Health

  • July 21, 2026

    DC Circ. Affirms HHS Authority Over 340B Rebate Plans

    The D.C. Circuit on Tuesday upheld a lower court's finding that U.S. Department of Health and Human Services has the authority to block or approve drugmakers' efforts to implement rebates instead of discounts under the 340B drug-pricing program.

  • July 21, 2026

    Economist Concedes Opioid Stats' Limits In Albertsons Trial

    Despite testifying that Albertsons pharmacy records suggest some opioids dispensed in Washington state had "red flags" for potential diversion from legitimate use, an economist for the Evergreen State conceded Tuesday that he can't point to "even a single pill dispensed by Albertsons" that was actually improperly diverted. 

  • July 21, 2026

    Air Ambulance Co. Fights To Keep 'No Surprises' Suit Alive

    An air ambulance service looking to collect unpaid transport bills from Blue Cross Blue Shield's parent company argued Tuesday that its lawsuit should proceed because court enforcement is its only hope for combating the insurer's practice of ignoring the No Surprises Act's otherwise tight payment deadlines.

  • July 21, 2026

    7th Circ. Backs UChicago, TIAA In Spousal Pension Fight

    The Seventh Circuit backed a Wisconsin federal court's decision to hand the University of Chicago and its pension plan manager TIAA an early win in a dispute over a deceased worker's spousal pension benefits, and declined to certify a question about power of attorney authority to the Wisconsin Supreme Court.

  • July 21, 2026

    Full Fed. Circ. Won't Review Apple's ITC Loss Against Masimo

    The full slate of Federal Circuit judges will not reconsider a panel's determination that Apple has infringed Masimo Corp.'s blood oxygen monitor patents in a high-profile case that led to some Apple Watch imports being banned.

  • July 21, 2026

    Chamber Asks 2nd Circ. To Back Toss Of Pepsi Smoking Suit

    A New York federal judge rightly tossed allegations that Pepsi violated federal benefits law by making employees who smoke pay more for health insurance, the nation's largest business lobby argued in an amicus brief, urging the Second Circuit to affirm dismissal of the suit.

  • July 21, 2026

    Class Cert. In Avandia MDL Undone For Lacking Stats

    The Third Circuit undid class certification for a group of health plans claiming GlaxoSmithKline deceptively marketed its diabetes drug Avandia, with a panel majority ruling Tuesday the plans needed stronger statistical analysis to show links between the marketing, the revelation of side effects and a drop in sales.

  • July 21, 2026

    FCC Aims For Changes To Rural Healthcare Program

    The Federal Communications Commission will consider a plan next month to let rural healthcare providers use previously approved rates in a telehealth program without needing to file new paperwork to justify costs.

  • July 21, 2026

    States Dispute Drugmakers' Bid To Toss GLP-1 Antitrust Case

    The attorneys general of Texas and Louisiana pushed back on Tuesday against a bid from Novo Nordisk and Eli Lilly to duck a specialty pharmacy's antitrust case accusing the companies of blocking competition for GLP-1 medications.

  • July 21, 2026

    Humana 401(k) Forfeiture Suit Will Wait For 6th Circ. Appeal

    A proposed class action against health insurance provider Humana alleging the company misallocated millions from employee 401(k) forfeitures was paused by a Kentucky federal judge on Tuesday to wait for the outcome of a similar suit against regional grocery giant Meijer currently awaiting a ruling in the Sixth Circuit.

  • July 21, 2026

    Sidley Conflicted In Genesis Adversary Suit, Investor Says

    A Genesis Healthcare shareholder accused of manipulating the company into a deal that cost it $50 million has asked a Texas bankruptcy judge to disqualify Sidley Austin LLP from representing Genesis in an adversary lawsuit, alleging the law firm advised the nursing home operator on a transaction connected to the suit.

  • July 21, 2026

    Imaging Co. Faces Consolidated Data Breach Cases In NC

    A North Carolina federal judge consolidated three proposed class actions against diagnostic imaging provider Lumexa Imaging Inc. over an alleged patient data breach earlier this year, tapping attorneys from Kopelowitz Ostrow PA and Milberg PLLC to serve as interim co-lead counsel.

  • July 21, 2026

    Medical Pot Dispensary Can't Halt NLRB Union Firing Case

    A Utah federal judge has refused to block a National Labor Relations Board case accusing a medical marijuana dispensary of firing four union supporters, ruling that the dispensary's injunction request was barred since the case stemmed from a labor dispute.

  • July 21, 2026

    Hospitals Say Saul Ewing Atty's Board Role Taints FCA Suit

    A Saul Ewing LLP attorney should be disqualified from leading a whistleblower suit over a nurse's alleged diversion of prescription narcotics, as the former Heritage Valley Health System in western Pennsylvania said he was previously a member of its board of directors.

  • July 21, 2026

    CMS Withholds $1B In Medicaid From Calif., Minn., Citing Fraud

    The Centers for Medicare & Medicaid Services is withholding more than $1 billion in Medicaid dollars from California and Minnesota because the agency suspects healthcare fraud in those states, officials announced Tuesday.

  • July 21, 2026

    DC Circ. Says NLRB 'Successor Bar' Conflicts With Labor Law

    A split D.C. Circuit panel said Tuesday that the National Labor Relations Board's practice of insulating unions from removal after businesses change hands defies federal labor law, applying a landmark 2024 U.S. Supreme Court ruling that scaled back courts' deference to federal agencies.

  • July 20, 2026

    Albertsons Data Suggests Opioids Were Diverted, Expert Says

    Albertsons pharmacies in Washington state received considerably more opioid medications from distributors between 2009 and 2015 than the company reported dispensing — a sign of potential diversion, according to an expert witness who testified Monday at a bench trial in Washington's lawsuit accusing the chain of exacerbating the state's opioid crisis.

  • July 20, 2026

    More Urban Hospitals Challenge HHS Medicare Wage Index

    Dozens of urban-area hospitals have filed another suit over the Health and Human Services wage index methodology for Medicare reimbursements, claiming the calculation was flawed between 2019 and 2023 and they are owed "prompt" payment to remediate the incorrect calculations.

  • July 20, 2026

    Apple Can't Get Judge To Toss Masimo's $634M Patent Verdict

    Apple has lost its bid to dodge a jury's finding that it owes $634 million for infringing a Masimo Corp. patent after a California federal judge rejected the tech giant's challenge to how the court construed a key term and its bid for a new trial.

  • July 20, 2026

    Comcast Faces ERISA Suit Over Employee Tobacco Surcharge

    Comcast Corp. violated federal benefits law by charging employees who use tobacco an extra fee without spelling out alternatives like smoking-cessation programs and making full refunds available to workers who complete them, a worker says in a proposed class action in Pennsylvania federal court.

  • July 20, 2026

    SD Judge Blocks Abortion Ad Ban Against Atty, Nonprofit

    A South Dakota federal judge barred the state from enforcing an abortion advertising ban against a reproductive health education nonprofit and an attorney, ruling that doing so would likely violate the First Amendment.

  • July 20, 2026

    Latham, Cooley Steer $1.5B Tempus Cancer Testing Deal

    Chicago-based Tempus AI said Monday it has agreed to acquire cancer diagnostics company Personalis in a deal with an enterprise value of about $1.5 billion, with Latham & Watkins LLP and Cooley LLP advising, respectively.

  • July 20, 2026

    Vanda's NDA Rejection Challenge Can't Be Heard At DC Court

    A D.C. federal judge has said he no longer has jurisdiction to hear Vanda Pharmaceuticals Inc.'s challenge alleging the FDA violated the Appointments Clause by allowing a non-officer to exercise "signatory authority" and reject its new drug application for tradipitant, since Vanda went to the D.C. Circuit raising the same argument already.

  • July 20, 2026

    3rd Circ. Deems ADA Claims Untimely, Flags Misquotes

    A Pennsylvania hospital employee disclosed her diabetes too late and did not clearly ask for accommodation before she was fired for sleeping on the job, a Third Circuit panel ruled Monday, additionally sanctioning her attorney for filing a minor motion that possibly contained artificial intelligence hallucinations.

  • July 20, 2026

    Insurers Urge Stay In Fla. Atty's Malicious Prosecution Suit

    Health insurers including Aetna and UnitedHealth Group are urging a Florida federal court to pause discovery in an attorney's malicious prosecution suit pending a decision on the insurers' motions to dismiss, saying they expect the case to be tossed or significantly trimmed.

Expert Analysis

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • AI Regulatory Gaps May Fuel FCA Enforcement Action

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    The intersection of artificial intelligence and False Claims Act enforcement presents legal risk for government contractors across several industries, particularly in the absence of a federal regulatory framework explicitly governing its development and use, say attorneys at O’Melveny.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • EPA Listing Signals New Scrutiny Of Drugs In Drinking Water

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    The recent publication of the U.S. Environmental Protection Agency's latest draft drinking water contaminant list highlights pharmaceuticals as a category of concern, marking the start of a process that could shape future research priorities, monitoring requirements, and federal and state actions, say attorneys at Morgan Lewis.

  • Opinion

    5th Circ.'s Abortion Pill Order Is Shaky On Multiple Grounds

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    The Fifth Circuit's recent order in Louisiana v. U.S. Food and Drug Administration, reinstating an in-person dispensing requirement for the abortion medication mifepristone, seems to turn federalism upside-down, and is also questionable for several other reasons, says Gregory Curtner at Curtner Law.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • 5 Takeaways From Justices' Subpoena Fight Ruling

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    The U.S. Supreme Court's recent decision in First Choice v. Davenport fortifies a line of First Amendment associational privacy cases stretching back nearly 70 years, and ensures that organizations subject to government demands for donor information have a meaningful federal forum in which to defend their constitutional rights, say attorneys at DLA Piper.

  • Mass. Draft Regs Signal Nationwide Scrutiny Of Junk Fees

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    Massachusetts Attorney General Andrea Campbell's new draft regulations for assisted living facilities is only her latest move in the war on junk fees — and part of a national reordering of consumer protection enforcement in which states are aggressively and creatively asserting authority, says Steve Provazza at Arnall Golden.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Accelerated Psychedelic Therapy Pathways Require Caution

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    President Donald Trump's new executive order aiming to accelerate the approval of psychedelic drugs for the treatment of mental health disorders will likely bolster investigational psychedelic therapies, but parties within the psychedelic product supply chain will still need to prepare for potentially burdensome compliance requirements, say attorneys at Morgan Lewis.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

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