Policy & Compliance

  • May 14, 2026

    Time For Trial, Judge Says, Nixing DQ Appeal In Generics MDL

    A Pennsylvania federal judge has refused to let generic-drug makers seek Third Circuit intervention in their bid to disqualify the lead counsel for insurers Humana and Molina, concluding the fight would only further delay the long-running case ahead of its first trial in the price-fixing multidistrict litigation.

  • May 13, 2026

    CMS To Keep $1.3B From Calif., Halt New Hospice Enrollment

    The federal government on Wednesday announced it will defer more than $1.3 billion in Medicaid funds from California and halt new Medicare enrollments for hospices and home health agencies, saying it was part of an effort to crack down on fraudulent activity.

  • May 13, 2026

    3 NJ Employers Accused Of Pregnancy Discrimination

    A New Jersey hospital system, a laboratory company and a cleaning business must answer to allegations that they engaged in pregnancy discrimination in the workplace, state enforcers said this week.

  • May 13, 2026

    Washington Hits Providence Health With Pregnancy Bias Suit

    Washington slapped Providence Health & Services with a lawsuit Wednesday claiming the health system routinely rejected accommodation requests from pregnant employees, denying them spaces to pump breast milk, seating and schedule flexibility to attend doctor appointments.

  • May 13, 2026

    DOJ Fraud Division Set To Shake Up White-Collar Enforcement

    President Donald Trump's administration created the U.S. Department of Justice's National Fraud Enforcement Division with a narrow focus on combating government program fraud, but a move to retain federal prosecutors focused on other types of fraud could signal a wider scope with potential ripple effects across white-collar enforcement.

  • May 13, 2026

    Becton Hernia Mesh Antitrust Case Survives Dismissal

    A Pennsylvania federal court has refused to toss an antitrust case from Tela Bio Inc. accusing Becton Dickinson & Co. of abusing its dominant position in the hernia mesh market to block competing products.

  • May 13, 2026

    Provider Says NY Is On The Hook For $3.3M Medicaid Shortfall

    The New York State Department of Health's refusal to enforce payment obligations by Medicaid managed care organizations has cost a Queens-based safety net provider at least $3.3 million in underpayments for behavioral health services, according to a suit filed in New York federal court.

  • May 12, 2026

    Trans Care In Court: Gov't Probes, Forum Concerns And More

    Law360 Healthcare Authority looks at developments over the past week in legal challenges to probes by the Justice Department and Federal Trade Commission concerning the provision of gender-affirming care for transgender minors.

  • May 12, 2026

    Cigna Says HIPAA Doesn't Save Website Privacy Suit

    A proposed group of Cigna health plan participants can't cite HIPAA to keep up their claims that the insurer improperly tracked their private information through its websites, since the privacy law doesn't cover the kind of information the company collected, the insurer told a Pennsylvania federal court.

  • May 12, 2026

    DOJ Playing 'Dirty Pool' With Hospital In Trans Care Subpoena

    A Rhode Island federal judge indicated Tuesday she's likely to quash a subpoena from the U.S. Department of Justice seeking to obtain gender-affirming care medical records from Rhode Island Hospital, saying the DOJ was playing "dirty pool" by filing a motion to enforce the subpoena in another jurisdiction.

  • May 12, 2026

    A Battle Bigger Than Abortion Pills On Deck At High Court

    The outcome of the latest abortion clash at the high court could reach well beyond mifepristone access and make other federal policy changes on hot-button or divisive issues more vulnerable to state challenges.

  • May 12, 2026

    Texas AG Targets CVS DEI Program, Threatens Fraud Probe

    Texas Attorney General Ken Paxton on Tuesday warned CVS Health its diversity, equity and inclusion program for suppliers may violate state and federal antidiscrimination laws and gave the company 14 days to respond or risk a Medicaid fraud investigation.

  • May 12, 2026

    A Look At 'Most Favored Nation' Drug Pricing One Year Later

    A year ago, President Donald Trump signed a wide-ranging executive order to deliver on a longtime goal of his: making drugs cheaper for Americans. Here is where his "Most Favored Nation" drug-pricing program stands now.

  • May 12, 2026

    Makary Out As FDA Commissioner, Trump Says

    U.S. Food and Drug Administration Commissioner Marty Makary is departing the agency, President Donald Trump confirmed on Tuesday, bringing to an end a tumultuous, one-year run as one of the nation's top health officials.

  • May 11, 2026

    Wash. Says Novartis Isn't Harmed By 340B Drug Pricing Law

    Washington is objecting to Novartis' attempt to block a state law that expands the discounts the drugmaker must provide under the federal 340B Drug Pricing Program, telling a federal court that worry about losing money doesn't constitute irreparable harm.

  • May 11, 2026

    Transgender Minor Patients Seek To Block DOJ Subpoenas

    A group of families asked a Maryland federal judge over the weekend to block the U.S. Department of Justice from obtaining private medical records of thousands of transgender minors across the country, saying subpoenas sent to medical providers violate their privacy.

  • May 11, 2026

    NYC Sanctioned For Sluggish Discovery In IVF Sex Bias Suit

    A federal judge sanctioned New York City on Monday for its lethargic discovery responses in a proposed class action claiming a municipal health plan unlawfully blocked gay men from receiving in vitro fertilization coverage, ordering the city to reimburse the couple leading the suit for their efforts to obtain documents.

  • May 11, 2026

    Justices Extend Stay On 5th Circ. Mifepristone Decision

    The U.S. Supreme Court on Monday extended a stay that preserved, for now, telehealth access to the abortion medication mifepristone.

  • May 11, 2026

    Plaintiffs' Attys Sanctioned In Tylenol MDL, Sparking Appeal

    A New York federal court sanctioned a plaintiffs' firm and its co-founder in federal multidistrict litigation by families alleging that prenatal exposure to acetaminophen can cause autism, saying they improperly shared confidential information from the case in related state court actions.

  • May 11, 2026

    Agencies Pitch Employers Offering Voluntary Fertility Benefits

    Federal agencies overseeing employer-provided health coverage proposed new rules aimed at expanding workers' access to coverage for infertility treatments and related health conditions by letting employers offer voluntary fertility health benefit policies for procedures such as in vitro fertilization.

  • May 08, 2026

    FTC's Gender-Care Probe Likely Retaliatory, Judge Says

    The Endocrine Society has convinced a D.C. federal judge that the Federal Trade Commission's motivation for targeting it with a subpoena was likely retaliation for the guidelines the nonprofit produced regarding gender-affirming care.

  • May 08, 2026

    Judge Probes Cert. For Diverse Worker Class In No-Poach Suit

    An Illinois federal judge considering whether to certify a class of former health care employees claiming their wages were suppressed by alleged no-poach agreements between DaVita, UnitedHealth Group's Surgical Care Affiliates and Tenet Healthcare Corp. unit United Surgical Partners International questioned Friday if the group of senior-level workers was too diverse for class treatment.

  • May 08, 2026

    Ohio Health System Looks To Toss DOJ Antitrust Case

    OhioHealth told a federal court Friday the antitrust case from the U.S. Department of Justice and state enforcers over the hospital system's contracts with insurers would limit competition, not restore it.

  • May 08, 2026

    4th Circ. Backs Toss Of Fired Worker's Whistleblower Suit

    The Fourth Circuit upheld the dismissal Friday of a home health salesperson's suit claiming he was fired out of retaliation for complaining about sexual comments made at a company picnic, ruling the lower court used the correct legal standard to throw out his case.

  • May 08, 2026

    Using FCA To Go After DEI Poses Legal Hurdles For DOJ

    The Trump administration's use of the False Claims Act to go after DEI policies diverges from past administrations' use of the civil fraud statute to tackle policy initiatives in key ways that may pose legal challenges to enforcement.

Expert Analysis

  • 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.

  • FDA User Fee Talks Offer Clues On Upcoming Reforms

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    As the U.S. Food and Drug Administration undergoes the User Fee Act reauthorization process and renegotiates its user fee agreements over the next several months, the agency's consultation meetings with relevant industries can shed light on the FDA's priorities, and provides stakeholders an opportunity to participate in the reform process, say attorneys at Holland & Knight.

  • Changes Coming To The SBIR And STTR Programs

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    Legislation recently approved by Congress to reauthorize the Small Business Innovation Research and Small Business Technology Transfer Programs includes changes focused on national security that would improve transparency but also increase applicants' administrative burdens, slow the awards process and likely increase litigation, say attorneys at Fluet & Associates.