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Morgan Lewis

DOL Updates FY 2026 Health Plan Enforcement Priorities: What Employers Need to Know

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The US Department of Labor’s Employee Benefits Security Administration (EBSA) has announced updated enforcement priorities for fiscal year 2026. These changes signal where EBSA will focus its investigative and enforcement...more

Hogan Lovells

OIG says Discount Safe Harbor protects some market share discounts, confirms scope of protection for bundled discounts in...

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In an advisory opinion published at the end of 2025, the U.S. Department of Health and Human Services Office of Inspector General (OIG) addressed—to a degree—several longstanding questions under the Discount Safe Harbor to...more

Stoel Rives LLP

2026 Best Practices for Construction Project Insurance

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As 2026 dawns, project insurance remains one of the most critical risk management tools for developers, builders and design professionals. Yet with multiple acronyms out there such as OCIP, CCIP, OPPI, GL, PL and SDI,...more

Cozen O'Connor

From Dock to Doorstep: Exploring Good and Bad Faith Across Land and Sea

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Insurance law is, at its core, a law of relationships. Whether land-based or maritime, every policy rests on an expectation of honesty, transparency, and fairness. Yet the way the law defines good faith—and the consequences...more

Ballard Spahr LLP

NCUA Outlines Supervisory Priorities

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Promising that the NCUA will not engage in “regulation by enforcement,” NCUA Chairman Kyle Hauptman has sent a letter to credit unions outlining his supervisory priorities for 2026. “NCUA is dedicated to supporting credit...more

Haynes Boone

Arbitration in the Fifth – December 2025

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In December 2025, the Fifth Circuit Court of Appeals resolved multiple issues related to insurance arbitration in favor of nonarbitrability in Town of Vinton v. Indian Harbor Ins. Co., while its decisions in Mertens v....more

Mayer Brown

New Statutory Accounting Guidance Permits “Look-Through” Treatment for Residential Mortgage Loans Held by Insurers in Qualifying...

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The NAIC Statutory Accounting Principles (E) Working Group has adopted a revised version of Item 2025-13, amending Statement of Statutory Accounting Principles (“SSAP”) No. 37—Mortgage Loans to allow residential mortgage...more

Baker Donelson

Preserving the Attorney-Client Privilege in Third-Party Liability Claims: What Captive Groups Need to Know

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In the context of third-party liability claims, a familiar arrangement arises when an insurer retains defense counsel for its insured: the tripartite relationship among the insured, the insurer, and defense counsel. While...more

Robinson+Cole Class Actions Insider

Ninth Circuit Says Class Members Must Demonstrate Standing at Summary Judgment for Certified Damages Classes

A recent Ninth Circuit decision held that both named and unnamed class members in a class seeking monetary damages must come forward with sufficient evidence of Article III standing at the summary judgment stage—not merely at...more

A&O Shearman

UK PRA and FCA Consult On The FSCS MELL for 2026/27

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The UK Prudential Regulation Authority (PRA) and the UK Financial Conduct Authority (FCA) have published consultation paper CP1/26, proposing a management expenses levy limit (MELL) of GBP113 million for the UK Financial...more

Wiley Rein LLP

Fourth Circuit Reverses: Under Armour Cannot Tap Additional $100 Million D&O Tower for Related Government Investigations and...

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In a win for Wiley’s client, the United State Court of Appeals for the Fourth Circuit, applying Maryland law, reversed judgment on the pleadings in favor of the insured, holding that a securities class action, derivative...more

Carlton Fields

The Beat Goes On for the NAIC’s Cybersecurity and Privacy Protections Working Groups

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This coming year will be an encore performance for the National Association of Insurance Commissioners’ cybersecurity and privacy protections working groups. After remixing in June 2024, when the Privacy Protections (H)...more

Ropes & Gray LLP

NYDFS Regulated Entities Face Stronger Cybersecurity Regulations

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The New York Department of Financial Services (“NYDFS”) implemented the final phases of amendments to its NYDFS Cybersecurity Regulation (23 NYCRR Part 500) in May and November....more

Bradley Arant Boult Cummings LLP

Insurance – Texas Style, Part 2: Stowers Liability and Bankruptcy

This is the second in a series of discussions about insurance issues unique to the Lone Star State. Both bankruptcy and the ability for a policyholder to assign its first-party, bad-faith claim against its insurer can be...more

Ankura

2025 – Pharmacy Benefit Management Regulatory Snapshot – Federal, State, and the Initiation of New Drug Pricing Concepts

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Throughout 2025, Congress introduced several bills related to the pharmacy benefit management (PBM) industry. As with the 118th Congress in 2024 (see The Focus of Federal Proposals on Pharmacy Benefit Management – 118th...more

Burr & Forman

A Win-Win for Independent Contractors and Hiring Companies: Alabama’s New Portable Benefit Accounts

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In an attempt to modernize benefits, Alabama has taken the bold step of being the first state to enact legislation allowing independent contractors to build portable benefit coverage. Traditionally, employee sponsored...more

Alston & Bird

President Trump Calls on Congress to Implement "The Great Healthcare Plan"; HHS Reinstates $2 Billion Cuts to SAMHSA

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This week, President Trump called on Congress to pass legislation to implement “The Great Healthcare Plan," which includes reforms to lower drug prices and insurance premiums, and HHS reinstated $2 billion in mental health...more

Orrick, Herrington & Sutcliffe LLP

Ninth Circuit clarifies that plaintiffs do not need to prove a jury’s favor when demonstrating standing under the FCRA

On January 9, the U.S. Court of Appeals for the 9th Circuit reversed a district court’s partial grant of summary judgment and remanded a class action under the FCRA. The appeal addressed whether both named and unnamed class...more

Holland & Knight LLP

Understanding the New Wave of ERISA Litigation Targeting Voluntary Benefit Plans

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A new trend in Employee Retirement Income Security Act of 1974 (ERISA) class actions is targeting employers and benefits consultants over voluntary benefit programs, such as accident, critical illness, cancer and hospital...more

McDermott+

McDermott+ Check-Up: January 16, 2026

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Negotiations on APTCs hit speed bump. The release of a Senate bipartisan compromise on the Affordable Care Act enhanced advanced premium tax credits (APTCs) was delayed amid ongoing discussions....more

Bass, Berry & Sims PLC

Kaiser Permanente Affiliates Settle Medicare Risk Adjustment Fraud Case for $556 Million

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On January 14, the Department of Justice (DOJ) announced that five Kaiser Permanente affiliates agreed to pay $556 million to resolve allegations that they violated the False Claims Act (FCA) by submitting unsupported...more

Orrick, Herrington & Sutcliffe LLP

Maryland attorney general secures $1.05M settlement with title insurance companies

On January 14, Maryland’s attorney general announced that the state’s Consumer Protection Division (CPD) entered into a settlement resolving allegations that several joint venture title agency companies formed between a title...more

Troutman Pepper Locke

Supreme Court Declines Review in Guardian Flight, Leaving Intact Fifth Circuit Ruling That No Private Right of Action Exists to...

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On January 12, the U.S. Supreme Court denied the petition for writ of certiorari in Guardian Flight, leaving in place the Fifth Circuit’s June 2025 decision that we covered in our prior post. As a result, within the Fifth...more

Ankura

Bridging the Compliance to Operations Gap: Lessons from DHCS Audits 2024-2025

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The California Department of Health Care Services (DHCS) has embarked on a robust transformation of the Medi-Cal program aimed at improving healthcare quality, access, and equity for members. These priorities have been...more

Haynes Boone

New Year, New Litigation Target: Voluntary Benefit Programs

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A large plaintiffs’ firm ended 2025 and kicked off 2026 with several ERISA lawsuits against different employee plan sponsors, alleging fiduciary duty violations concerning the management and administration of voluntary...more

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