, making it important for payors and service providers to understand the range of state AI legislation being passed in California and elsewhere, and consider implementing an AI-focused compliance infrastructure, say attorneys at Ropes & Gray.
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HHS Plan To Cut Immigrant Benefits Spurs Provider Questions
A recent notice from the U.S. Department of Health and Human Services identifying new federal public benefit programs for which nonqualified aliens are not eligible may have a major impact on entities that participate in these programs — but many questions remain unanswered, say attorneys at Foley.
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Noncompete Forecast Shows Tough Weather For Employers
Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.