Policy & Compliance
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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January 26, 2026
Anthem Seeks Dismissal Of 'Ghost Network' Class Action
A proposed class action's allegations that Anthem Health Plans maintains inaccurate mental health directories known as ghost provider networks aren't true and are "legally deficient," the insurer and its parent company, Elevance Health Inc., argued while urging a Connecticut federal court to toss the suit.
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January 26, 2026
3rd Circ. Finds NJ Officials Shielded From COVID Deaths Suit
A proposed class action on behalf of the families of roughly 10,000 nursing home residents who died early in the COVID-19 pandemic cannot proceed against New Jersey officials over their response, the Third Circuit has ruled, finding the officials are protected through qualified immunity.
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January 26, 2026
Novo Nordisk Faces Class Claims Over GLP-1 Patent Tactics
A South Carolina drug company has launched a proposed class action against major pharmaceutical company Novo Nordisk, alleging it engaged in anticompetitive behavior to prolong its monopoly against generic competition for the GLP-1 drug Victoza.
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January 23, 2026
Providers Oppose Credit Bureaus' Medical Debt Appeal
A proposed class of medical providers and collection agencies accusing Equifax, Experian and TransUnion of colluding to exclude medical debt under $500 from consumer credit reports is opposing a bid by the credit bureaus to expedite an appeal of a ruling that denied dismissal of the claims.
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January 23, 2026
High Court's Med Mal Ruling Won't Spark Rise In Suits
The U.S. Supreme Court's recent ruling that a Delaware medical malpractice statute can't be enforced in federal court won't cause a noticeable rise in cases, experts said, but it could lay the groundwork for other cases involving conflicting procedural state laws.
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January 23, 2026
$200M Sun, Taro Generics Deal Gets Final OK
A Pennsylvania federal judge granted final approval Friday for a $200 million deal resolving employee benefits plans' claims against Sun Pharmaceutical and Taro Pharmaceuticals in the sprawling price-fixing litigation against generic-drug makers, while again ensuring the claims from dozens of state attorneys general remain untouched by the settlement.
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January 22, 2026
DC Circ. Presses Feds To Justify Military Trans Ban
A D.C. Circuit judge pressed the government on Thursday to justify a policy that effectively bars transgender people from serving in the military, questioning why Secretary of Defense Pete Hegseth imposed a more stringent policy than the first Trump administration did.
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January 22, 2026
6th Circ. Revives Law Firm Worker's Anthem Coverage Fight
Anthem Blue Cross Blue Shield's decision denying coverage for a law firm employee's son to continue receiving residential mental health treatment was arbitrary and capricious, the Sixth Circuit ruled Thursday, saying the insurer needs to carry out a "full and fair review of the requested coverage."
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January 22, 2026
Yale Hospital Wants Infant Death Verdict Reduced By $30M
Yale University and Yale New Haven Hospital on Thursday asked a Connecticut judge to reduce a $32 million infant death verdict to just $2 million, saying damages for the loss of enjoyment of life cannot be awarded in addition to damages for the infant's death itself.
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January 22, 2026
Docs Ask NJ Justices To Send Allstate RICO Case To Arbitration
Medical providers facing a racketeering suit from Allstate units pressed the New Jersey Supreme Court on Thursday to compel the insurers to arbitrate even large-scale fraud and racketeering claims tied to personal injury protection benefits under the state's no-fault statute, as the justices questioned whether that was feasible.
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January 22, 2026
FDA Action Shouldn't Halt Amazon Labeling Suit, Plaintiffs Say
Shoppers accusing Amazon of failing to make required disclosures on dietary supplement product pages told a Washington federal judge there's no need to pause their proposed class action amid possible rulemaking by the U.S. Food and Drug Administration, arguing that the supposed rule change wouldn't negate the suit's claims under California law.
Expert Analysis
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FCA Working Group Reboot Signals EHR Compliance Risk
The revival of the False Claims Act working group is an aggressive expansion of enforcement efforts by the Justice Department and the U.S. Department of Health and Human Services targeted toward technology-enabled fraud involving electronic health records and other data, say attorneys at ArentFox Schiff.
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FDA's Hasty Policymaking Approach Faces APA Challenges
Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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A Rapidly Evolving Landscape For Noncompetes In Healthcare
A wave of new state laws regulating noncompete agreements in the healthcare sector, varying in scope, approach and enforceability, are shaped by several factors unique to the industry and are likely to distort the market, say attorneys at Seyfarth.
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Arguing The 8th Amendment For Reduction In FCA Penalties
While False Claims Act decisions lack consistency in how high the judgment-to-damages ratio in such cases can be before it becomes unconstitutional, defense counsel should cite the Eighth Amendment's excessive fines clause in pre-trial settlement negotiations, and seek penalty decreases in post-judgment motions and on appeal, says Scott Grubman at Chilivis Grubman.
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$95M Caremark Verdict Should Put PBMs On Notice
A Pennsylvania federal judge’s recent ruling that pharmacy benefits manager CVS Caremark owes the government $95 million for overbilling Medicare Part D-sponsored drugs highlights the effectiveness of the False Claims Act, as scrutiny of PBMs’ outsized role in setting drug prices continues to increase, say attorneys at Duane Morris.
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DOJ Actions Signal Rising Enforcement Risk For Health Cos.
The U.S. Department of Justice's announcement of a new False Claims Act working group, together with the largest healthcare fraud takedown in history, underscore the importance of sophisticated compliance programs that align with the DOJ's data-driven approach, say attorneys at Debevoise.
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Spotlight On Medicare Marketing Practices Enforcement Trend
Recent U.S. Department of Justice actions, including its recent Medicare kickback allegations in Shea v. eHealth, demonstrate increasing enforcement scrutiny on Medicare Advantage marketing practices, say Ellen London at London & Naor, Li Yu at Bernstein Litowitz and Erica Hitchings at the Whistleblower Law Collaborative.
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Federal Regs Order May Spell Harsher FDCA Enforcement
A recent executive order aimed at reducing criminal prosecutions of those who unknowingly violate complex federal regulations may actually lead to more aggressive felony indictments under the Federal Food, Drug and Cosmetic Act, but companies and executives can mitigate risks by following several key principals, say attorneys at McGuireWoods.
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What High Court's Tenn. Trans Care Ruling Means Nationally
The U.S. Supreme Court's decision in U.S. v. Skrmetti, upholding a Tennessee ban on gender-affirming medical care for minors, is fairly limited in scope and closely tailored to the specific language of Tennessee's law, but it may have implications for challenges to similar laws in other states, say attorneys at Hall Render.
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High Court ACA Ruling May Harm Preventative Care
The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.
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Rising Enforcement Stakes For Pharma Telehealth Platforms
Two pieces of legislation recently introduced in Congress could transform the structure and promotion of telehealth arrangements as legislators increasingly scrutinize direct-to-consumer advertising platforms, potentially paving the way for a new U.S. Food and Drug Administration policy with bipartisan support, say attorneys at Sheppard Mullin.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.