Policy & Compliance
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March 24, 2025
Residents Rip Hospital Co.'s 'Scorched-Earth' Sanctions Bid
A proposed class of Connecticut residents pursuing antitrust claims against Hartford HealthCare Corp. slammed the company's bid to sanction them for seeking judicial enforcement of a document exchange deal the parties had reached, arguing that sanctions would only complicate discovery rather than help it along.
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March 21, 2025
Judge Says Anti-Abortion Group's Clinic Blockades Are Illegal
A New York federal judge ruled Thursday that an anti-abortion group violated federal and New York state laws prohibiting interference with reproductive health services, saying evidence made clear group members physically obstructed access to three reproductive health care clinics in New York City.
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March 21, 2025
Novartis Urges Court To Make FDA Block Entresto Generic
Novartis says the U.S. Food & Drug Administration has made a drug marketing exclusivity window "meaningless" and wants a D.C. federal judge to block a rival from selling a generic drug that would compete with its blockbuster heart medication Entresto.
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March 21, 2025
NC Top Court Revives Constitutional Claim In Forced Vax Suit
The North Carolina Supreme Court Friday partially revived a family's lawsuit alleging a 14-year-old was given a COVID-19 vaccine without his parents' consent, saying a federal law that shields certain activity aimed at resolving the spread of disease during a public health emergency covers tort injuries, not state constitutional violations.
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March 21, 2025
New Mexico Lawmakers Approve Medical Psilocybin Bill
New Mexico lawmakers have given final approval to legislation to create a regulated medical psilocybin program, sending the proposal to the governor's desk.
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March 21, 2025
Idaho Hospital Wins Reprieve From State Abortion Ban
Idaho's near-total abortion ban "must yield" to a federal requirement that doctors provide emergency abortions for pregnant women facing severe injuries, an Idaho federal judge ruled.
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March 20, 2025
Texas Says Planned Parenthood Can't Get Atty Immunity
Texas has urged the full Fifth Circuit to reconsider a panel's decision concluding that Planned Parenthood is entitled to attorney immunity in a whistleblower suit accusing the organization of improperly billing Medicaid programs, saying state-law attorney immunity doesn't apply.
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March 20, 2025
8th Circ. Won't Pause FTC's Insulin Pricing Case
The Eighth Circuit refused Thursday to pause the Federal Trade Commission's in-house case accusing Caremark Rx, Express Scripts and OptumRx of artificially inflating insulin prices while the pharmacy benefit managers challenge the constitutionality of the proceedings.
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March 20, 2025
MiMedx Challenges FDA Classification Of Wound Care Powder
Biomedical company MiMedx Group urged a Georgia federal judge on Thursday to overturn the U.S. Food and Drug Administration's classification of a wound care treatment as a biological product, arguing the agency misapplied its own regulations.
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March 20, 2025
4th Circ. Seems Open To Reviving Pregnant Worker's Bias Suit
The Fourth Circuit seemed receptive Thursday to a former hospital worker's argument that she was unlawfully fired for a pregnancy-related disability, pondering whether the lower court had relied on an outdated interpretation of disability bias law when it tossed her case.
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March 20, 2025
6th Circ. Judge Skeptical Of Mich. Newborn Screening Ruling
A Sixth Circuit panel questioned Thursday if Michigan's practice of holding onto blood samples collected through a newborn health screening program violates parents' rights to make medical decisions for their children, with one judge saying he didn't see evidence for that proposition.
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March 19, 2025
Abortion Case May Be Just The Start For Empowered Paxton
Texas Attorney General Ken Paxton's announcement of the first criminal charges under the state's abortion ban comes amid a political shift in which lawmakers are increasingly willing to empower the state's top legal office, potentially setting up a court battle over how much clout the AG should wield.
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March 19, 2025
Judge Questions Standing In DEI Executive Orders Challenge
A D.C. federal judge on Wednesday questioned whether three civil rights nonprofits have standing to block the Trump administration's executive orders ending federal diversity, equity, inclusion and accessibility programs and cutting off funding for groups focused on minority populations.
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March 19, 2025
Utah Hospital Can't Nix EMTALA Claim In Suicide Attempt Suit
A Utah federal court denied a hospital's second attempt to toss a patient's claim under the Emergency Medical Treatment and Active Labor Act, finding that facts remain in dispute regarding the patient's admittance and subsequent transfer to another facility following a suicide attempt.
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March 19, 2025
Amazon's PillPack Agrees To Pay $6.5M To End TCPA Suit
The lead plaintiff has asked a Washington federal judge to approve a $6.5 million settlement to end a class action alleging Amazon.com affiliate PillPack LLC was responsible for unsolicited telemarketing calls that violated a federal consumer law restricting robocalls and texts.
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March 19, 2025
Ohio Opioid Judge Says Texas Court Should Hear Appeal Bid
An Ohio federal judge overseeing multidistrict opioid litigation denied Albertsons Cos.' request to appeal its summary judgment loss in the bellwether case brought by a Texas county, saying Wednesday that since pretrial proceedings are now done, the appeal should head to the appellate court for the Lone Star State.
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March 19, 2025
Anesthesiology Giant Says Private Antitrust Suit Has No Legs
U.S. Anesthesia Partners wants out of a proposed class action accusing it of monopolizing the Texas anesthesia market through a private equity-powered "roll-up" strategy, saying the man behind the lawsuit doesn't have standing to sue and has simply "repackaged" FTC allegations.
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March 19, 2025
UMass Medical Execs To Face Retaliation Claim In Vax Dispute
The medical director at UMass Memorial Medical Center has won dismissal of retaliation claims brought by one of the Massachusetts institution's former compliance executives who declined a COVID-19 vaccine, but two other leaders will have to face claims that the ex-executive's firing was tied to her request for work accommodations.
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March 19, 2025
Law360 Announces The Members Of Its 2025 Editorial Boards
Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.
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March 19, 2025
Purdue Pharma Files New $7.4B Ch. 11 Plan Settlement
Bankrupt OxyContin maker Purdue Pharma LP filed a new Chapter 11 plan in a New York bankruptcy court, including a $6.5 billion payment from members of the Sackler family who own the company and $900 million from the debtor, that aims to compensate thousands of creditors for damages from opioid sales.
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March 18, 2025
Texas Abortion Charges, HHS Rehirings And FTC Deal Warning
The Trump administration is seeking an emergency halt of a Maryland federal court order that led the Department of Health and Human Services to delay the terminations of almost 3,000 probationary employees, arguing it has burdened HHS and over a dozen other federal agencies behind the mass firings. Here, Law360 Healthcare Authority looks at these and other significant cases and decisions that shaped the healthcare industry over the last week.
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March 18, 2025
HHS Seeks Early Win Over Lilly, Novartis, BMS In Rebate Row
The U.S. Department of Health and Human Services urged a D.C. federal judge Monday to grant it an early win against behemoth drugmakers' claims that it unlawfully blocked their plans to offer after-the-fact rebates, rather than up-front discounts, to safety-net hospitals via a decades-old federal drug pricing program.
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March 18, 2025
Ga. Hospital Failed To Protect Data Of 120K, Patient Says
A former patient of a southwest Georgia hospital hit the provider with a proposed class action Monday over a data breach last year, alleging that it failed to secure 120,000 customers' personal information before it was filched in a cyberattack.
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March 18, 2025
NIH Avoids Contempt In Trans Case Despite Judge's Criticism
A federal judge said there is no clear evidence that the National Institutes of Health's revoking a Washington hospital's research grant violated her order blocking President Donald Trump's efforts to cut funding for gender-affirming care for young people, but the judge chastised the administration for its "narrow and self-serving view" of what makes up care.
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March 18, 2025
Ky. Abortion Ban Carveouts Stir Concerns Over Clarity
Kentucky lawmakers passed a bill spelling out medical exceptions to the state's strict post-Dobbs abortion ban. The bill, drafted by anti-abortion lawmakers, is stoking concerns that it could lead to more restrictions in emergency situations.
Expert Analysis
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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Digging Into The Debate On FDA's Proposed Lab Test Rule
A proposed 10-word amendment from the U.S. Food and Drug Administration represents a sea change in device regulation as it would summarily end decades of FDA enforcement discretion for laboratory developed tests, and the public comments offer some insight into the future of this long-running saga, say attorneys at Mintz.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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AI In Health Law: The Top Guest Articles Of 2023
As the use of artificial intelligence accelerated this year, Expert Analysis writers examined AI's significant impact on the healthcare sector, ranging from key compliance considerations for companies utilizing AI tools to regulators' efforts to keep up with rapidly evolving technologies.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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Inside Higher Education's New FCA Liability Challenges
As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.
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AI Executive Order's Life Science, Healthcare Industry Effects
The recent White House executive order to manage risks associated with artificial intelligence includes provisions specific to healthcare and life sciences that merit special attention, including transparency, human oversight of AI output, and real world performance monitoring, say attorneys at Ropes & Gray.
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HHS Advisory Highlights Free Product Inducement Risks
A recent U.S. Department of Health and Human Services advisory opinion highlights concerns that valuable free products and other inducements may influence patients and providers to choose one manufacturer’s product over another, notwithstanding that such free healthcare products may be a benefit, say attorneys at Morgan Lewis.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Top 10 Whistleblowing And Retaliation Events Of 2023
The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.
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Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.