Policy & Compliance

  • January 16, 2026

    SEC Fines Biopharma Co. Execs Over Hidden FDA Findings

    Former executives of Spero Therapeutics will pay over $187,000 to settle the U.S. Securities and Exchange Commission's claims they downplayed the likelihood that the U.S. Food and Drug Administration would reject the biopharmaceutical company's new drug application in 2022, the commission said on Friday.

  • January 16, 2026

    Planned Parenthood Can Challenge Heartbeat Act, Court Says

    A Texas appeals court on Friday found that Planned Parenthood has standing to challenge the state law that empowers ordinary citizens to prosecute abortion providers, saying Planned Parenthood has done enough to launch a pre-enforcement challenge to the law.

  • January 16, 2026

    Oversight Head Seeks Help From CMS On NY Medicaid Inquiry

    House Oversight and Government Reform Committee Chair James Comer, R-Ky., asked the Centers for Medicare & Medicaid Services on Friday to aid the committee's investigation into whether New York has wrongfully withheld funds for hospitals disproportionately serving Medicaid recipients and uninsured people.

  • January 16, 2026

    La. State Court Greenlights Challenge To Gender Care Ban

    A Louisiana state judge sided with a group of transgender teenagers who argue the state's ban on gender-affirming care for minors is unconstitutional, denying the state's bid to dismiss the case, according to an announcement Friday from the minors' attorneys.

  • January 15, 2026

    Ex-CEO Of COVID Vax Maker Accused Of Insider Trading

    New York Attorney General Letitia James on Thursday sued the former CEO of healthcare contractor Emergent BioSolutions Inc., alleging insider trading amid troubles manufacturing a COVID-19 vaccine, while signing a $900,000 settlement with the company over its approval of an executive trading plan.

  • January 15, 2026

    5th Circ. Revives Allstate's Fraud Suit Over Car Crash Billing

    The Fifth Circuit on Wednesday revived Allstate's racketeering suit alleging doctors and personal injury lawyers unleashed a barrage of unnecessary treatments for car accident patients and caused Allstate to pay $4.7 million in claims, finding the insurer sufficiently pled details about the conspiracy and specifics surrounding each allegedly fake medical billing.

  • January 15, 2026

    Trump Admin Defies Funding K-12 Mental Health Grants

    The Trump administration is fighting an effort by a coalition of U.S. states to preserve at least six months of funding for K-12 mental health grants meant to help students process gun violence, arguing that an earlier court ruling doesn't require the feds to fund the grants.

  • January 15, 2026

    Colo. Eye Clinics Settle Medicaid Double-Billing Claims

    The Colorado attorney general's office announced Thursday that it reached a settlement totaling $520,000 with two eye care clinics that the state claimed were double-billing a Medicaid vision program for more than five years.

  • January 15, 2026

    NC Attys Can Withdraw From 'Unworkable' Nurses' Pay Row

    Two attorneys who said they had "irreconcilable differences" with nurse practitioners who did not meet their contractual financial obligations can withdraw their representation in a minimum wage lawsuit against their employer, a North Carolina federal magistrate judge ruled.

  • January 15, 2026

    CVS Ducks Antitrust But Not Biz Interference Claim At 5th Circ.

    A Fifth Circuit panel has largely sided with CVS Pharmacy and its Caremark affiliate by preserving a district court's dismissal of federal antitrust claims over a Mississippi pharmacy's rejection from participating in the pharmacy benefit manager's network, although the judges did revive state law claims.

  • January 14, 2026

    Pharmacy Wields Antitrust Law In Challenge To GLP-1 Giants

    Eli Lilly & Co. and Novo Nordisk are using their dominant positions in the market for weight loss and diabetes medications to squash potential competitors, including through unlawful exclusivity agreements with telehealth providers, a compounding pharmacy alleged Wednesday in what it calls a landmark antitrust lawsuit.

  • January 14, 2026

    6th Circ. Skips Rethink, But Still Spars Over Indirect Buyer Bar

    A decision by the full Sixth Circuit not to rehear a lawsuit over an alleged allergy testing and treatment provider boycott has turned into an internal dustup about the limits of who can seek damages under federal antitrust law, with one judge calling for U.S. Supreme Court intervention.

  • January 14, 2026

    NJ Judge Orders Mediation In Merck-Cencora Indemnity Fight

    Cencora Inc. can't derail a Merck third-party complaint arguing a prior settlement between the parties requires the drug wholesaler to indemnify Merck in antitrust litigation by Humana, a New Jersey federal court ruled Wednesday, ordering the parties to go to mediation over the dispute.

  • January 14, 2026

    Vizient Beats Spurned Medical Tape Supplier At 5th Circ.

    A Fifth Circuit panel refused to revive an antitrust suit accusing medical supplies group purchasing giant Vizient of locking in hospital customers, agreeing with a district court that a spurned would-be supplier failed at the threshold question of showing a market in which Vizient could be dominant.

  • January 14, 2026

    GOP Senators Say Patients Must See Docs For Abortion Meds

    Republicans on a Senate health panel Wednesday called for the U.S. Food and Drug Administration to reinstate a requirement that pregnant women seeking an abortion via medication must have the drug administered in a doctor's office, not through telehealth or remotely.

  • January 13, 2026

    Ark. Official Urges 7th Circ. Not To Revive Pharma Rule Fight

    An Illinois federal judge correctly upheld an Arkansas insurance regulation designed to protect local pharmacies, the state's insurance commissioner told the Seventh Circuit on Monday, asking the court to toss a Teamsters healthcare plan's bid to renew its challenge to the regulation.

  • January 13, 2026

    EEOC Disability Bias Win Stands, But Damages Shrink

    A Florida federal judge declined a senior living facility's bid for a new trial in a U.S. Equal Employment Opportunity Commission disability bias suit claiming it wouldn't hire a veteran who has PTSD, but cut a $400,000 jury verdict to $50,000 in line with a damages cap.

  • January 13, 2026

    La. Moves To Extradite Calif. Doc Over Abortion Pill Trafficking

    Louisiana Gov. Jeff Landry on Tuesday said he would authorize an extradition request for a California doctor accused of illegally mailing abortion pills to a Louisiana resident, further escalating a legal battle over the reach of state bans in the post-Roe era.

  • January 13, 2026

    Oak Street Exec's Ex-Partner Must Forfeit $617K In Assets

    Federal authorities can delve into the assets of a man who made illegal insider trades of CVS stock based on information from his domestic partner so that they can recover $617,000 he agreed to forfeit as part of a plea deal, a Pennsylvania federal judge said Tuesday.

  • January 13, 2026

    Healthcare Litigation Week In Review

    Law360 Healthcare Authority looks at the past week's top healthcare news.

  • January 13, 2026

    Workers Seek $126M In Seattle Hospital System Wage Row

    Seattle-area hospital system Swedish Health Services should shell out about $126 million to settle wage violations, after a state court found that the system failed to provide a second meal break on longer shifts and that its rounding practices led to unpaid wages, the workers said.

  • January 13, 2026

    Blue States Say HHS Conditions Funding On Anti-Trans Bias

    A dozen Democratic state attorneys general sued the U.S. Department of Health and Human Services on Tuesday, claiming the agency's threat to withhold billions of dollars in funding from states that don't hew to an executive order declaring that gender is immutable conflicts with antidiscrimination law.

  • January 13, 2026

    Gov't Didn't Allege Formula Was Contaminated, Abbott Says

    Abbott Laboratories has urged a Michigan federal judge to throw out a suit brought by the federal government over the 2022 infant formula shortage, saying the government is trying to recoup a "belated windfall" and no tainted formula left its plant's doors.

  • January 13, 2026

    Federal Drug Pricing Policies Irk Biotech Insiders

    As the federal government targets drug and other healthcare costs, biotech insiders say they're getting exasperated.

  • January 13, 2026

    Justices Seem Poised To Greenlight Transgender Athlete Bans

    The conservative wing of the U.S. Supreme Court voiced skepticism of allowing transgender athletes to compete in women's and girls' sports Tuesday, while also signaling a willingness to keep its ruling narrowly tailored.

Expert Analysis

  • What Changed For Healthcare Transaction Law In 2025

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    Though much of the legislation introduced last year to expand state scrutiny of healthcare transactions did not pass, investors should pay close attention to the overarching trends, which are likely to continue in this year's legislative sessions, say attorneys at Ropes & Gray.

  • Expect State Noncompete Reforms, FTC Scrutiny In 2026

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    Employer noncompete practices are facing intensified federal scrutiny and state reforms heading into 2026, with the Federal Trade Commission pivoting to case-by-case enforcement and states continuing to tighten the rules, especially in the healthcare sector, say attorneys at DLA Piper.

  • CMS 2027 Proposal Is Mixed Bag For Medicare Advantage

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    The Centers for Medicare and Medicaid Services' recent proposed rule for the Medicare Advantage and Part D programs gives small organizations reason for optimism, although certain elements may be inconsistent with the Centers' desire to enhance competition, says Christine Clements at Sheppard Mullin.

  • 3 Key Takeaways From Planned Rescheduling Of Cannabis

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    An executive order reviving cannabis rescheduling represents a monumental change for the industry and, while the substance will remain illegal at the federal level, introduces several benefits, including improving state-legal cannabis operators' tax treatment, lowering the industry's legal risk profile, and leaving state-regulated markets largely intact, say attorneys at Dentons.

  • 6 Issues That May Follow The 340B Rebate Pilot Challenge

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    Though the Health Resources and Services Administration withdrew a pending case to reconsider the controversial 340B rebate pilot program, a number of crucial considerations remain, including the likelihood of a rework and questions about what that rework might look like, say attorneys at Spencer Fane.

  • 2026 State AI Bills That Could Expand Liability, Insurance Risk

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    State bills legislating artificial intelligence that are expected to pass in 2026 will reshape the liability landscape for all companies incorporating AI solutions into their business operations, as any novel private rights of action authorized under AI-related statutes signal expanding exposures, say attorneys at Wiley.

  • How 11th Circ.'s Zafirov Decision Could Upend Qui Tam Cases

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    Oral argument before the Eleventh Circuit last month in U.S. ex rel. Zafirov v. Florida Medical Associates suggests that the court may affirm a lower court's opinion that the qui tam provisions of the False Claims Act are unconstitutional — which could wreak havoc on pending and future qui tam cases, say attorneys at Morgan Lewis.

  • Key Trends For Life Sciences Cos. To Watch In 2026

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    Following a year of drastic change at the U.S. Food and Drug Administration, two themes are likely to drive the coming year — a commitment to lowering the cost of drugs and an inherent tension between the priorities of the health agencies and the broader administration, say attorneys at Sheppard Mullin.

  • The Next Pressure Point In Digital Health: Informed Consent

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    Two new federal digital health initiatives will usher in a new era where virtual care, software-enabled devices and home-based monitoring are integrated into care and reimbursement models, with the impact of shifting rules and opportunities felt most immediately in the context of informed consent, says Kimberly Chew at Husch Blackwell.

  • 4 Trends Shaping Drug And Medical Device Law For 2026

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    2025 saw some significant legal developments with potential impact for drug and device manufacturers, ranging from growing skepticism in science and regulatory entities to new regulation of artificial intelligence, say attorneys at Faegre Drinker.

  • Preparing For Congressional Investigations In A Midterm Year

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    2026 will be a consequential year for congressional oversight as the upcoming midterm elections may yield bolder investigations and more aggressive state attorneys general coalitions, so companies should consider adopting risk management measures to get ahead of potential changes, say attorneys at Morgan Lewis.

  • A Meaningful Shift In FDA's Biosimilarity Analysis

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    The U.S. Food and Drug Administration's potential pivot away from routinely requiring comparative efficacy studies for interchangeable biosimilar applications would not lower regulatory standards, but instead allow applicants to allocate resources toward establishing more probative evidence, says Theodore Thompson at Stinson.

  • Top 5 Antitrust Issues For In-House Counsel To Watch In 2026

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    With Trump administration enforcement policy having largely taken shape last year, antitrust issues that in-house counsel should have on the radar range from scrutiny of technology-assisted pricing to the return of merger remedies, say attorneys at Squire Patton.