Policy & Compliance

  • January 30, 2026

    3rd Circ. Preview: Privacy Issues Top Feb. Argument Lineup

    Issues involving privacy feature prominently on the Third Circuit's February oral argument schedule, with panels set to hear a dispute regarding an optometry business's duty to protect private data belonging to third-party customers, and a case over whether the city of Philadelphia can be sued by a mother after a police officer shared images of her son's death from the scene where he committed suicide.

  • January 30, 2026

    Sentara Health Can't Escape Suit Over Stable Value Fund

    A Virginia federal judge said Friday that Sentara Health can't dodge a suit claiming it failed to kick an underperforming investment fund from its retirement plan, ruling the healthcare system hasn't shown it assessed the fund with the proper due diligence to beat the case.

  • January 30, 2026

    Planned Parenthood Drops Medicaid Fight After 1st Circ. Loss

    Planned Parenthood abandoned a legal challenge to a ban on Medicaid reimbursements for its clinics Friday, following a loss at the First Circuit, which upheld the ban in December.

  • January 30, 2026

    Drugmakers Ask To Appeal Overarching Conspiracy Claim

    A group of pharmaceutical companies that failed to secure a pretrial win on an overarching conspiracy claim in a sprawling generic-drug antitrust enforcement action is asking a Connecticut federal judge to let them seek Second Circuit review, saying the ruling raises a novel legal issue.

  • January 30, 2026

    FTC Requires Facility Sales For $835M Healthcare Deal

    The Federal Trade Commission reached an agreement Friday allowing Sevita Health to move ahead with an $835 million deal for BrightSpring Health Services Inc.'s community living business, conditioned on the sale of more than 100 facilities.

  • January 30, 2026

    1st Circ. Revives Ex-Hasbro Workers' Religious Vax Bias Suit

    Two former Hasbro employees who sought religious exemptions from the company's COVID-19 vaccination policy plausibly alleged they were disciplined because of their accommodation requests, the First Circuit ruled, reviving the workers' retaliation and discrimination suit.

  • January 30, 2026

    Amazon Says Shoppers' Labeling Suit Is Corrupted By AI Errors

    In customers' latest filing in their proposed class action accusing Amazon of failing to make required disclosures on dietary supplement product pages, the e-commerce giant alleges that the plaintiffs have submitted a document riddled with errors derived from the use of generative text.

  • January 30, 2026

    Drug Cos. Want Rethink Of DQ Bid Targeting Ex-Prosecutor  

    More than two dozen pharmaceutical companies accused of fixing generic-drug prices have again asked a Pennsylvania federal judge to disqualify a former Connecticut assistant attorney general now in private practice from representing insurers Humana Inc. and Molina Healthcare Inc. in a sprawling multidistrict litigation proceeding.

  • January 29, 2026

    DOL Proposes Pharmacy Benefit Manager Fee Disclosure Rule

    The U.S. Department of Labor's employee benefits subagency Thursday proposed a rule to require new fee disclosures from pharmacy benefit managers, which act as intermediaries between drugmakers, pharmacies and insurers, to help managers of employee health plans ensure PBM services are reasonably priced.

  • January 29, 2026

    Conn. Drug Price Cap Survives Distributor Challenge, For Now

    The Second Circuit has declined a bid to immediately block the state of Connecticut from enforcing a cap on generic and off-patent drug prices while the Healthcare Distribution Alliance, a collection of wholesale distributors, challenges the new law.

  • January 29, 2026

    United Healthcare Beats Class Cert. Bid Over Breast Surgery

    A New Jersey federal judge on Wednesday declined to certify a proposed class of United Healthcare Insurance plan participants who were denied coverage for post-mastectomy breast reconstruction surgery, finding that she can't determine which standard of review applies to each plan's varying language without conducting individualized, fact-specific inquiries. 

  • January 29, 2026

    Sandoz, Teva Beat Malicious Prosecution Claims, For Now

    Sandoz and Teva have won a reprieve from a former pharmaceutical marketing executive claiming the drugmakers and their officers offered him up to federal prosecutors with fabricated assertions of price-fixing, with a New York federal judge concluding the suit "does not come close" to the standard for malicious prosecution.

  • January 28, 2026

    Ambulance Billing Co. Settles Data Breach Claims

    An ambulance billing service will pay a total of $515,000 to the states of Massachusetts and Connecticut and take measures to improve its data security to settle allegations stemming from a 2022 breach, the Massachusetts Attorney General's Office announced Wednesday.

  • January 28, 2026

    ArentFox Schiff Launches Longevity Industry Group

    ArentFox Schiff LLP on Wednesday announced the launch of a group geared toward advising companies focused on advancing wellness, preventive health care and the longevity of life.

  • January 28, 2026

    Generics Makers Want Hospital Drug Data In Price-Fixing MDL

    A group of 150 hospitals suing generic-drug makers for alleged price fixing in multidistrict litigation should hand over data on their drug purchases, the drugmakers have told a Pennsylvania federal court, arguing they don't sell directly to the hospitals and therefore have no records themselves. 

  • January 27, 2026

    Ohio PBM Suit Belongs In Federal Court, 6th Circ. Rules

    The Sixth Circuit on Tuesday ruled that Ohio's lawsuit accusing pharmacy benefit managers of driving up prescription prices through rebate schemes belongs in federal court, saying in an opinion recommended for publication that the suit imposes liability on conduct undertaken at the direction of a federal officer.

  • January 27, 2026

    Texas AG's Vaccine Probe Draws Fire From Health Experts

    Public health experts are condemning a Texas Attorney General inquiry into Pfizer, UnitedHealth Group and others for allegedly tapping unlawful financial incentives behind childhood vaccines.

  • January 27, 2026

    Texas AG Says Nurse Practitioner Is Shipping Abortion Drugs

    The Texas attorney general told a state court that a Delaware-based nurse practitioner and the organization she operates have shipped abortion pills to Texas, saying Tuesday that the defendants have publicly acknowledged that they send abortion pills to the Lone Star State.

  • January 27, 2026

    CBP's Medical Care Oversight Needs Improvement, GAO Says

    A report issued by the U.S. Government Accountability Office found that U.S. Customs and Border Protection sometimes failed to provide proper medical oversight for certain people in its custody, violating its own policies and guidance for medical care.

  • January 27, 2026

    Novo Nordisk Advances Telehealth Co. Ozempic Ripoff Suit

    A Washington federal judge refused Monday to toss Novo Nordisk's lawsuit accusing telehealth platform Invigor Medical of falsely advertising Ozempic alternatives, ruling that the drugmaker has shown a "tangible stake" in correcting Invigor's alleged practice of misleading consumers into believing its compounded drugs are equivalent to federally approved medications.

  • January 27, 2026

    Long Road For Kaiser Whistleblowers Ends In Historic Payout

    The whistleblowers behind a massive Medicare Advantage "upcoding" case spent years in isolation before a historic settlement was finally reached.

  • January 27, 2026

    Clinic Workers' Vax Bias Suit Needs 2nd Look, 3rd Circ. Says

    A split Third Circuit panel reinstated a religious bias suit claiming Geisinger Medical Center illegally required workers who opposed its COVID-19 vaccine mandate to undergo nasal testing, saying the employees should have been allowed to explore whether a chemical in the nasal swabs made that accommodation unreasonable.

  • January 27, 2026

    Divisions Emerge At 2nd Circ. Over Reproductive Rights Law

    A Second Circuit panel appeared split Tuesday on whether an anti-abortion group challenging a New York state law that bars employers from penalizing workers based on their reproductive health decisions has standing to challenge the law as unconstitutional.

  • January 26, 2026

    Generics Makers Fight Cert. In Cholesterol Drug Pricing MDL

    Generic-drug makers sought to defeat a bid to certify proposed classes comprising thousands of pharmacies that indirectly purchased and resold generics at the center of sprawling price-fixing litigation, telling a Pennsylvania federal court Monday that certification would result in an "unmanageable trial."

  • January 27, 2026

    Record FCA Haul Sends 'Loud' Message On Federal Priorities

    Aggressive enforcement by President Donald Trump's administration and the qui tam bar's success prosecuting fraud even without government intervention helped fuel the explosion in recoveries under the False Claims Act last year, experts say.

Expert Analysis

  • 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.

  • 2025 Legal Milestones That Will Shape Psychedelics Sector

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    As 2025 draws to a close, psychedelic drug development stands at an inflection point, experiencing unprecedented momentum through recent sweeping regulatory changes and landmark clinical milestones, amid rapidly evolving regulatory expectations, say Odette Hauke at Odette Alina LLC and Kimberly Chew at Husch Blackwell.

  • 2025 State AI Laws Expand Liability, Raise Insurance Risks

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    As 2025 nears its end, claims professionals should be aware of trends in state legislation addressing artificial intelligence use, as insurance claims based on some of these liability-expanding statutes are a certainty, say attorneys at Wiley.

  • Learning From 2025 FCA Trends Targeting PE In Healthcare

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    False Claims Act enforcement trends and legislative developments from this year signal intensifying state and federal scrutiny of private equity's growing footprint in healthcare, and the urgency of compliance, says Lisa Re at Arnold & Porter.

  • How 11th Circ.'s Qui Tam Review Could Affect FCA Litigation

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    On Dec. 12, the Eleventh Circuit will hear arguments in U.S. ex rel. Zafirov v. Florida Medical Associates, setting the stage for a decision that could drastically reduce enforcement under the False Claims Act, and presenting an opportunity to seek U.S. Supreme Court review of the act's whistleblower provisions, say attorneys at Epstein Becker.

  • How MAHA Is Taking Shape At The State Level

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    The national spotlight on the federal government's Make America Healthy Again movement is bolstering state-level actions regarding potential health impacts of certain food ingredients, increasing the difficulty and importance of maintaining effective compliance programs, say attorneys at Cooley.

  • A Look At Middlemen Fees In 340B Drug Discount Program

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    A U.S. Senate committee's recent hearing on the Section 340B drug discount program, along with statistical analysis of payment amounts, contribute to a growing consensus that middlemen fees are too high, say William Sarraille at the University of Maryland, and Shanyue Zeng and Rory Martin at IQVIA.

  • Nursing Home Abuse Cases Face 3 Barriers That Need Reform

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    Recent headlines reveal persistent gaps in oversight and protection for vulnerable residents in long-term care, but prosecution of these cases is often stymied by numerous challenges that will require a comprehensive overhaul of regulatory, legal and financial structures to address, says Veronica Finkelstein at Wilmington University.