Policy & Compliance
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February 10, 2026
US Says Abbott Lied, Must Repay Funds Spent On Formula
Abbott Laboratories must face the federal government's lawsuit over the 2022 infant formula crisis caused by the discovery of potentially deadly bacteria in a facility that made baby formula, prosecutors told a Michigan federal court, saying the company "repeatedly lied" about the cleanliness of its plant.
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February 10, 2026
Ex-DOJ Fraud Prosecutors Launch DC White Collar Boutique
Two former U.S. Department of Justice fraud prosecutors are opening their own Washington, D.C., boutique firm to represent clients in complex fraud and white collar cases, they said Tuesday.
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February 10, 2026
PBMs Enter New Era Of Legal Scrutiny
The recent government funding bill includes extensive reforms for the embattled pharmacy benefit manager industry. It may presage a new wave of agency scrutiny, regulatory action and lawsuits, including from PBMs.
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February 10, 2026
Abortion Rules, Vaccine Recommendations And More In Court
Abortion restrictions in Arizona are facing a new legal challenge, and an interstate clash over abortion pills is heating up. Here, Law360 Healthcare Authority takes a look at the week's top healthcare news.
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February 10, 2026
Wash. Panel Says Healthcare Cost-Share Group Is An Insurer
A Utah-based healthcare cost-sharing nonprofit operates as and must register as an insurer under Washington state law, a state appeals panel ruled, upholding a $50,000 fine from the state's insurance commissioner that found the nonprofit ran afoul of Washington insurance law.
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February 10, 2026
Pa. Emerges As Battleground Over State False Claims Laws
Momentum is growing to pass a False Claims Act law in Pennsylvania, the most populous U.S. jurisdiction without one already on the books. It's also reigniting debate over the value of anti-fraud statutes around the country.
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February 10, 2026
Hospitals Face 'Perfect Storm' Of Fed. Cuts, Revenue Strains
Facing federal budget cuts, soaring labor costs and a rising tide of uninsured patients, U.S. hospitals are approaching a financial cliff that could trigger a wave of closures nationwide.
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February 10, 2026
Fresenius Can't Knock Out 401(k) Forfeiture Suit
A Massachusetts federal judge narrowed but declined to dismiss a suit claiming dialysis company Fresenius violated federal benefits law by using forfeited 401(k) funds to pay for match contributions instead of plan fees, ruling the workers behind the suit adequately explained that the move may have flouted their interests.
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February 09, 2026
Anti-Abortion Groups Say Mich. Law Impedes 1st Amendment
Two Michigan-based anti-abortion organizations are suing several officials, alleging recent amendments to Michigan's civil rights law will force them to hire employees and volunteers who do not share or may openly oppose their religious beliefs and stance on abortion.
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February 09, 2026
Medical Equipment Co. Nets Tentative Deal In Overbilling Suit
Medical supply giant AdaptHealth Corp. has tentatively settled an overbilling suit brought by a proposed class of patients who claim they were overcharged for home healthcare equipment, according to a North Carolina court order pausing upcoming deadlines in the case.
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February 06, 2026
Ga. Panel Backs Sperm Bank Win In 'Wrongful Birth' Case
A Georgia appeals court backed a win for sperm bank Xytex Corp. in consolidated litigation alleging the company sold sperm under false pretenses about the medical, psychological and social history of the donors.
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February 06, 2026
'Very Bizarre': Trump's Funding Freeze Appeal Vexes DC Circ.
D.C. Circuit judges struggled Friday with whether to unblock a federal funding freeze carrying multitrillion-dollar implications, as a Trump administration lawyer disclaimed interest in a vast spending halt but also dodged opportunities to rule it out unequivocally.
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February 06, 2026
Arizona Abortion Restrictions Found Unconstitutional
An Arizona state court permanently struck down a slew of restrictions on abortion care in the state, including an ultrasound mandate and a ban on the mailing of abortion pills, finding that the restrictions violate the right to abortion enshrined in the state's constitution.
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February 06, 2026
Hospital Pays $595K To End Ex-Workers' Retirement Suit
A Cambridge hospital system agreed to pay $595,000 to settle a proposed class action claiming it mismanaged its $280 million retirement plan and cost workers millions in savings by failing to reduce management fees and trim costly funds from the plan, according to a Massachusetts federal court filing.
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February 06, 2026
HHS Ends 340B Drug Rebate Pilot After Legal Challenge
The U.S. Department of Health and Human Services has ended a proposed rebate program that would have altered how hospitals receive payments for participating in the federal 340B drug discount program, which provides discounted prescription drugs for low-income Americans, after facing a lawsuit from a major hospital association.
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February 05, 2026
TikTok Urges NC Justices To Toss State's Addictive App Suit
The North Carolina attorney general can't haul California-based TikTok Inc. and its now-minority Chinese owner ByteDance Inc. into state court to hash out addictive app and deceptive marketing claims solely because the online platform can be accessed in the Tar Heel State, the companies have told North Carolina's highest court.
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February 05, 2026
Trump Admin Asks 4th Circ. To Unfreeze ACA Rule Changes
The Trump administration is urging the Fourth Circuit to let it plow ahead with two changes to Affordable Care Act regulations that a Maryland federal judge froze in August, arguing the rule changes are within the U.S. Department of Health and Human Services' power to enact.
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February 05, 2026
Website Wiretapping Claims Trimmed From Cigna Suit
A Pennsylvania federal judge has trimmed most of a proposed class action over Cigna's alleged third-party sharing of customers' private health information on its website and patient portals, finding that while the customers had standing, they had consented to a privacy policy that disclosed the data collection and sharing.
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February 04, 2026
'Careless Or Disingenuous': Judge Rips CareFirst Rethink Bid
A Virginia federal judge Wednesday refused to reconsider an order reversing course and throwing out key claims in CareFirst's suit against Johnson & Johnson over the immunosuppressive drug Stelara, calling CareFirst's arguments for doing so "either careless or disingenuous."
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February 04, 2026
Hartford HealthCare Must Provide Docs On $86M Takeovers
Hartford HealthCare Corp. must hand over internal documents detailing its $86.1 million acquisitions of two hospitals from bankrupt Prospect Medical to a group of plaintiffs who accuse the health system of trying to create a monopoly for inpatient hospital services, a Connecticut state court judge has ruled.
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February 04, 2026
Teva Fights Class Cert. Bid In Effexor Antitrust Case
Teva Pharmaceuticals urged a New Jersey federal judge Wednesday to reject a class certification bid by a group of direct buyers of the antidepressant drug Effexor XR and its generic versions, arguing that the proposed class failed to carry its burden showing that joinder is impracticable.
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February 04, 2026
Catholic Health System Escapes Tobacco Fee Suit In Missouri
Ascension Health Alliance escaped a former employee's proposed class action alleging a fee on tobacco-using workers' health plans violated federal benefits law, after a Missouri federal judge held the private Catholic healthcare system wasn't required to retroactively reimburse surcharges for workers who completed a tobacco cessation program.
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February 04, 2026
Drugmaker Claims Stake In La. Mail-Order Abortion Meds Row
An abortion medication manufacturer asserted its right Wednesday to defend mifepristone, moving to intervene in a federal lawsuit over mail-order abortion medication brought by Louisiana alleging that regulators violated federal law by removing an in-person dispensing requirement for the drug.
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February 03, 2026
NC County Faces Suit For Obstructing State Housing Benefit
A North Carolina county misapplied state law and violated the state's constitution in retroactively deeming adult care home residents ineligible for state benefits based on a county commissioner's former ownership of those homes, according to a lawsuit filed Monday in North Carolina federal court.
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February 03, 2026
4 Things To Know As DOL Pitches Transparency For PBMs
The U.S. Department of Labor's proposal to require pharmacy benefit managers to give employer-provided health plans detailed information on fees and compensation is a welcome development, benefits attorneys on both sides of the bar say. Here, Law360 looks at four things to know about the proposed regulations.
Expert Analysis
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CMS 2027 Proposal Is Mixed Bag For Medicare Advantage
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.
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3 Key Takeaways From Planned Rescheduling Of Cannabis
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.
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6 Issues That May Follow The 340B Rebate Pilot Challenge
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.
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2026 State AI Bills That Could Expand Liability, Insurance Risk
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.
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How 11th Circ.'s Zafirov Decision Could Upend Qui Tam Cases
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.
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Key Trends For Life Sciences Cos. To Watch In 2026
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.
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The Next Pressure Point In Digital Health: Informed Consent
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.
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4 Trends Shaping Drug And Medical Device Law For 2026
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.
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Preparing For Congressional Investigations In A Midterm Year
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.
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A Meaningful Shift In FDA's Biosimilarity Analysis
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.
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Top 5 Antitrust Issues For In-House Counsel To Watch In 2026
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.
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2025 Legal Milestones That Will Shape Psychedelics Sector
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.
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2025 State AI Laws Expand Liability, Raise Insurance Risks
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.