Policy & Compliance

  • December 02, 2025

    Health Hires: Goodwin Partner Joins Incyte, Gilead GC Exits

    Law360 Healthcare Authority looks at the week's most notable personnel changes in the healthcare and life sciences industries.

  • December 02, 2025

    Post-Gazette Publisher Tries Again To Pause Benefits Order

    If the Pittsburgh Post-Gazette must restore its union-represented editorial staff's pre-2020 healthcare benefits, it will shut down, the newspaper's publisher claimed in a brief filed with the Third Circuit, requesting another shot at pausing an injunction that compelled the paper to restore the benefits.

  • December 02, 2025

    Defamation Litigation Roundup: FDA, Lively, Alexander Bros.

    In this month's review of defamation fights, Law360 highlights a pharmaceutical company's suit against a former U.S. Food and Drug Administration official, as well as the latest decision siding against President Donald Trump in his fights with media companies.

  • December 02, 2025

    5th Circ. Wary Of FDA Process Behind Rule For New Vapes

    A Fifth Circuit panel appeared skeptical Tuesday that the U.S. Food and Drug Administration properly accounted for how a new rule for premarket authorization of new tobacco products would affect small businesses in the industry.

  • December 02, 2025

    Breast Pump Co. To Pay $1M For Alleged Tricare Overbilling

    The U.S. Attorney's Office for the Eastern District of Pennsylvania reached a $1 million settlement with a breast pump company and its owner, resolving allegations that they submitted false claims for reimbursement for service members and their families.

  • December 02, 2025

    Plan Members Assert Standing In Cigna Data Breach Fight

    A group of Cigna health plan participants who claimed that the company failed to protect their data when it tracked their website activities asked a Pennsylvania federal judge not to throw out the suit, arguing that the proposed class had standing to sue over the alleged violations of state and federal privacy laws.

  • December 02, 2025

    Under New Chair, Fed. Vax Panel To Redo Hep B Vote

    The new chair of an influential federal vaccine advisory panel is set to lead a vote this week on whether to roll back federal recommendations that newborns get vaccinated against hepatitis B.

  • December 02, 2025

    Justices Skeptical Of NJ Subpoena For Anti-Abortion Donors

    Several U.S. Supreme Court justices appeared sympathetic Tuesday to an anti-abortion pregnancy-center network's bid to challenge a subpoena from the New Jersey attorney general, pressing the state on whether its demand for donor identities and internal documents risked unconstitutionally chilling First Amendment associational rights.

  • December 02, 2025

    Safe-Injection Site Ignites New Religious Liberty Debate

    Law360 Healthcare Authority talks to Benjamin A. Barsky of the University of California College of the Law, San Francisco about safe injection sites, religious liberty arguments in healthcare, and a Third Circuit ruling with possible ramifications for both.

  • December 02, 2025

    Conflict Looms Over State Medical Debt Credit-Report Bans

    An about-face by the Consumer Financial Protection Bureau on medical debt and credit reports is animating a legal debate over preemption and state-level prohibitions meant to protect consumers.

  • December 02, 2025

    Hospital Says EEOC Neglected Presuit Conciliation Obligation

    The U.S. Equal Employment Opportunity Commission failed to satisfy its conciliation obligations before filing an age discrimination lawsuit against a Colorado hospital, the facility told a federal court, arguing that the case should be paused for the parties to try to work out a deal.

  • December 02, 2025

    $4.6M Garnet Health Deal Over Retirement Plan Gets Initial OK

    A New York federal judge granted initial approval Tuesday to a $4.6 million class action settlement between Garnet Health Medical Center and workers who challenged their employee retirement plan's fees and investments, which comes after parties reported a deal to end the case in September.

  • December 01, 2025

    Hospitals Slam HHS' Move From Drug Discounts To Rebates

    The American Hospital Association is leading litigation challenging the Trump administration's abrupt changes to a decades-old program governing the distribution of discounted prescriptions to low-income patients, telling a Maine federal court Monday that the government is unlawfully ignoring the costly impacts a rebate system will have on hospitals.

  • December 01, 2025

    1st Circ. Tosses Omni's Medicare Fraud Suit Over UTI Tests

    A First Circuit panel declined to revive Omni Healthcare's False Claims Act suit accusing MD Labs of billing Medicare for unnecessary urinary tract infection tests, explaining in a published opinion Monday that Omni Healthcare's own staff ordered each test — sometimes even replacing doctors' orders for cheaper tests with the pricier ones.

  • December 01, 2025

    2nd Circ. Backs Anti-Abortion Groups' Free Speech Rights

    New York Attorney General Letitia James can't sue faith-based groups promoting a so-called treatment to reverse medication-induced abortions, finding the groups are likely to succeed on the merits of their First Amendment challenge, the Second Circuit said Monday.

  • December 01, 2025

    J&J Narrows Ex-Employees' Prescription Benefits Suit

    Johnson & Johnson narrowed a proposed class action claiming it unlawfully overcharged employees through a prescription drug benefits program, with a New Jersey federal judge ruling workers leading the suit failed to show how allegedly excessive fees the company paid to a benefits manager caused participants' costs to rise.

  • December 01, 2025

    Judge Upholds Mich. MedMal Cap, Cuts $8.5M Verdict

    A Michigan federal judge has slashed the $8.5 million a jury awarded to the estate of a cancer patient suing over his doctor's treatment decisions to about $615,000, ruling that a state law limiting noneconomic damages in medical malpractice cases is constitutional. 

  • November 26, 2025

    Up Next At High Court: ISP Liability & State Subpoena Suits

    The U.S. Supreme Court will return Monday for the first week of its December oral argument session, during which the justices will consider whether internet service providers can be held liable for contributing to their customers' infringing activity online and whether the subjects of state subpoenas are required to first challenge them in state court. 

  • November 26, 2025

    Nurse For App-Based Health Co. Can't Revive Retaliation Suit

    A Washington appeals court refused to revive a nurse's suit claiming she was fired from an app-based medical provider for complaining that it underpaid and overworked independent contractors, ruling she failed to show her termination was because of her concerns rather than reports that she was unprofessional.

  • November 25, 2025

    UnitedHealth Gets OptumRx Antitrust Suit Sent To Arbitration

    A group of independent pharmacies must arbitrate their proposed class claims that UnitedHealth-owned OptumRx gatekeeps its network of Medicare prescription patients by imposing unfair fees, a Washington federal judge said Tuesday, concluding the pharmacies haven't shown the arbitration clauses in question are unenforceable.

  • November 25, 2025

    Mich. Pharmacist Gets 46 Months For $4M Fraud Scheme

    A former Michigan pharmacist who pled guilty to orchestrating a $4 million Medicare scam was sentenced by a federal judge to 46 months in prison and ordered to pay restitution and forfeit property as part of a plea deal, the U.S. Department of Justice announced.

  • November 24, 2025

    9th Circ. Clarifies FTC's Sanction Power In Backing $7M Win

    The Ninth Circuit affirmed Monday a $7.3 million compensatory sanction and asset-freeze injunction against executives behind the "Success By Health" pyramid scheme, rejecting their argument, among others, that the justices' AMG v. FTC ruling requires the Federal Trade Commission to hold administrative proceedings before suing over rule violations.

  • November 24, 2025

    Teamsters Health Plan Wants Data Breach Suit Tossed

    A Massachusetts federal judge should toss a proposed class action accusing a Teamsters healthcare plan of failing to protect plan participants' personal information, the plan argued, seeking dismissal of a suit that seeks to hold the plan liable for an August data breach.

  • November 24, 2025

    Mass. Judge Says States Can Fight Planned Parenthood Cuts

    A Massachusetts federal judge on Monday chided a Trump administration lawyer for continuing to argue that a coalition of states lacks standing to seek to block what it says is the effective defunding of Planned Parenthood, even as it only just received a lengthy list of new requirements for Medicaid reimbursement.

  • November 24, 2025

    Mich. Christian Health Group Claims Right To Deny Trans Care

    A Christian health system urged a federal court to permanently prohibit Michigan from enforcing a state civil rights law barring discrimination based on sexual orientation and gender identity, arguing the statute unconstitutionally hampers its ability to make faith-based hiring and policy decisions.

Expert Analysis

  • 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.

  • A Shifting Trend In FDA Form 483 Disclosure Obligations

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    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.

  • The Future Of Lab-Test Regs After FDA Rescinds Rule

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    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.

  • Unpacking Ore. Law's Limits On PE Healthcare Investment

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    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.

  • Criminal Healthcare Fraud Takeaways From 4th Circ. Reversal

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    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.

  • AG Watch: Texas Embraces The MAHA Movement

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    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.

  • How States Are Regulating Health Insurers' AI Usage

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    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.

  • HHS Plan To Cut Immigrant Benefits Spurs Provider Questions

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    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.

  • Noncompete Forecast Shows Tough Weather For Employers

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    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.