Three states—Maryland, Connecticut, and New Jersey—have enacted laws banning or restricting companies from using personal data for personalized pricing, with the FTC signaling potential enforcement and other states likely to follow. While these laws share the goal of regulating surveillance
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The Growing PFAS Focus in Europe and the UK – Strategies for Life Sciences Companies
PFAS, or per- and polyfluoroalkyl substances – which are widely used across industries and in life sciences applications, from cosmetics and food-contact-material to medical devices and pharmaceuticals – have become an increasing focus of regulatory scrutiny across Europe. In the…
District of Massachusetts Rejects Per Se AKS Liability for Commissioned, Independent Contractor Sales Representatives But Allows FCA Claims to Proceed
On October 21, 2026, Judge Patti B. Saris of the District of Massachusetts granted in part and denied in part a medical device company’s (“Defendant”) motion for summary judgment in United States ex rel. Langer v. Zimmer Biomet Holdings, Inc.,…
Lipp v. Mixedbread AI Addresses How a Company Can End an Advancement Obligation
Advancement obligations can arise when a company asserts affirmative defenses or counterclaims in litigation with former officers and directors. In an August 10, 2026 report in Lipp v. Mixedbread AI, Inc. (which remains subject to final ruling from the Court…
DOJ and HHS Launch Healthcare FCA Self-Disclosure Pilot Program with Fixed Repayment Multiplier
On October 22, 2026, the Department of Justice (“DOJ”) Civil Division and the Department of Health and Human Services (“HHS”) announced a six-month Healthcare False Claims Act Self-Disclosure Pilot Program (“FCA SDPP”). The program offers healthcare companies a defined path…
Federal Motor Carrier Safety Administration (FMCSA) Grants a Crucial Regulatory Exemption for Autonomous Trucks
On October 9, the Federal Motor Carrier Safety Administration (FMCSA) took a significant step toward enabling the large-scale deployment of driverless heavy trucks on public roads in the United States. The agency granted autonomous motor carriers a five-year exemption from…
DOJ Fraud Division and HHS-OIG Announce Joint Self-Disclosure Policy, Directing Healthcare Companies to Bring Potential Criminal Matters to DOJ First
On October 15, 2026, the Department of Justice’s National Fraud Enforcement Division (“NFED”) and the Department of Health and Human Services Office of Inspector General (“HHS-OIG”) announced a joint policy (the “Policy”) directing companies seeking to self-disclose potential criminal healthcare…
A More Competitive MedTech Landscape in the EU? What the MDR/IVDR Revision Could Mean for MedTech Manufacturers and Investors
The EU’s targeted revision of the medical device and in vitro diagnostics framework has entered a more active phase, with nearly 800 amendments tabled in Parliament in July 2026 and the Council’s examination continuing in parallel. The revision would ease…
The C-Suite Is Not a Jurisdictional Catchall: Court of Chancery Clarifies Delaware’s Officer-Consent Statute
Corporate titles have proliferated. Delaware’s officer-consent statute has not. In Altigen Communications, Inc. v. Day, C.A. No. 2025-1298-JTL (Del. Ch. Aug. 21, 2026), Vice Chancellor J. Travis Laster held that the Delaware Court of Chancery lacked personal jurisdiction over…
Still Experts After Stillfront: Two Chancery Decisions Confine Independent Accountants to Accounting Disputes
M&A agreements routinely send disputes over earnouts and purchase-price adjustments to an independent accountant, and, as this blog has discussed before, the parties then fight over how much the accountant can decide. Earlier this year, in Fortis Advisors, LLC v.…