Policy & Compliance

  • April 14, 2026

    FDA Offers Guidance On Safety Testing For Gene-Editing Tech

    The U.S. Food and Drug Administration on Tuesday issued draft guidance recommending steps drug companies should take to evaluate the safety of gene-editing technology as they seek federal approval for cutting-edge treatments aimed at genetic diseases.

  • April 14, 2026

    Doctors Hope Justices Maintain Shield Against Med Mal Suits

    A case headed to the U.S. Supreme Court next week could roll back a legal doctrine that physicians say is key to protecting them from frivolous medical malpractice suits filed by patients who've already lost in state court.

  • April 14, 2026

    7th Circ. Suggests High Court Ruling Supports Ark. PBM Rule

    The Seventh Circuit appeared reluctant Tuesday to revive a union fund's challenge to an Arkansas rule making health plans disclose pharmacy compensation and pay fees, with judges pointing to a 2020 U.S. Supreme Court ruling that permitted state cost regulations on pharmacy benefit managers.

  • April 14, 2026

    Mich. AG Says PBMs Can't Duck Drug-Pricing Suit

    Two pharmacy benefit managers can't dodge an antitrust lawsuit accusing them of price-fixing reimbursement rates because Michigan has properly claimed an antitrust violation, state Attorney General Dana Nessel told a federal court, asking it to toss aside the PBMs' dismissal bid. 

  • April 14, 2026

    Vehicle Co. Inks $150K Deal To End Tobacco Fee Suit

    International Motors LLC, formerly Navistar, has agreed to pay $150,000 to resolve a suit claiming the company illegally charged workers an extra $600 a year if they used tobacco without giving them a proper avenue to dodge the fee, according to an Illinois federal court filing.

  • April 14, 2026

    Screening Time Deal Doesn't Bar Break Suit, Wash. Panel Says

    An eldercare company's class settlement over COVID-19 screening time doesn't bar a separate suit claiming the company failed to pay workers for missed meal breaks, a Washington state appeals court ruled, reviving the break claims.

  • April 13, 2026

    Ill. Judge Wants More Proof To Recalculate Kickback Damages

    An Illinois federal judge tasked with recalculating damages from a home health company's referral kickback scheme said Monday that she needs more complete and reliable evidence to help determine the appropriate amount, but allowed the government to continue offsetting Medicare payments as part of its judgment collection bid.

  • April 13, 2026

    Mylan Can't Revive Copaxone Antitrust Claims Against Teva

    A New Jersey federal judge sided Monday with a special master's recommendations to nix some of the parallel claims from Mylan and retailers like Walgreens accusing Teva of using regulatory deception, false advertising, improper rebates and more to delay generic competition to its Copaxone multiple sclerosis treatment.

  • April 13, 2026

    Abbott Urges Toss Of Relator, State Suits In FCA Recall Row

    Abbott Laboratories urged a Michigan federal court to throw out litigation brought by whistleblowers and a group of states over the 2022 infant formula shortage, saying their respective complaints lacked the details necessary to support claims that it defrauded numerous healthcare programs.

  • April 10, 2026

    Chest Binders Become Latest Front In Anti-Trans Litigation

    Chest binders — medical devices that can be used by individuals experiencing gender dysphoria or who want a more gender-neutral alternative to bras — have emerged as the newest target in an unfolding regulatory and legal climate that transgender advocates describe as an overtly partisan political attack against a type of product that the U.S. Food and Drug Administration has deemed the least risky.

  • April 10, 2026

    Wisconsin High Court OKs COVID Immunity For Hospitals

    A Wisconsin state appeals court erred when it held that a statute shielding healthcare providers from civil liability during the early months of the COVID-19 pandemic violated a woman's constitutional right to a jury, the state's highest court ruled unanimously Friday.

  • April 10, 2026

    Colo. Transport Co. Says Termination Lacked Due Process

    A medical transportation company that provided transportation services for Medicaid users in Denver asked a Colorado state judge to reverse a termination of its services from the state, claiming the statute used to issue the termination against the company is unconstitutional.

  • April 10, 2026

    Compass Group Workers Get Cert. For Tobacco Fee Suit

    Former employees for food service company Compass Group USA have secured class certification for their Missouri federal lawsuit claiming the company's $48 bi-weekly health insurance fee for tobacco using-workers violates federal law.

  • April 10, 2026

    Philip Morris Urges 11th Circ. To Affirm FDA Rule Toss

    Philip Morris urged the Eleventh Circuit to affirm a decision that struck down a U.S. Food and Drug Administration rule calling for graphic warnings on cigarette packaging, arguing a district court rightly found the FDA had not followed proper procedure when crafting the regulations.

  • April 10, 2026

    Drugmakers Can Intervene In Texas, Fla. Abortion Drug Suit

    A federal judge Friday allowed abortion medication manufacturers GenBioPro Inc. and Danco Laboratories to intervene in litigation brought by the states of Texas and Florida seeking to undo a slew of federal regulations concerning the abortion drug mifepristone.

  • April 10, 2026

    Elevance Can't Nix Suit Over GLP-1 Coverage For Sleep Apnea

    An Indiana federal judge declined to toss a proposed class action claiming Elevance Health Inc. illegally denied coverage for a GLP-1 weight loss medication that was prescribed to treat sleep apnea, ruling that the insurance company is the right party to answer to the allegations at play.

  • April 10, 2026

    Ill. Jury Adds $17M Punitive Award To Baby Formula Verdict

    Illinois jurors on Friday slapped another $17 million in punitive damages atop the $53 million they awarded the previous afternoon to four mothers who accused Abbott Laboratories of selling preterm infant formula that contributed to a serious and often fatal gut condition their babies developed.

  • April 09, 2026

    Yale Medical School Can't Nix Fraudulent Insemination Suit

    Yale can't escape a negligence suit by onetime patients alleging its former fertility doctor secretly inseminated them with his own sperm, after a Connecticut judge said that a letter from an anonymous doctor, which is mandated by law to support their claims, met the statutory requirements.

  • April 09, 2026

    Irish Mallinckrodt Unit Stuck In Drug Price-Fixing Suit

    An Irish entity of drugmaker Mallinckrodt waited too long to seek dismissal of a price-fixing lawsuit brought by states based on a lack of personal jurisdiction or proper service, a Connecticut federal judge has ruled, finding that the company first raised that argument more than five years after the complaint was filed.

  • April 09, 2026

    Cigna 401(k) Suit Won't Wait For Intel Supreme Court Decision

    A Pennsylvania federal court turned down Cigna's bid to stay a proposed class action alleging the insurance company misspent forfeitures from its employee 401(k) plan and offered an underperforming investment fund while the U.S. Supreme Court considers a 401(k) suit against Intel, finding the request unjustified.

  • April 09, 2026

    Abbott Hit With $53M Verdict Over Baby Formula Harms

    A Cook County jury on Thursday awarded a total of $53 million in damages to four mothers claiming Abbott Laboratories' preterm baby formula contributed to their babies' development of a serious and often fatal gut condition, in the first of such claims to go to trial in Illinois.

  • April 09, 2026

    Nonprofit Insurer Wants To Seek AstraZeneca Claims Revival

    EmblemHealth asked a Massachusetts federal judge to let it seek First Circuit intervention against a decision that cut in half its proposed class action accusing AstraZeneca unit Alexion of using sham patents to protect blood disorder treatment Soliris from biosimilar rivals.

  • April 09, 2026

    Philly Injection Site Row Judge Rejects Nonprofit's 'Ploy'

    A Pennsylvania federal judge on Thursday called the addition of overdose prevention nonprofit Safehouse's president as a counterclaim plaintiff in the government's suit to stop it from launching a safe-injection site in Philadelphia a "ploy" to add another to the ranks of those claiming the government infringed the group's religious freedom.

  • April 09, 2026

    US Again Urges High Court To Back Drug Price Program

    The administration of President Donald Trump again urged the Supreme Court not to hear a challenge to the Medicare drug price negotiation program, arguing against a constitutional challenge brought by Boehringer Ingelheim that drug companies aren't forced to accept lower prices because they can choose not to participate. 

  • April 08, 2026

    Ed. Dept. Says It's Not Required To Fund $1B In Youth Grants

    The U.S. Department of Education denied accusations by 16 U.S. states that it is flouting a court order to restore nearly $1 billion in K–12 mental health grants, arguing in a Western District of Washington filing that the order required officials to re-review the grants, not actually provide full funding.

Expert Analysis

  • What We Know About DOJ's New FCA Enforcement Priorities

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    Recent remarks from the leader of the Justice Department’s commercial litigation branch provide key insights on how False Claims Act cases — especially healthcare fraud, trade fraud, antidiscrimination and cybersecurity claims — will be evaluated, prioritized and pursued as heightened enforcement becomes the new normal, say attorneys at Latham.

  • How PBMs Can Adapt To Plan Sponsors' Disclosure Demands

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    As federal reforms, growing state regulation and litigation threats push plan sponsors to expect visibility into revenue streams, pharmacy benefit managers should leverage transparency strategically, including by simplifying how they get paid, offering clients audit-ready data and co-designing contracts that are easy for fiduciaries to explain and defend, says Kristie Blase at Frazer + Blase.

  • How To Engage With Gov't's Direct-To-Consumer Drug Policy

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    The U.S. Department of Health and Human Services' recent request for industry input on manufacturers' direct-to-consumer drug sales reflects the government's caution in this arena, and allows stakeholders a rare opportunity to help shape policy, says Mary Kohler at Kohler Health Law.

  • When Fraud Involvement Disqualifies FCA Whistleblowers

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    A Massachusetts federal court's recent dismissal of a False Claims Act relator in U.S. ex rel. Perry v. First Psychiatric Planners provides instructive insight into when whistleblowers may be denied their share of settlement proceeds, even if their involvement in the underlying fraud is a step removed, say attorneys at Holland & Knight.

  • Lessons From Justices' Split On Major Questions Doctrine

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    The justices' varied opinions in Learning Resources v. Trump, which held the International Emergency Economy Powers Act did not confer the power to impose tariffs, offer a meaningful window into the U.S. Supreme Court's perspective on the major questions doctrine that will likely shape lower courts' approach to executive action challenges, say attorneys at Venable.

  • Drug Wholesaler's DPA Shows Imperfect Efforts Still Count

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    Atlantic Biologicals’ recent deferred prosecution agreement with federal prosecutors for allegedly distributing controlled substances to pill mill pharmacies demonstrates that even subpar cooperation, when combined with genuine remediation and strategic advocacy, can yield outcomes that protect a company's long-term interests, says Jonathan Porter at Husch Blackwell.

  • Key Takeaways As HRSA Aims To Revive 340B Rebate Pilot

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    The U.S. Department of Health and Human Services' recent request for feedback on the 340B Rebate Model Pilot Program demonstrates that it intends to correct the model's procedural defects, which is positive news for participating manufacturers, but a setback for covered entities, say attorneys at Manatt.

  • Unique Issues Facing Brand-Compounder Patent Litigation

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    Recent litigation and potential enforcement action against Hims & Hers Health raise questions about how compounders and branded pharmaceuticals companies would be positioned in patent litigation as compared to generics companies, which would require strategies different from those that would be used in traditional Hatch-Waxman Act litigation, say attorneys at Morgan Lewis.

  • Pros And Cons Of FDA's Push For Nonprescription Drugs

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    The U.S. Food and Drug Administration's recent moves to shift more prescription drugs to over-the-counter status could increase access to important medications, but also bring potential safety risks and other trade-offs for drug companies, say attorneys at Hogan Lovells.

  • Prepping For The Future Of No Surprises Act Enforcement

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    This year is expected to be a transition point for the No Surprises Act framework from regulatory delay to operational enforcement, so stakeholders should use this time to stress-test systems, clean up processes and prepare for enforcement, say attorneys at Akerman.

  • High Court's 'Skinny Label' Case May Tackle Wider Questions

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    The U.S. Supreme Court's upcoming decision in Hikma v. Amarin will have important ramifications for broader debates over what defines a generic version of a drug, and the pending case is already altering patent practice, say attorneys at Taft.

  • Unpacking Key Themes From NY's New Healthcare Strategy

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    New York Gov. Kathy Hochul's 2026 State of the State agenda, read together with the state's fiscal year 2027 executive budget, reflect a clear framework to utilize Medicaid as the state's operating platform for healthcare reform, say attorneys at Sheppard.

  • Trans Care Enforcement Landscape Is Evolving Quickly

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    The recent coordinated federal effort to reshape pediatric gender-affirming care through enforcement and funding pressure has created a rapidly evolving regulatory environment marked by shifting risk assessments and potential downstream market effects for healthcare institutions and life sciences companies, say attorneys at Arnall Golden.