Policy & Compliance

  • July 07, 2026

    Fla. Hospital Says Lilly's 340B Data Requirement Is Onerous

    A Florida hospital pushed back against pharmaceutical giant Eli Lilly over the drugmaker's requirement that providers hand over drug dispensing data before federal price discounts are applied, saying the policy is overly burdensome.

  • July 07, 2026

    Mayo Sacked Research Director For Flagging Flaws, Suit Says

    Mayo Clinic retaliated against and eventually terminated its director of research operations after she brought up concerns about security, safety and privacy regarding the medical center's use of artificial intelligence and other protocols, according to a lawsuit filed in Minnesota federal court on Monday.

  • July 07, 2026

    Courts Rule On Amgen Drug Price Cap, 340B Laws And More

    Despite the short break in the summer for America's 250th birthday, judges continued doling out important healthcare decisions. Here, Law360 takes a quick look at noteworthy healthcare litigation over the past week. 

  • July 07, 2026

    Groups Tell 4th Circ. Not To Let Sandoz 'Relitigate' Enbrel

    Pharmaceutical groups and the Washington Legal Foundation backed Amgen in amicus briefs Monday urging the Fourth Circuit not to revive Sandoz's antitrust claims, arguing that if Sandoz wanted to litigate blocked biosimilar competition to Enbrel, it needed to do so when Amgen sued it for patent infringement.

  • July 07, 2026

    Feds Push 3rd Circ. To Restore ACA Birth Control Exemptions

    Lawyers for the Trump administration and a Catholic religious order Tuesday asked the Third Circuit to restore broad exemptions to the Affordable Care Act's birth control coverage mandate, arguing federal agencies had discretion to pass rules that effectively enabled employers to "opt in" to the mandate rather than opt out.

  • July 07, 2026

    NY Hospital Reaches Deal To End Tobacco Surcharge Suit

    An upstate New York hospital has agreed to settle an employee's proposed class action alleging it unlawfully charged workers who used tobacco hundreds of dollars more per year for health benefits, according to a federal court filing.

  • July 07, 2026

    DOJ Backs Private Claims Against NewYork-Presbyterian

    The U.S. Department of Justice has thrown its support behind claims from union benefit funds in New York federal court that mirror the government's own case accusing NewYork-Presbyterian Hospital of blocking cheaper insurance plans.

  • July 07, 2026

    5th Circ. Again Nixes Challenge To La. 340B Drug Delivery Law

    A Fifth Circuit panel doubled down on its decision to uphold a Louisiana law prohibiting drug manufacturers from blocking contracts between pharmacies and providers in the federal 340B drug discount program, reiterating that conclusion upon rehearing but this time allowing intervention by an advocacy group.

  • July 07, 2026

    HHS Swerves After Ruling On RFK Jr.'s Gender Edict

    The Trump administration wants a federal judge to amend a decision blocking a policy declaration by Health and Human Services Secretary Robert F. Kennedy Jr. Experts say the move signals HHS' intent to look for other legal avenues to target gender-affirming care.

  • July 07, 2026

    Religious Liberty Laws Face New Test In Ind. Abortion Clash

    A closely watched test of whether religious freedom laws can protect abortion rights is headed to the Indiana Supreme Court. Legal experts said the case "flips the usual script" on religious liberty protections.

  • July 06, 2026

    5,000 Pharmacies Accuse Prime Therapeutics Of Price-Fixing

    Nearly 5,000 pharmacies accuse Prime Therapeutics LLC of entering into an unlawful price-fixing agreement with rival pharmacy benefit manager Express Scripts Inc. to deflate pharmacies' reimbursement rates and inflate their fees, according to a new lawsuit filed in Seattle federal court.

  • July 06, 2026

    Mich. Medicaid Services Dispute Sent Back To Mediation

    A Michigan federal judge on Monday ordered the parties back to mediation in a long-running dispute over Medicaid-funded services for people with intellectual and developmental disabilities after disagreements emerged over compliance with a court-approved settlement agreement. 

  • July 06, 2026

    The Moments That Shaped The Monsanto Decision

    U.S. Supreme Court justices forged unusual alliances when they ruled a federal statute preempts claims Monsanto failed to warn consumers its Roundup weed killer may cause cancer. Oral arguments provided insights on the 7-2 outcome, highlighting issues the jurists were grappling with and showcasing rationales that found their way into the opinion.

  • July 06, 2026

    After Tense Terms, Hints Of High Court Harmony With Circuits

    Following several U.S. Supreme Court terms teeming with reversals and rebukes of lower appeals courts, the justices this term found fault less often with rulings by circuit judges, who are likely becoming better attuned to the conservative supermajority, attorneys say.

  • July 06, 2026

    The Funniest Moments Of The Supreme Court's Term

    When one of the U.S. Supreme Court's most talkative members suddenly struggled to speak, the atmosphere at oral arguments grew increasingly anxious — until the justice deadpanned that it was an advocate's golden opportunity to avoid a grilling.

  • July 06, 2026

    Illumina Looks To Duck DNA Rival's Renewed Antitrust Case

    Illumina told a California federal court an antitrust case from DNA sequencing startup Element Biosciences should be tossed for good because it continues to attack legitimate discounts that do nothing to block competition.

  • July 06, 2026

    DOD, Humana Seek Toss Of $270K Tricare Coverage Row

    The U.S. Department of Defense and a Humana unit urged a D.C. federal court to toss allegations that they wrongfully denied Tricare coverage for a minor's inpatient mental health treatment, arguing the minor's parents lack standing because they weren't billed for the treatment at issue.

  • July 02, 2026

    The Firms That Won Big At The Supreme Court

    This U.S. Supreme Court term featured high-stakes oral arguments on issues including presidential power, immigration and voting regulations. Here's a look at the law firms that argued the most cases and how they fared.

  • July 02, 2026

    The Sharpest Dissents From The Supreme Court Term

    The sharpest dissents this term often involved the president, and pitted conservative and liberal justices against each other on core constitutional issues and questions about the limits to executive power, with nearly a quarter of cases being decided squarely along ideological lines.

  • July 02, 2026

    The Year Donald Trump Won Big At The High Court

    The Supreme Court's conservative supermajority and President Donald Trump largely aligned this year on issues of executive power, resulting in a series of decisions that significantly expanded presidential authority.

  • July 02, 2026

    DOJ Has 'Negligible Interest' In Trans Patient Info, Judge Says

    A California federal judge on Thursday blocked the U.S. Department of Justice from trying to identify individuals who received gender-affirming care from a Stanford Medicine hospital as minors, finding grand jury subpoena demands seeking that information likely violated the Fifth Amendment.

  • July 02, 2026

    8th Circ. Revives Local Conversion Therapy Ban Challenge

    The Eighth Circuit revived a case Thursday challenging local ordinances passed in Kansas City and Jackson County, Missouri, that prohibited the practice of conversion therapy, as it is commonly known, with minors.

  • July 02, 2026

    Judge Questions Imminent Harm In Light Of Valid Passport

    A district judge on Thursday questioned whether a transgender woman suing the government over a new federal policy targeting gender identification was facing an impending threat since her passport with her chosen identity is valid for another six years.

  • July 02, 2026

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court's stark ideological divisions were on full display this term, particularly as it issued long-awaited rulings in the last few days of June. Here, Law360 dives into the numbers behind this court term.

  • July 02, 2026

    CMS Proposes Cut To Hospitals' 340B Drug Reimbursements

    Federal health officials on Thursday proposed a Medicare spending plan that would slash reimbursement for hospitals participating in the 340B drug pricing program and reduce how much all hospitals receive for certain imaging tests.

Expert Analysis

  • A Look At Key 5th Circ. White Collar Rulings So Far This Year

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    In the first half of 2025, the Fifth Circuit has decided numerous cases of particular import to white collar practitioners, which collectively underscore the critical importance of meticulous recordbuilding, procedural compliance and strategic litigation choices at every stage of a case, says Joe Magliolo at Jackson Walker.

  • What US Medicine Onshoring Means For Indian Life Sciences

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    Despite the Trump administration's latest moves to onshore essential medicine manufacturing, India will likely remain an indispensable component of the U.S. drug supply chain, but Indian manufacturers should prepare for stricter compliance checks, says Jashaswi Ghosh at Holon Law Partners.

  • FCA Working Group Reboot Signals EHR Compliance Risk

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    The revival of the False Claims Act working group is an aggressive expansion of enforcement efforts by the Justice Department and the U.S. Department of Health and Human Services targeted toward technology-enabled fraud involving electronic health records and other data, say attorneys at ArentFox Schiff.

  • FDA's Hasty Policymaking Approach Faces APA Challenges

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    Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.

  • The Metamorphosis Of The Major Questions Doctrine

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    The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.

  • A Rapidly Evolving Landscape For Noncompetes In Healthcare

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    A wave of new state laws regulating noncompete agreements in the healthcare sector, varying in scope, approach and enforceability, are shaped by several factors unique to the industry and are likely to distort the market, say attorneys at Seyfarth.

  • Arguing The 8th Amendment For Reduction In FCA Penalties

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    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

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    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.

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    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

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    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

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    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

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    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

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    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.