Policy & Compliance

  • September 08, 2026

    Same Circuit, New Panel For 5th Circ. Abortion Pill Clash

    Louisiana’s push to halt abortion pills by mail heads back to the Fifth Circuit after a quick trip to the U.S. Supreme Court. An entirely new panel of judges is set to take up the case.

  • September 08, 2026

    Anti-Fraud Health Weapon Survives Constitutional Fight

    The Eleventh Circuit decision backing the constitutionality of the False Claims Act's qui tam mechanism isn't the end of challenges to the whistleblower bar and healthcare enforcement.

  • September 08, 2026

    DOL Issues Mental Health Parity Enforcement Guidance

    The U.S. Department of Labor's employee benefits arm issued guidance Tuesday on how to comply with federal laws that require employer health plans to produce an analysis of their mental health and substance use disorder coverage, which remains subject to litigation in D.C. federal court.

  • September 08, 2026

    $2.3M Nemours Foundation's ERISA Deal Clears 1st Hurdle

    A Florida federal judge has granted initial approval to a $2.3 million deal the Nemours Foundation reached with ex-workers who claimed their retirement plan was weighed down by excessive fees, nearly a year after the deal was first rejected by the court.

  • September 08, 2026

    Idaho Supreme Court OKs Revised Abortion Ballot Language

    The Idaho Supreme Court has agreed to revised ballot language for an abortion amendment scheduled to be in front of voters this November. 

  • September 04, 2026

    Humana Says $7.3B Roundup Deal Sidelines Health Insurers

    Humana Inc. alleged in New Jersey federal court that Monsanto Co. is attempting to skirt its obligation to reimburse health insurers for medical expenses stemming from exposure to its Roundup product.

  • September 04, 2026

    Vertex Fertility Aid Plan Would Violate Kickback Law

    A D.C. Circuit panel said Friday that a proposed Vertex Pharmaceutical program that would offer gene therapy patients financial support for fertility services violates the Anti-Kickback Statute, finding the initiative could be an unlawful inducement to purchase a certain medical treatment.

  • September 04, 2026

    9th Circ. Restores Idaho Abortion Ban Enforcement, For Now

    The Ninth Circuit will allow Idaho to fully enforce its abortion ban while the state briefs its request for emergency relief from an order that blocked the ban's application in certain health-related circumstances and declared a fundamental right to some abortions under the U.S. Constitution.

  • September 04, 2026

    ERISA Recap: 5 Appellate Rulings To Know From August

    The Seventh Circuit kept an Arkansas pharmacy benefit manager rule in place as not preempted by federal benefits law, the Fourth Circuit revived an Altria ex-worker's dispute over benefit plan documents, and the Eleventh Circuit reversed a pretrial win for Royal Caribbean in cruise workers' suit challenging 401(k) funds. Here, Law360 looks at those and two other major appellate decisions from August involving ERISA that benefits attorneys may want to know.

  • September 04, 2026

    Hospital Group Wants To Weigh In On $32M Yale Death Verdict

    The Connecticut Hospital Association urged a state appeals court to let it weigh in on a challenge to a nearly $32 million judgment entered against a Yale University-affiliated hospital over a premature baby's death, arguing the case presents important issues surrounding wrongful death damages.

  • September 03, 2026

    Trump Admin Fights Uphill To Beat Vaccine Overhaul Suit

    A California federal judge indicated Thursday that he is likely to reject the federal government's bid to toss litigation from states challenging the Trump administration's decision to cut vaccine recommendations for American children, saying he thinks the states have standing based on the effect the change will have on their healthcare systems.

  • September 03, 2026

    Penn State Health Gets Retirement Fund Suit Trimmed

    A Pennsylvania federal judge agreed to pare claims from a proposed class action against Penn State Health from an employee who alleged mismanagement of two defined-contribution 401(k) and 403(b) plans, but opened discovery allegations that underperforming investment options breached fiduciary duties.

  • September 03, 2026

    HHS OIG Report Targets $380M In Medicare Organ Payments

    A report released by the inspector general for the U.S. Department of Health and Human Services on Thursday estimated Medicare needlessly reimbursed roughly $380 million for organs that weren't used in Medicare-covered transplants, finding a "conflict" between federal statute and agency guidance on reimbursement practices.

  • September 03, 2026

    Pa. Opens Home Care Wage Probes Covering 100K Workers

    Pennsylvania is planning to step up enforcement of wage laws for home care employees, the state's labor secretary has announced, saying these workers are particularly vulnerable to wage theft.

  • September 03, 2026

    Doctor Supervision Regs Unconstitutional In NC, Nurse Says

    North Carolina must do away with regulations requiring nurse practitioners to enter practice agreements with supervising physicians, an owner of several clinics providing menopause-related care argued in a state court complaint, alleging the regulations are arbitrary, costly and violate the state's constitution.

  • September 02, 2026

    States Sue To Block Medicaid Ban On Youth Gender Care

    Twenty state attorneys general on Wednesday challenged the Trump administration's plan to halt Medicaid funding for minors' gender-affirming care, alleging the move would violate federal law and usurp congressional power over government spending.

  • September 02, 2026

    Danish Researcher Pleads Guilty To CDC Grant Money Theft

    A Danish researcher who spent more than 14 years as a fugitive from U.S. authorities pled guilty Tuesday to operating a wire fraud scheme that diverted more than $1 million in grant money intended to fund overseas research into autism and other developmental disorders.

  • September 02, 2026

    2nd Circ. Says PBM Opioid Crisis Suits Belong In Fed. Court

    Local New York governments can't keep dozens of suits alleging two of the nation's largest pharmacy benefit managers contributed to the opioid epidemic in state court, a Second Circuit panel held Wednesday, finding the litigation alleges "indivisible" federal and non-federal conduct by the PBMs.

  • September 02, 2026

    Mylan's Conflict Concerns Halt Antitrust Bellwether Trial Plans

    A Pennsylvania federal judge on Wednesday stayed proceedings and continued the trial date in the sprawling generic drug antitrust case after defendant Mylan alleged that the special discovery master, Saxton & Stump shareholder and former federal judge Lawrence Stengel, has a conflict of interest.

  • September 02, 2026

    Colo. Exits Pharma Group's Challenge Of Drug Discount Law

    A Colorado federal court has thrown out a pharmaceutical industry trade group's challenge of a state law requiring drug manufacturers to sell discounted drugs through contracted pharmacies, finding the group failed to show the law conflicts with federal law or controls business activity beyond Colorado's borders.

  • September 02, 2026

    DOL Backs Aramark Bid To Avoid Aetna ERISA Suit Arbitration

    The U.S. Department of Labor backed Aramark's attempt to keep in court its allegations that Aetna cost the company millions by mismanaging health benefit claims, telling the full Fifth Circuit that a panel correctly held that the case fell under an exception in the arbitration agreement.

  • September 01, 2026

    Mylan Cites 'Immutable Conflict' In 11th Hour Bid To Stay Trial

    Just about a week before the first trial in the sprawling generic drug price-fixing multidistrict litigation, Mylan urged a Pennsylvania federal judge to postpone the trial and stay all proceedings for at least 45 days, claiming that the special master in the case has an "immutable conflict" that impacts not just the pending trial but the entire MDL.

  • September 01, 2026

    'Secret Shoppers' Get ACA Plan Runaround

    Georgetown University researchers shopping incognito for Affordable Care Act insurance plans found misleading claims and even outright falsehoods. Law360 Healthcare Authority talks to lawyer and researcher Amy Killelea about the consequences of misinformation in the insurance market.

  • September 01, 2026

    Treatment Centers Cited Over Unpaid Work By Patients

    Massachusetts' attorney general on Tuesday announced a first-of-its-kind citation of over $1 million against a faith-based substance use treatment program for allegedly having hundreds of participants perform unpaid work, including landscaping and moving, for businesses.

  • September 01, 2026

    Courts Rule On GLP-1 Shortage Row, 340B In Colo. And More

    Law360 Healthcare Authority looks at a Fifth Circuit ruling backing the removal of certain GLP-1 medications from the national drug shortage list, the dismissal of AstraZeneca's challenge to a Colorado law affecting drug distribution under the federal 340B drug discount program and other litigation outcomes impacting the healthcare industry.

Expert Analysis

  • Peptide Policy Is Shifting Toward Sanctioned Compounding

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    The policy landscape for peptides is undergoing a significant shift under the Trump administration, moving toward a complex system of verified compounding and complementary enforcement that will likely bring peptides firmly back into the sphere of legitimate consumer products, say attorneys at Sheppard.

  • Trump Order Signals Tougher Benefits Fraud Probes

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    A recent order from President Donald Trump establishing a federal taskforce for addressing fraud in federally funded benefit programs emphasizes interagency information sharing, potentially affecting a broad range of areas including government contracts, administrative law considerations and False Claims Act cases, say attorneys at Morgan Lewis.

  • The Evolution Of States' Workplace Violence Prevention Laws

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    Utah's new law requiring hospitals to implement comprehensive workplace violence reporting systems continues a broader trend of state efforts to expand workplace protections in the absence of sufficient federal regulations, say attorneys at Ogletree.

  • FDA Guidance May Move Goalposts For Form 483 Responses

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    New draft guidance from the U.S. Food and Drug Administration provides formal insight on how drug manufacturers are expected to respond to Form 483s, raising some concerns about the agency's timelines and expectations, say attorneys at Cooley.

  • 2 Strands Of Patent Law In High Court's 'Skinny Label' Case

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    Amarin v. Hikma, which is set for oral argument in the U.S. Supreme Court this month, highlights the distinction between two different strands of intellectual property law — analogizing a patent to either a property deed or a home, says Jonas McDavit at Spencer West.

  • A Check-Up On HHS' Push To Implement AI Infrastructure

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    The U.S. Department of Health and Human Services has made some headway in its efforts to implement artificial intelligence across its agencies, but will have to overcome a number of near-term tests in order to be successful, says Theodore Thompson at Stinson.

  • Mich. Banking Brief: All The Notable Legal Updates In Q1

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    Michigan's financial services sector saw several significant developments in 2026's first quarter, including the state Department of Insurance and Financial Services' issuance of a bulletin on the use of artificial intelligence and the Michigan House's introduction of a bill based on the Model Money Transmission Modernization Act, say attorneys at Dykema.

  • The Road Ahead For Drug Development In The US

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    Against the backdrop of drug manufacturers potentially looking to move development efforts overseas, the U.S. Food and Drug Administration's latest guidance on new approach methodologies signals the FDA is likely to be receptive to industry innovation that makes U.S.-based drug development faster or less expensive, creating opportunities and compliance risks for tech companies, say attorneys at Morgan Lewis.

  • FDA's Crackdown On Drug Ads Conflicts With Precedent

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    Recent U.S. Food and Drug Administration warning letters to drug manufacturers targeting direct-to-consumer advertising raise significant constitutional concerns, and directly clash with prior FDA stances, say attorneys at Sidley.

  • Informal Announcements Are Reshaping FDA Regulations

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    The U.S. Food and Drug Administration's recent shift toward using press releases, podcasts and other informal channels to announce major policy changes reflects a valid desire to modernize and accelerate regulatory efforts, but it could lead to diminished transparency, increased industry burden and reduced policy durability, says Rachel Turow at Skadden.

  • A Shift In Fed. Circ.'s Approach To Patent Summary Judgment

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    The Federal Circuit's recent decision in Range of Motion v. Armaid may come to be seen as a seminal opinion for potentially exposing and entrenching the Federal Circuit's movement away from its previous framework for identifying obvious noninfringement cases, says Nicholas Nowak at Nowak IP Group.

  • DOJ Actions Suggest Expansion Of Healthcare Enforcement

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    Recent actions by the U.S. Department of Justice and U.S. Food and Drug Administration suggest that federal healthcare enforcement efforts are moving away from traditional program-based fraud and toward cases centered on product integrity, regulatory transparency and telehealth marketing, effectively widening the government's enforcement playbook, say attorneys at MoFo.

  • New Orphan Drug Law Provides A Key Fix For Pharma Cos.

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    The Consolidated Appropriations Act enacted last month restores the U.S. Food and Drug Administration's long-standing interpretation of "same disease or condition," related to orphan drug exclusivity, resolving years of regulatory uncertainty and litigation that have discouraged rare disease research, say attorneys at Spencer Fane.