Digital Health & Technology

  • September 04, 2026

    NY Judge Won't Block HHS Sharing Of Aid Recipients' Info

    A New York federal judge refused to block a U.S. Department of Health and Human Services plan to share aid recipients' information with other agencies, including the U.S. Department of Homeland Security, ruling that nonprofits challenging it failed to show recipients faced irreparable harm.

  • September 03, 2026

    Ky. AG Sues NY Abortion Rights Org. Over Gas Station Ads

    A New York-based abortion advocacy nonprofit is violating Kentucky's consumer protection laws by illegally advertising mail-order abortion pills at gas stations throughout the state and flying ads over the state fair, the state's attorney general claimed in a lawsuit Thursday. 

  • September 02, 2026

    Contractor Seeks Redo After Fed. Circ. Vacates $12.7M Award

    A software developer has urged the en banc Federal Circuit to rethink a panel's decision vacating a $12.7 million award against the federal government over unauthorized copies of the company's software, saying the panel wrongly endorsed a hypothetical negotiation between the parties to calculate damages.

  • September 01, 2026

    DC Circ. Backs Fair Use Repairs On Med Device Software

    The D.C. Circuit on Tuesday ruled that using copyrighted data and computer programs for the purpose of repairing medical devices falls under the fair use exemption, rejecting a challenge from two industry groups that wanted to compel the Library of Congress to revise its rules on the issue.

  • September 01, 2026

    Web Portal Aids Transparency In 'No Surprise' Billing Disputes

    A platform for No Surprises Act disputes could make it easier for medical providers and insurers to track cases. But experts don't expect it will do much to address the fiercest complaints about the system.

  • August 31, 2026

    Zimmer Wins Hip Implant Suit After Expert Testimony Tossed

    A New York federal judge handed Zimmer Inc. an early win in a multidistrict litigation case alleging its hip prosthetics are faulty, after finding that the plaintiff's only expert witness could not testify because his opinion that the device was defective was based solely on the fact that it broke.

  • August 28, 2026

    AbbVie 'Concocted' Cancer Drug IP Claims, Biotech Firm Says

    Biotech firms ProfoundBio and Genmab urged a Seattle federal judge Thursday to throw out rival AbbVie's lawsuit accusing two of its former employees of taking trade secrets on cancer therapies to ProfoundBio, arguing AbbVie's claims are time-barred, and the information wasn't a protectable trade secret.

  • August 28, 2026

    NJ Says TikTok Is Withholding Key Child Usage Data

    New Jersey urged a state judge to force TikTok to hand over detailed user engagement data the state said was essential in proving that the platform's design harmed children, accusing the company of months of evasive answers, shifting explanations and contradictory statements about whether the information even exists.

  • August 27, 2026

    Guardant Suits Against Tempus AI Clear Dismissal Bids

    A Delaware federal judge has refused to throw out litigation accusing Tempus AI Inc. of infringing Guardant Health Inc. patents covering technology used to analyze cancer-related genetic data and help guide testing and treatment.

  • August 25, 2026

    FDA 'Competency' Take On AI Regs Sparks Legal Concerns

    As federal health officials weigh regulations for generative artificial intelligence medical devices, some legal experts are raising concerns about agency authority over devices capable of performing a doctor's duties and the potential for regulator confusion.

  • August 24, 2026

    DaVita, Patients Get Early Nod In $15M Data Breach Deal

    A Colorado federal judge has given the initial green light to DaVita Inc.'s proposed $15 million settlement with millions of past and present patients who claim the healthcare company didn't adequately protect their personal information, which was exposed in an April 2025 breach, according to an order issued Friday.

  • August 21, 2026

    Patients Drop Data Breach Suit Against Medical Billing Co.

    A group of patients has dropped a lawsuit accusing a Georgia-based medical billing practice of failing to properly secure the personal information of patients and employees ahead of a September data breach.

  • August 20, 2026

    UnitedHealthcare Beats User's Data Privacy Suit, For Good

    UnitedHealthcare Services Inc. permanently beat a proposed class action alleging that its website's third-party tracking pixels shared information about its visitors, after a California federal judge said Wednesday that "the mere collection of plaintiff's generic insurance browsing data is not enough to demonstrate" concrete injury.

  • August 18, 2026

    What To Know: AMA Faces Medical Coding Copyright Suit

    A healthcare transparency group is asking a judge for permission to publish the medical codes that help determine the billing for medical procedures, setting up a confrontation with the American Medical Association, which developed the coding system. Here, Law360 takes a closer look at the case and the broader transparency debate.

  • August 17, 2026

    Medtech Group Faults Fed. Circ. Trade Secret Timing Rule

    A medical technology trade group and a University of Texas law professor are urging the full Federal Circuit to revisit a decision that wiped out Insulet Corp.'s trade secret win against EOFlow Co. Ltd. after finding the suit untimely, reversing a $452 million jury verdict that had been reduced to $59.4 million.

  • August 17, 2026

    Medtronic Rival Seeks Injunction After $382M Antitrust Win

    Medical device company Applied Medical Resources Corp. has urged a California federal judge to issue final judgment and impose a permanent injunction against Medtronic Inc. that would block contracts a jury found were used to illegally maintain a monopoly over a surgical device, saying that would end Medtronic's "exclusionary conduct and restore competition."

  • August 14, 2026

    9th Circ. Says DOJ Subpoenas Can Support Trump Agenda

    A split Ninth Circuit panel on Friday held that President Donald Trump has the authority to direct the U.S. Department of Justice to issue politically motivated subpoenas that align with his broader policy goals, reversing a lower court's ruling quashing a subpoena issued to a gender-affirming medical care provider.

  • August 13, 2026

    9th Circ. Revives $140M Robo-Surgery Antitrust Case

    The Ninth Circuit on Thursday revived a surgical instrument repair company's antitrust suit accusing the makers of the da Vinci surgical robot of illegally blocking third parties from repairing its instruments, ruling that a district judge erred in applying the U.S. Supreme Court's Kodak factors to the dispute.

  • August 11, 2026

    FDA Drug Ad Proposal Could Push Pharma Off The Airwaves

    An expected Trump administration change in the rules for direct-to-consumer drug advertising would likely trigger legal challenges. It could even presage the end of a multibillion-dollar drug advertising business.

  • August 04, 2026

    TikTok Settles 3 Teen Addiction Suits Before Bellwether Trials

    The company behind TikTok settled three lawsuits brought by young people alleging the social media platform caused them mental health harm, a lawyer for the plaintiffs said Tuesday, although three other social media companies are still scheduled to go to trial in Los Angeles on the claims in October.

  • August 04, 2026

    FTC Takes Big Swing In Hims & Hers Privacy Suit

    Healthcare experts say the FTC's privacy-focused suit against a leading telehealth company is a warning for the larger direct-to-consumer and online health industry.

  • August 04, 2026

    Bellwether Jury Awards $88M In Covidien Hernia Mesh Trial

    A Massachusetts federal jury awarded $88 million Tuesday to a man who claimed he was injured by a Covidien LP-made hernia mesh, in the first case to reach a verdict of thousands pending against the Medtronic unit.

  • August 03, 2026

    Judge Denies Bid To Oust Kirkland From Trade Secret Feud

    A California federal judge has denied a healthcare software company's attempt to disqualify Kirkland & Ellis LLP from representing Commure Inc. in a trade secret lawsuit, ruling that the plaintiff failed to prove that information it disclosed during a prospective client consultation was materially harmful enough to warrant disqualification.

  • July 31, 2026

    Law360 Names 2026's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2026, our list of more than 160 attorneys under 40 whose legal accomplishments belie their age.

  • July 29, 2026

    Planned Parenthood Lab's $6.1M Breach Deal Gets Initial OK

    A Washington federal judge has preliminarily approved a $6.1 million class action settlement in two challenges to a state-based diagnostics testing service for Planned Parenthood over a 2025 data breach that reportedly affected as many as 1.6 million people.

Expert Analysis

  • Federal Preemption In AI And Robotics Is Essential

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    Federal preemption offers a unified front at a decisive moment that is essential for safeguarding America's economic edge in artificial intelligence and robotics against global rivals, harnessing trillions of dollars in potential, securing high-skilled jobs through human augmentation, and defending technological sovereignty, says Steven Weisburd at Shook Hardy.

  • California's New Privacy Laws Demand Preparation From Cos.

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    An increase in breach disclosures is coinciding with California's most comprehensive privacy and artificial intelligence legislation taking effect, illustrating the range of vulnerabilities organizations in the state face and highlighting that the key to successfully managing these requirements is investing in capabilities before they became urgent, says Camilo Artiga-Purcell at Kiteworks.

  • AI Scientific Discovery Order Implications For Life Sciences

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    President Donald Trump's November executive order establishing a government effort to use artificial intelligence to accelerate scientific discovery has the potential to leverage significant federal resources and data to support research, drug and device approvals, and AI model training in the life sciences sector, say attorneys at Hogan Lovells.

  • Remote Patient Monitoring Is At Regulatory Inflection Point

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    With remote patient monitoring at the center of new federal pilot programs and a recent report from the U.S. Department of Health and Human Services' Office of Inspector General examining Medicare billing for those services, it is clear that balancing innovation and risk will be a central challenge ahead for digital health stakeholders, say attorneys at Morgan Lewis.

  • Texas AG Wields Consumer Protection Law Against Tech Cos.

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    Texas Attorney General Ken Paxton has targeted technology companies using the Texas Deceptive Trade Practices Act, a broadly worded statute that gives the attorney general wide latitude to pursue claims beyond traditional consumer protection, creating unique litigation risks, say attorneys at Yetter Coleman.

  • Utah's AI Prescription Renewal Pilot Could Inform Policy

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    Utah recently became the first state to approve an artificial intelligence system for autonomously renewing certain prescription medicines, providing a test case for how regulators may be able to draw boundaries between administrative automation and medical judgment, say Jashaswi Ghosh at Holon Law Partners and Bryant Godfrey at Foley Hoag.

  • State Of Insurance: Q4 Notes From Illinois

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    In 2025's last quarter, Illinois’ appellate courts weighed in on overlapping homeowners coverages for water-related damages, contractual suit limitation provisions in uninsured motorist policies, and protections for genetic health information in life insurance underwriting, while the Department of Insurance sought nationwide homeowners' insurance data from State Farm, says Matthew Fortin at BatesCarey.

  • Privacy Ruling Shows How CIPA Conflicts With Modern Tech

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    A California federal court's recent holding in Doe v. Eating Recovery Center that Meta is not liable for reading, or attempting to read, the pixel-related transmission while in transit reflects a mismatch between the California Invasion of Privacy Act's 1967 origins and modern encrypted, browser‑driven communications, says David Wheeler at Neal Gerber.

  • Lessons From EdTech Provider's Data Breach Settlements

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    Education technology company Illuminate Education's recent settlements with three states and the Federal Trade Commission over state privacy law claims following a student data breach are some of the first of their kind, suggesting a shift in enforcement focus to how companies handle student data and highlighting the potential for coordinated enforcement actions, say attorneys at Wilson Sonsini.

  • What US Cos. Must Know To Comply With Italy's AI Law

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    Italy's newly effective artificial intelligence law means U.S. companies operating in Italy or serving Italian customers must now meet EU AI Act obligations as well as Italy-specific requirements, including immediately enforceable criminal penalties, designated national authorities and sector-specific mandates, say attorneys at Portolano Cavallo.

  • Insights From 2025's Flood Of Data Breach Litigation

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    Several coherent patterns emerged from 2025's data breach litigation activity, suggesting that judges have grown skilled at distinguishing between companies that were genuinely victimized by sophisticated criminal actors despite reasonable precautions, and those whose security practices invited exploitation, says Frederick Livingston at McDonald Baas.

  • 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.