Policy & Compliance
-
January 06, 2026
Teva Gets Claims Trimmed Ahead Of IUD MDL Bellwether Trial
A Georgia federal judge has trimmed some claims from a bellwether trial against original manufacturer Teva Pharmaceuticals over alleged defects in the Paragard intrauterine device that a woman says caused her injuries requiring surgery, while allowing some failure to warn, design defect and punitive damages claims to proceed.
-
January 05, 2026
US Chamber Gets Expedited Appeal In $100,000 H-1B Fee Suit
The D.C. Circuit on Monday fast-tracked the U.S. Chamber of Commerce's appeal of a ruling that a $100,000 fee for new H-1B petitions was within President Donald Trump's "broad authority" to restrict noncitizens' entry.
-
January 05, 2026
1st Circ. Upholds Block On Trump Admin NIH Funding Cuts
The First Circuit on Monday affirmed a Massachusetts federal judge's order permanently blocking the Trump administration from gutting National Institutes of Health funding for biomedical research, agreeing that the government didn't have the authority to cap indirect costs for research grants.
-
January 05, 2026
Exelon, Nursing Home Operator Sued Over Fatal Explosion
PECO Energy Co., its parent company Exelon Corp. and multiple healthcare entities were hit with a lawsuit on Monday alleging they knew about gas leaks that led to a fatal nursing home explosion in Bucks County, Pennsylvania, that killed two and injured over a dozen more, but failed to act in time.
-
January 05, 2026
Health Officials Roll Back Child Vaccine Recommendations
Amid public outcry, federal health officials on Monday revised vaccine recommendations for American children, cutting the number from 18 to 11 and bringing the United States in line with other developed countries such as Denmark.
-
January 05, 2026
Ind. Sues Eli Lilly Over 'Grossly Inflated' Insulin Prices
Indiana's attorney general on Monday announced a state court suit against Eli Lilly alleging it schemed to artificially inflate the price of insulin, saying the litigation follows two years of ultimately unsuccessful attempts to resolve the matter without litigation against the drug manufacturer.
-
January 05, 2026
Trump Backs Biden's Medicare Drug Price Law At High Court
The Trump administration is defending the Biden-era Medicare Drug Price Negotiation program to the U.S. Supreme Court, asking the justices to deny AstraZeneca's petition challenging the program as unconstitutional.
-
January 05, 2026
Federal Workers Fight Gender-Affirming Coverage Rollback
A group of federal employees has filed a discrimination complaint with the U.S. Office of Personnel Management, saying the decision to end coverage for certain gender-affirming medical procedures under the workers' health insurance plans amounted to unlawful sex bias.
-
January 02, 2026
Drug Pricing Battles To Watch In 2026
With drugmakers already pushing back on drug affordability programs and policies, Law360 looks at the year ahead for litigation focused on state and federal drug pricing programs.
-
January 02, 2026
NC Legislation To Watch In 2026: Healthcare Funding In Focus
A spate of healthcare legislation is on the line as North Carolina lawmakers get ready to return to the General Assembly in January, from tenuous funding for Medicaid and Planned Parenthood to efforts to control the Tar Heel state's skyrocketing healthcare costs.
-
January 02, 2026
New Jersey Cases To Watch In 2026
In the coming year, New Jersey litigators will be watching for the outcome of an appeal in a constitutional challenge to school segregation and an employment discrimination case brought by a former Johnson & Johnson attorney.
-
January 02, 2026
Pennsylvania Cases To Watch In 2026
As winter's chill rings in the new year, several high-profile cases are set to heat up Pennsylvania's dockets in 2026, including disciplinary charges against a judge associated with rapper Meek Mill, a pending appeals decision on the lawfulness of semiautomatic rifles, and Philadelphia's quest to hold pharmacy benefit managers accountable for the opioid epidemic.
-
January 01, 2026
4 High Court Cases To Watch This Spring
The U.S. Supreme Court justices will return from the winter holidays to tackle several constitutional disputes that range from who is entitled to birthright citizenship to whether transgender individuals are entitled to heightened levels of protection from discrimination.
-
December 23, 2025
Trump Admin Beats Chamber Suit Over $100K H-1B Visa Fee
A Washington, D.C., federal judge on Tuesday refused to block the Trump administration's new $100,000 H-1B visa fee, ruling in the U.S. Chamber of Commerce's lawsuit challenging the fee that President Donald Trump has "broad authority" to restrict noncitizens' entry.
-
December 23, 2025
Philly Joins MDL Against Drug Cos., PBMs Over Insulin Prices
Philadelphia on Tuesday sued drug manufacturers Eli Lilly, Novo Nordisk and Sanofi, along with several pharmacy benefit managers, joining multidistrict litigation in New Jersey federal court accusing the companies of illegally inflating the price of insulin.
-
December 23, 2025
DHS Finalizes Rule Shifting H-1B Odds To Higher Earners
The Trump administration finalized changes to the H-1B lottery Tuesday, unveiling a final rule it said will favor higher-paid and higher-skilled positions and tamp down on employers exploiting the program to hire low-wage workers and depress the wages of U.S. workers.
-
December 22, 2025
Becton Muscles Out Hernia Mesh Rivals, Antitrust Suit Says
Tela Bio Inc. slapped Becton Dickinson and Co. and its subsidiaries with an antitrust lawsuit Friday in Pennsylvania federal court accusing the medical tech giant of abusing its dominant position in the hernia mesh market to block Tela's product and keep Becton's "costlier and clinically inferior" mesh on hospital shelves in the U.S.
-
December 22, 2025
Ed Dept. Ordered To Restore $1B In Mental Health Grants
The U.S. Department of Education will not be allowed to cut more than $1 billion in mental health grants for schools after a Washington federal judge ruled that the agency acted illegally by citing new, undisclosed Trump administration priorities as a basis for slashing the funding.
-
December 19, 2025
AstraZeneca Unit Ducks Patent Fraud, Not Sham Suit Claims
A Massachusetts federal judge spared AstraZeneca unit Alexion on Friday from half of a nonprofit insurer's proposed class action, finding the plaintiff too far removed from anticompetitive patent fraud that allegedly propped up blood disorder treatment Soliris, while preserving accusations that Alexion brought sham infringement allegations against would-be rivals.
-
December 19, 2025
EEOC Sues Over Christian Nurse's Denied Vax Exemption
An Illinois-based hospital system bucked civil rights law when it denied a Christian nurse's request for an exemption to its COVID-19 vaccination policy and then fired her, the U.S. Equal Employment Opportunity Commission has told a federal court.
-
December 19, 2025
Trump Admin Appeals Harvard Win In $2B Fund Freeze Case
The Trump administration will ask the First Circuit to overturn a federal judge's ruling that prevented the government from withholding $2.2 billion in federal grants from Harvard University over concerns about antisemitism on campus.
-
December 18, 2025
Split 6th Circ. Blocks Michigan's Ban On Conversion Therapy
A split Sixth Circuit panel ordered an injunction on Michigan's conversion therapy ban, ruling the law likely places an unconstitutional restriction on the First Amendment rights of a Catholic charitable organization and a therapist whose faith-based psychotherapy practices fall under the ban.
-
December 18, 2025
SF Must Reinstate Worker Fired For Violating COVID Vax Rule
A California federal judge ordered San Francisco to reinstate a 311 call center agent who was fired for violating a COVID-19 vaccination mandate after he sought an exemption based on his Muslim faith, ruling Thursday that the plaintiff has made a "prima facie case for religious discrimination."
-
December 18, 2025
AstraZeneca Can't Block Colo. Law Over Drug Discount Rules
A Colorado federal judge rejected AstraZeneca's effort to block enforcement of a Colorado law surrounding federal 340B drug pricing that requires manufacturers to sell drugs at discounted prices to certain safety net healthcare facilities, ruling Wednesday the law isn't preempted by 340B drug pricing.
-
December 18, 2025
HHS Proposes Hospital Ban On Gender Care For Minors
The Trump administration moved to block all hospitals that receive federal funding from providing gender-affirming care to minors and issued warning letters to a dozen companies Thursday as part of a sweeping push to halt the care nationwide, even in states with legal protections in place.
Expert Analysis
-
Arguing The 8th Amendment For Reduction In FCA Penalties
While False Claims Act decisions lack consistency in how high the judgment-to-damages ratio in such cases can be before it becomes unconstitutional, defense counsel should cite the Eighth Amendment's excessive fines clause in pre-trial settlement negotiations, and seek penalty decreases in post-judgment motions and on appeal, says Scott Grubman at Chilivis Grubman.
-
$95M Caremark Verdict Should Put PBMs On Notice
A Pennsylvania federal judge’s recent ruling that pharmacy benefits manager CVS Caremark owes the government $95 million for overbilling Medicare Part D-sponsored drugs highlights the effectiveness of the False Claims Act, as scrutiny of PBMs’ outsized role in setting drug prices continues to increase, say attorneys at Duane Morris.
-
DOJ Actions Signal Rising Enforcement Risk For Health Cos.
The U.S. Department of Justice's announcement of a new False Claims Act working group, together with the largest healthcare fraud takedown in history, underscore the importance of sophisticated compliance programs that align with the DOJ's data-driven approach, say attorneys at Debevoise.
-
Spotlight On Medicare Marketing Practices Enforcement Trend
Recent U.S. Department of Justice actions, including its recent Medicare kickback allegations in Shea v. eHealth, demonstrate increasing enforcement scrutiny on Medicare Advantage marketing practices, say Ellen London at London & Naor, Li Yu at Bernstein Litowitz and Erica Hitchings at the Whistleblower Law Collaborative.
-
Federal Regs Order May Spell Harsher FDCA Enforcement
A recent executive order aimed at reducing criminal prosecutions of those who unknowingly violate complex federal regulations may actually lead to more aggressive felony indictments under the Federal Food, Drug and Cosmetic Act, but companies and executives can mitigate risks by following several key principals, say attorneys at McGuireWoods.
-
What High Court's Tenn. Trans Care Ruling Means Nationally
The U.S. Supreme Court's decision in U.S. v. Skrmetti, upholding a Tennessee ban on gender-affirming medical care for minors, is fairly limited in scope and closely tailored to the specific language of Tennessee's law, but it may have implications for challenges to similar laws in other states, say attorneys at Hall Render.
-
High Court ACA Ruling May Harm Preventative Care
The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.
-
Rising Enforcement Stakes For Pharma Telehealth Platforms
Two pieces of legislation recently introduced in Congress could transform the structure and promotion of telehealth arrangements as legislators increasingly scrutinize direct-to-consumer advertising platforms, potentially paving the way for a new U.S. Food and Drug Administration policy with bipartisan support, say attorneys at Sheppard Mullin.
-
3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
-
How Providers Can Brace For Drug Pricing Policy Changes
Though it's uncertain which provisions of the Trump administration's executive order aimed at addressing prescription drug costs will eventually be implemented, stakeholders can reduce potential negative outcomes by understanding pathways that could be used to effectuate the order's directives, say attorneys at McDermott.
-
Debunking 4 Misconceptions Around Texas' IV Therapy Law
Despite industry confusion, an IV therapy law enacted in Texas last week may actually be the most business-friendly regulatory development the medical spa industry has seen in recent years, says Keith Lefkowitz at Hendershot Cowart.
-
Legacy Of 3 Justices Should Guide Transgender Rights Ruling
Three Republican-appointed U.S. Supreme Court justices — Anthony Kennedy, Sandra Day O'Connor and David Souter — gave rise to a jurisprudence of personal liberty that courts today invoke to protect gender-affirming care, and with the court now poised to decide U.S. v. Skrmetti, it must follow the path that they set, says Greg Fosheim at McDermott.
-
Recent Reports Shed Light On Section 340B's Effectiveness
Recent analyses of the Section 340B program's effectiveness in helping patients afford drugs in Minnesota reinforce concerns about the program's lack of transparency and underscore the need for further evaluation of whether legislative reform should be enacted, say William A. Sarraille at the University of Maryland, and Andrée-Anne Fournier and Molly Frean at Analysis Group.