Policy & Compliance

  • November 17, 2025

    DC Circ. Mulls If Gov't Can Say No To 340B Rebate Program

    The D.C. Circuit is set to decide "who's the decision-maker" in a fight brought by drugmakers over the federal government's efforts to reshape the way they do drug rebates after spending more than an hour and a half Monday morning hearing out all sides.

  • November 17, 2025

    2 Execs Found Guilty In $233M ACA Fraud Scheme

    A Florida federal jury returned a guilty verdict on Monday against a marketing company CEO and insurance brokerage executive who were accused of submitting fraudulent enrollments to fully subsidized Affordable Care Act insurance plans to get millions in commission payments from insurers.

  • November 17, 2025

    B. Braun Unit Inks $38.5M Deal To End FCA Knee Implant Case

    The U.S. Department of Justice on Monday announced a $38.5 million False Claims Act settlement with a subsidiary of German medical device giant B. Braun Melsungen AG resolving accusations it sold a knee replacement implant allegedly known to fail prematurely after surgery.

  • November 17, 2025

    2nd Circ. Questions Experts' Rejection In Tylenol Autism Suits

    A Second Circuit panel on Monday appeared skeptical of a lower-court order that barred every expert witness set to testify for families who allege that patients taking Tylenol while pregnant can cause autism or attention deficit hyperactivity disorder in their children.

  • November 17, 2025

    Hospital Inks $335K Deal To End EEOC Gender Bias Suit

    A Kentucky federal judge signed off Monday on a $335,000 settlement to end a U.S. Equal Employment Opportunity Commission suit claiming a hospital system fired its chief nursing officer after she complained that she lost a promotion due to her gender.

  • November 17, 2025

    Mass. Justices Say Panel Overstepped In Sepsis Death Suit

    Massachusetts' highest court on Monday reinstated medical malpractice claims against a nurse practitioner over a patient's sepsis death, saying a tribunal had stepped beyond its role in vetting an offer of proof by the man's widow.

  • November 17, 2025

    9th Circ. Strikes Down Trans Patients' Win In ACA Bias Case

    The Ninth Circuit upended a win Monday for patients who challenged Blue Cross Blue Shield of Illinois' administration of their employer-provided health plans containing gender-affirming care exclusions, ordering a lower court to reexamine the case in light of intervening authority from the U.S. Supreme Court.

  • November 17, 2025

    Corporate Pilot Fired For Flagging Safety Concerns, Suit Says

    The former head of aviation for an oral surgery management services company in North Carolina says he was canned because of his age and hearing disability and for allegedly reporting flight scheduling practices that he said flouted federal safety laws.

  • November 17, 2025

    No High Court Review For FDA Fast-Track Denial

    The U.S. Supreme Court on Monday said it would not consider whether federal drug regulators went astray in denying fast-track review for a digestive disorder medication being developed by Vanda Pharmaceuticals.

  • November 14, 2025

    Texas Judge Rejects Bid To Block Kenvue's $398M Dividend

    Texas can't stop the makers of Tylenol from marketing the drug as safe for children and pregnant women or halt a nearly $400 million payment to shareholders, a state court ruled on Friday, rejecting arguments by Attorney General Ken Paxton's motion.

  • November 14, 2025

    Fla. Pharmacy To Pay $17M To Settle COVID False Claims Case

    A Tampa, Florida, pharmacy has agreed to pay over $17 million to settle allegations that it knowingly filed false Medicare claims for over-the-counter COVID-19 tests that hadn't gone out to recipients.

  • November 14, 2025

    Drug Buyers Defend Class Cert. In 3rd Circ. Generics Case

    Direct purchasers and end-payers in the sprawling multidistrict litigation over alleged price-fixing of generic drugs are fighting requests from Actavis and Mylan to undo class certification in the cases, arguing to the Third Circuit that the litigation is a classic example of a class action matter.

  • November 14, 2025

    10th Circ. Sides With Rehab Facility In Bias, Retaliation Suit

    The Tenth Circuit refused Friday to reopen an occupational therapist's lawsuit claiming she was unceremoniously let go by a Kansas rehabilitation clinic for reporting a colleague's inappropriate behavior toward women, saying she couldn't revive her suit using arguments the trial court never considered.

  • November 14, 2025

    Horizon BCBS To Pay $100M To End NJ AG's Overcharge Suit

    Horizon Blue Cross Blue Shield of New Jersey has agreed to pay the state $100 million to resolve allegations that it fraudulently secured a multibillion-dollar contract to administer public employee health plans and then systematically overcharged taxpayers for years, Attorney General Matthew J. Platkin announced Friday.

  • November 13, 2025

    NC Biz Court Bulletin: Rulings Spotlight Coverage Clashes

    The North Carolina Business Court plowed into the fourth quarter with two big decisions in insurance disputes that involved $50 million in COVID-19-related losses at a chain of outlet malls, and an industrial accident at a Nucor Corp. iron plant in Louisiana.

  • November 13, 2025

    Donor Info Subpoena Chills Speech, Anti-Abortion Org Says

    An organization that operates anti-abortion pregnancy centers told the U.S. Supreme Court on Thursday that New Jersey is undermining its own subpoena power in a bid to avoid constitutional review of its request for information about the group's donors.

  • November 13, 2025

    Weight-Loss Drug MDL In Pa. Grows With 3 New Jersey Cases

    Three New Jersey cases were grouped into multidistrict litigation accusing Eli Lilly & Co. and Novo Nordisk of downplaying alleged side effects of weight loss drugs like Ozempic and Trulicity, according to a transfer order filed in Pennsylvania federal court.

  • November 13, 2025

    Claims Firms Accused Of Misleading Plaintiffs In Pharma MDL

    A Pennsylvania federal judge has been asked to slow down aggressive marketing campaigns from claims recovery firms that are accused of using false and misleading advertising to attract plaintiffs in a multidistrict litigation action against pharmaceutical companies.

  • November 12, 2025

    Valsartan Cancer Expert Blocked, Ending First Injury Trial

    What was set to be the first bellwether case in the sprawling multidistrict litigation over contaminated blood pressure medication Valsartan was decided Monday when a New Jersey federal judge excluded as "pure speculation" the plaintiff's medical expert who testified that the drug caused a patient's liver cancer.

  • November 12, 2025

    Judge Questions Cigna Site Users' Standing In Data Suit

    A Pennsylvania federal judge suggested Wednesday that she may toss a proposed class action alleging Cigna failed to safeguard private health data by tracking plan members' website usage in violation of state wiretapping and federal privacy laws, ordering the plaintiffs to demonstrate that they have standing to sue.

  • November 12, 2025

    Judge Won't Halt Injunction Blocking Trump's Trans Care Ban

    A Washington federal judge rejected the Trump administration's bid to halt a temporary injunction, saying the president took too long to request a pause in the order, which blocks federal officials from withholding federal healthcare funds to hospitals in four states that provide gender-affirming care. 

  • November 10, 2025

    Law360 MVP Awards Go To Top Attorneys From 76 Firms

    The attorneys chosen as Law360's 2025 MVPs have distinguished themselves from their peers by securing significant achievements in high-stakes litigation, complex global matters and record-breaking deals.

  • November 11, 2025

    'Exceptionalism,' Preemption And A Test For FDA Authority

    University of Pittsburgh law professor Greer Donley talks to Law360 Healthcare Authority about preemption challenges and mifepristone regulation following the GenBioPro decision at the Fourth Circuit.

  • November 11, 2025

    Calif. Justices Uphold Misgendering Law for Care Facilities

    The California Supreme Court has revived a state law requiring long-term care facilities to use residents' preferred names and pronouns, holding that the statute regulates discriminatory conduct, not speech.

  • November 11, 2025

    A Novo Trial Win, AI Suicide Suits, and Humana v. ChenMed

    Law360 Healthcare Authority looks Novo Nordisk's jury trial win on claims it defrauded Washington's Medicaid and Medicare systems, new suits alleging OpenAI disregarded safety risks leading up to the release of a version of ChatGPT last year and other litigation developments shaping the shaping the healthcare industry this week.

Expert Analysis

  • Prison Body Cams Raise Health Privacy Compliance Issues

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    The increasing use of prison staff body cameras to enhance transparency and safety presents correctional healthcare partners with new risk management questions where they must carefully reconcile the benefits of surveillance with the imperative to protect patient privacy, say attorneys at Gordon Rees.

  • Employer Considerations After 11th Circ. Gender Care Ruling

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    The Eleventh Circuit's en banc decision in Lange v. Houston County, Georgia, finding that a health plan did not violate Title VII by excluding coverage for gender-affirming care, shows that plans must be increasingly cognizant of federal and state liability as states pass varying mandates, say attorneys at Miller & Chevalier.

  • How Healthcare Practices Can Prepare For ICE Visits

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    Healthcare providers that may face encounters with immigration enforcement should familiarize themselves with compliance obligations beyond ensuring employment authorization, and mitigate risk by establishing clear policies and specific procedures that safeguard patient rights and manage staff interactions with agents, say attorneys at Roetzel & Andress.

  • Adapting To Calif.'s Enhanced Regulation Of PE In Healthcare

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    New California legislation enhances oversight on the role of private equity groups and hedge funds in healthcare transactions, featuring both a highly targeted nature and vague language that will require organizations to carefully evaluate existing practices, says Andrew Demetriou at Husch Blackwell.

  • Lessons From 7th Circ. Decision Affirming $183M FCA Verdict

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    The Seventh Circuit's decision to uphold a $183 million False Claims Act award against Eli Lilly engages substantively with recurring materiality and scienter questions and provides insights into appellate review of complex trial court judgments, say Ellen London at London & Naor, Li Yu at Bernstein Litowitz and Kimberly Friday at Osborn Maledon.

  • Calif. Justices Continued Anti-Arbitration Trend This Term

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    In the 2024-2025 term, the California Supreme Court justices continued to narrow arbitration's reach under state law, despite state courts' extreme caseload backlog and even as they embraced contractual autonomy in other contexts, says Josephine Petrick at The Norton Law Firm.

  • Steps For Healthcare Providers After Cigna ERISA Settlement

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    Following the Cigna class action's settlement, where Employee Retirement Income Security Act violations arose from Cigna's online provider directory advertising providers as in-network who were actually out-of-network, providers should routinely audit their contract status and directory listings, and proactively coordinate with plans and payor partners, say attorneys at ArentFox Schiff.

  • What's New In FDA's Latest Cell And Gene Therapy Guidance

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    New draft guidance from the U.S. Food and Drug Administration, along with other recent initiatives, come together to promote cell and gene therapy product development by streamlining development and review pathways, say attorneys at Holland & Knight.

  • Adapting To Enforcement Focus On Wound Care Fraud

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    As federal agencies target wound care industry fraud as a top enforcement priority, attorneys advising industry stakeholders should evaluate business relationships for Anti-Kickback Statute violations, emphasize appropriate product use and documentation, and use internal data analytics to monitor billing patterns, say David Tarras at Tarras Defense and Jay McCormack at Verrill Dana.

  • AG Watch: Illinois A Key Player In State-Level Enforcement

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    Illinois Attorney General Kwame Raoul has systematically strengthened his office to fill federal enforcement gaps, oppose Trump administration mandates and advance state policy objectives, particularly by aggressively pursuing labor-related issues, say attorneys at Troutman.

  • Organ Transplant System Reforms Mark Regulatory Overhaul

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    Recent oversight, enforcement and operational developments in the U.S. organ procurement and transplantation system, alongside challenges like the federal shutdown, highlight heightened regulatory scrutiny and the need for compliance to maintain public trust, say attorneys at Hall Render.

  • Federal Grantees May Soon Face More Limitations On Speech

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    If courts accept the administration’s new interpretation of preexisting case law, which attempts to graft onto grant recipients the existing limitations on government contractors' free speech, a more deferential standard may soon apply in determining whether an agency’s refusal or termination of a grant was in violation of the First Amendment, say attorneys at Venable.

  • HHS Wound Care Report Highlights Need For Payment Reform

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    The U.S. Department of Health and Human Services' recent report on potential abuse in Medicare Part B payments for skin substitutes highlights specific fraud schemes, but more importantly emphasizes that broader changes are needed for the wound care sector's fundamentally flawed payment system, say attorneys at Paul Hastings.