Policy & Compliance

  • July 22, 2026

    Insurer Sanctioned For Destroying Opioid Coverage Evidence

    An Illinois federal court Wednesday sanctioned an insurer in a drug wholesaler's suit seeking coverage for underlying opioid litigation, finding that the carrier intentionally destroyed key emails and underwriting records in order to deprive the wholesaler of that information.

  • July 22, 2026

    Ex-Players Seek $4M In Legal Fees In NFL Race-Norming Fight

    Ex-NFL players who settled a suit over racially discriminatory assessments made by the league's disability and retirement plans are asking a Maryland federal judge for over $4 million in legal fees.

  • July 22, 2026

    Trump Says 100% Tariff On Generic Drugs Coming In 2028

    Generic drugs imported into the U.S. will be hit with a tariff of 100% in 2028 and 200% in later years in an attempt to drive manufacturing into the country, President Donald Trump said on social media.

  • July 22, 2026

    9th Circ. Won't Reopen Vax Bias Suit Against Wash. Officials

    The Ninth Circuit upheld a Washington state agency's win in a suit alleging it unlawfully fired over a dozen employees rather than accommodate their religious objections to the COVID-19 vaccine, ruling they hadn't shown the agency was purposely hostile toward religion.

  • July 22, 2026

    DOL Proposes E-Delivery Rule For Employer Health Plans

    The U.S. Department of Labor's employee benefits arm unveiled a proposal Wednesday that would provide more opportunities for electronic delivery of employer-provided health plans' mandatory disclosures.

  • July 21, 2026

    DC Circ. Affirms HHS Authority Over 340B Rebate Plans

    The D.C. Circuit on Tuesday upheld a lower court's finding that U.S. Department of Health and Human Services has the authority to block or approve drugmakers' efforts to implement rebates instead of discounts under the 340B drug-pricing program.

  • July 21, 2026

    Economist Concedes Opioid Stats' Limits In Albertsons Trial

    Despite testifying that Albertsons pharmacy records suggest some opioids dispensed in Washington state had "red flags" for potential diversion from legitimate use, an economist for the Evergreen State conceded Tuesday that he can't point to "even a single pill dispensed by Albertsons" that was actually improperly diverted. 

  • July 21, 2026

    $152M Health Marketing Ban, $62M Drug MDL Deal And More

    Law360 Healthcare Authority looks at the Federal Trade Commission's $152 million deal resolving allegations against a pair of health insurance marketers, a $62 million deal releasing Pfizer Inc. and other drugmakers from multidistrict litigation over generic-drug prices, and other key resolutions in healthcare litigation over the last week.

  • July 21, 2026

    Air Ambulance Co. Fights To Keep 'No Surprises' Suit Alive

    An air ambulance service looking to collect unpaid transport bills from Blue Cross Blue Shield's parent company argued Tuesday that its lawsuit should proceed because court enforcement is its only hope for combating the insurer's practice of ignoring the No Surprises Act's otherwise tight payment deadlines.

  • July 21, 2026

    Chamber Asks 2nd Circ. To Back Toss Of Pepsi Smoking Suit

    A New York federal judge rightly tossed allegations that Pepsi violated federal benefits law by making employees who smoke pay more for health insurance, the nation's largest business lobby argued in an amicus brief, urging the Second Circuit to affirm dismissal of the suit.

  • July 21, 2026

    What To Know: FDA Compounding Panel Weighs Peptides

    A panel advising the U.S. Food and Drug Administration will weigh in this week on a push to expand legal access to seven peptides that are touted by wellness influencers to treat injuries and other conditions.

  • July 21, 2026

    Class Cert. In Avandia MDL Undone For Lacking Stats

    The Third Circuit undid class certification for a group of health plans claiming GlaxoSmithKline deceptively marketed its diabetes drug Avandia, with a panel majority ruling Tuesday the plans needed stronger statistical analysis to show links between the marketing, the revelation of side effects and a drop in sales.

  • July 21, 2026

    States Dispute Drugmakers' Bid To Toss GLP-1 Antitrust Case

    The attorneys general of Texas and Louisiana pushed back on Tuesday against a bid from Novo Nordisk and Eli Lilly to duck a specialty pharmacy's antitrust case accusing the companies of blocking competition for GLP-1 medications.

  • July 21, 2026

    Novo's False Ad Suit Against Eli Lilly Ramps Up GLP-1 Rivalry

    Pharmaceutical giant Novo Nordisk Inc. slapped rival Eli Lilly & Co. with a false advertising suit in New Jersey federal court Tuesday, calling a marketing campaign for the rival's weight loss drugs "deceptive" for "withholding critical scientific evidence" about newer GLP-1 formulations.

  • July 21, 2026

    Imaging Co. Faces Consolidated Data Breach Cases In NC

    A North Carolina federal judge consolidated three proposed class actions against diagnostic imaging provider Lumexa Imaging Inc. over an alleged patient data breach earlier this year, tapping attorneys from Kopelowitz Ostrow PA and Milberg PLLC to serve as interim co-lead counsel.

  • July 21, 2026

    Hospitals Say Saul Ewing Atty's Board Role Taints FCA Suit

    A Saul Ewing LLP attorney should be disqualified from leading a whistleblower suit over a nurse's alleged diversion of prescription narcotics, as the former Heritage Valley Health System in western Pennsylvania said he was previously a member of its board of directors.

  • July 21, 2026

    CMS Withholds $1B In Medicaid From Calif., Minn., Citing Fraud

    The Centers for Medicare & Medicaid Services is withholding more than $1 billion in Medicaid dollars from California and Minnesota because the agency suspects healthcare fraud in those states, officials announced Tuesday.

  • July 21, 2026

    Research Or Crime? Feds Eye Scientists Crossing Borders

    At U.S. airports and border crossings, scientists returning from trips abroad are getting a closer look from law enforcement agents. More smuggling and paperwork violations that might once have been overlooked are turning into criminal cases.

  • July 21, 2026

    2nd Circ. Tylenol Expert Call Sows Admissibility Confusion

    A circuit court decision on expert admissibility in a dispute over an alleged link between Tylenol and autism is raising legal experts' concerns that the panel will sow confusion among judges trying to weed out unreliable medical opinions.

  • July 20, 2026

    Albertsons Data Suggests Opioids Were Diverted, Expert Says

    Albertsons pharmacies in Washington state received considerably more opioid medications from distributors between 2009 and 2015 than the company reported dispensing — a sign of potential diversion, according to an expert witness who testified Monday at a bench trial in Washington's lawsuit accusing the chain of exacerbating the state's opioid crisis.

  • July 20, 2026

    SD Judge Blocks Abortion Ad Ban Against Atty, Nonprofit

    A South Dakota federal judge barred the state from enforcing an abortion advertising ban against a reproductive health education nonprofit and an attorney, ruling that doing so would likely violate the First Amendment.

  • July 20, 2026

    Vanda's NDA Rejection Challenge Can't Be Heard At DC Court

    A D.C. federal judge has said he no longer has jurisdiction to hear Vanda Pharmaceuticals Inc.'s challenge alleging the FDA violated the Appointments Clause by allowing a non-officer to exercise "signatory authority" and reject its new drug application for tradipitant, since Vanda went to the D.C. Circuit raising the same argument already.

  • July 20, 2026

    Top Gov't Contracting Cases To Watch In The 2nd Half Of 2026

    Federal courts in the latter half of 2026 are expected to decide if the Trump administration overstepped by designating Anthropic a supply chain risk to national security and whether the False Claims Act's qui tam provisions pass constitutional muster, potentially affecting the government's ability to tackle fraud.

  • July 17, 2026

    Md. Judge Stays Reforms Set To Shrink ACA Coverage Pool

    A Maryland federal judge stayed a set of Affordable Care Act marketplace reforms that were set to take effect Monday, finding several cities and groups representing doctors and small businesses were likely to succeed in their Administrative Procedure Act challenge against them.

  • July 17, 2026

    Medical Groups Urge 1st Circ. To Back Vaccine Panel Freeze

    The American Academy of Pediatrics and other public health organizations on Friday defended before the First Circuit a Massachusetts judge's decision to block Health Secretary Robert F. Kennedy Jr.'s vaccine policy committee appointments, countering claims that the judge overreached.

Expert Analysis

  • Assessing Legal, Regulatory Hurdles Of Healthcare Offshoring

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    The offshoring of administrative, nonclinical functions has emerged as an increasingly attractive option for healthcare companies seeking to reduce costs, but this presents challenges in navigating the web of state restrictions on the access or storage of patient data outside the U.S., say attorneys at McDermott.

  • 5 Years In, COVID-19 Fraud Enforcement Landscape Is Shifting

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    As the government moves pandemic fraud enforcement from small-dollar individual prosecutions to high-value corporate cases, and billions of dollars remain unaccounted for, companies and defense attorneys must take steps now to prepare for the next five years of scrutiny, says attorney David Tarras.

  • Courts Keep Upping Standing Ante In ERISA Healthcare Suits

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    As Article III standing becomes increasingly important in litigation brought by employer-sponsored health plan members under the Employee Retirement Income Security Act, several recent cases suggest that courts are taking a more scrutinizing approach to the standing inquiry in both class actions and individual matters, say attorneys at Crowell & Moring.

  • Calif. Bill May Shake Up Healthcare Investment Landscape

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    If signed by the governor, newly passed California legislation would significantly expand the Office of Health Care Affordability's oversight of private equity and hedge fund investments in healthcare companies and management services organizations, and raise several questions about companies' data confidentiality and filing burdens, say attorneys at Ropes & Gray.

  • Pharma Copay Programs Raise Complex Economic Questions

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    The growing prevalence of copay accumulator and maximizer programs in the pharmaceutical industry is drawing increased scrutiny from patients, advocacy groups, lawmakers and courts, bringing complex questions about how financial responsibility for prescription drug purchases is determined and complicating damages assessments in litigation, say analysts at Analysis Group.

  • When AI Denies, Insurance Bad Faith Claims May Follow

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    Two recent rulings from Minnesota and Kentucky federal courts signal that past statements about claims-handling practices may leave insurers using artificial intelligence programs in claims administration vulnerable to suits alleging bad faith and unfair trade practices, say attorneys at Cozen O'Connor.

  • Health Insurance Kickback Cases Signal Greater Gov't Focus

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    A series of recent indictments by federal prosecutors in California suggests that the Eliminating Kickbacks in Recovery Act is gaining momentum as an enforcement tool against illegal inducement of patient referrals in the realm of commercial health insurance, say attorneys at BakerHostetler.

  • FDA Transparency Plans Raise Investor Disclosure Red Flags

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    The U.S. Food and Drug Administration’s recently announced intent to publish complete response letters for unapproved drugs and devices implicates certain investor disclosure requirements under securities laws, making it necessary for life sciences and biotech companies to adopt robust controls going forward, say attorneys at Arnold & Porter.

  • With Obligor Ruling, Ohio Justices Calm Lending Waters

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    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.

  • Federal AI Action Plan Marks A Shift For Health And Bio Fields

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    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.

  • Preparing For DEA Rescheduling Of 2 Research Chemicals

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    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.

  • 9th Circ.'s Kickback Ruling Strengthens A Prosecutorial Tool

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    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.

  • Fla. Misses Opportunity To Rectify Wrongful Death Damages

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    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.