Industry Updates

In acquisitions and other transactions, representations and warranties (R&Ws) serve as the critical foundation for confirming due diligence efforts and allocating risk between the parties. These contractual assurances cover essential aspects of the target company’s assets and operations—particularly the intangibles like software, data, and IP rights that typically constitute the business case for tech deals—and offer recourse if the reality falls short of what was promised....By: Mayer Brown

Since we published an update on the expiring telehealth flexibilities last week, the government has entered the third week of shutdown with no signs of an imminent resolution. As uncertainty around the treatment and future of these flexibilities continues to grow, both industry and CMS have weighed in......By: Sheppard Mullin Richter & Hampton LLP

The emergence of fully autonomous vehicles is fundamentally transforming the landscape of civil liability within the automotive industry. Significant regulatory advancements, evolving case law, and emergent tort doctrines in both the European Union and the United States are actively redefining liability allocation across the entire technology and manufacturing supply chain. This necessitates a proactive update of risk mitigation strategies and a reevaluation of vehicle owners’ responsibilities....By: Jones Day

The Internal Revenue Service (IRS) recently released Revenue Procedure 2025-32, which increases the health flexible spending account (FSA) salary reduction contribution limit to $3,400 for plan years beginning in 2026, an increase of $100 from 2025. Thus, for health FSAs with a carryover feature, the maximum carryover amount is $680 (20% of the $3,400 salary reduction limit) for plan years beginning in 2026. When carrying over funds from 2025 to 2026, 20% of the $3,300 salary reduction limit...By: Woodruff Sawyer

A fatal collision between a Jet Ski and a boat on a Wisconsin lake raised a compelling question: Does an auto policy’s uninsured motorist coverage stretch from the road to the water?...By: Carlton Fields

Since 2020, two important changes to the Medicaid program have been looming on the horizon for applicants and recipients of community-based Medicaid benefits (including home care services, coverage for care provided in assisted living “ALP” facilities, and waiver program benefits), but, until now, had not been implemented as a result of the COVID-19 public health emergency. Now, an important change is being implemented that will impact those in need of home care assistance through the Medicaid...By: Falcon Rappaport & Berkman LLP

Is it a good idea to drive a vehicle that is not street legal on a public road? Probably not. But if you’ve already done it, a recent Sixth Circuit decision suggests that might mean it’s covered by your auto insurance. In Leitch v. White, the Sixth Circuit Court of Appeals concluded that an auto insurance policy did not cover an off-road all-terrain vehicle wreck, in part because there was no record evidence that the vehicle was driven on a public street....By: Carlton Fields

Representatives from the defense bar and the healthcare and life sciences industry recently met for the American Health Law Association’s Fraud and Compliance Forum. The conference programming covered an array of topics for practitioners, ranging from the practical risks of and guidance for using artificial intelligence (AI) in clinical operations to discussions of commercial reasonableness and fair market value in compensation....By: Morgan Lewis - Health Law Scan

In this episode of Don't Take No For An Answer, new Lowenstein partner Jeremy M. King joins host Lynda A. Bennett to discuss AI cybersecurity risks and how to insure them. They discuss the plethora of security risks associated with AI usage and the urgency for organizations to review their insurance policy language before a claim is presented to avoid surprises later. King and Bennett encourage listeners to make sure their patchwork quilt of coverage does not have any holes from crime to...By: Lowenstein Sandler LLP

The United States District Court for the District of Delaware, applying Delaware law, has held that a prior notice exclusion bars coverage for securities and derivative lawsuits alleging the same underlying conduct as a letter to the insured’s audit committee previously reported as a notice of circumstance....By: Wiley Rein LLP

In the recent decision of Martinez v. GEICO Casualty Insurance Company, 2025 WL 2699231 (11th Cir. Sept. 23, 2025), the U.S. Court of Appeals for the Eleventh Circuit affirmed the district court’s order granting summary judgment for GEICO Casualty Insurance Company (“GEICO) and held that under the totality of the circumstances test, it did not act in bad faith in its handling of an auto accident claim with multiple claimants....By: Cozen O'Connor

The past several years have been active in the policy space for Medicare Advantage (MA) stakeholders, including 2025, which has seen two final rules released (to date), following publication in December 2024 of a proposed rule addressing policy and technical changes to MA and Part D. The Centers for Medicare & Medicaid Services (CMS) released a final rule in April that addressed some proposals from that rule, and the agency recently issued a second final rule addressing additional proposals....By: McDermott+

California AG Rob Bonta and the San Diego City Attorney’s Office settled for $40 million with health plan seller and administrator HealthNet, LLC and related entities (collectively, “Health Net”) to resolve allegations that Health Net kept and distributed inaccurate or outdated mental health and medical provider directories, in violation of the state’s consumer protection laws....By: Cozen O'Connor

Last week, on October 7, 2025, the Federal Deposit Insurance Corporation (FDIC), and the Office of the Comptroller of the Currency (OCC) (collectively, the “Agencies”) issued two joint notices of proposed rulemaking (NPRs). First is an NPR to codify the elimination of reputation risk from their supervisory programs the “Reputation Risk NPR”). Second, is an NPR to define the term “unsafe and unsound practice” (the “Safety and Soundness NPR”)....By: Cadwalader, Wickersham & Taft LLP

On this Ropes & Gray podcast, health care partners Ben Wilson and Mike McGrath discuss the current trends and challenges in health plan mergers and acquisitions, with a focus on the Medicare Advantage market. They explore the factors driving deal activity, such as financial distress among smaller plans and strategic partnerships for growth, as well as evolving federal and state regulatory requirements. The conversation provides practical guidance for health plan leaders on maximizing value,...By: Ropes & Gray LLP

Cybersecurity continues to draw interest from lawmakers and regulators on a variety of fronts. Similar to the trends of 2024, there were relatively few updates to state data breach laws but rather an evolving regulation of security measures in both state and federal laws....By: Perkins Coie

The UK Financial Conduct Authority (FCA) has published Handbook Notice 133, outlining updates to the FCA Handbook resulting from the following statutory instruments......By: A&O Shearman

In a press release dated September 19, 2025, Commissioner Ricardo Lara announced proposed changes to California’s rate review and intervenor system. The state’s intervenor system, initially established by Proposition 103 in 1988 and last updated in 2006, currently authorizes “intervenors” to participate in rate review....By: Troutman Pepper Locke

Directors and officers are no strangers to consequential decisions—where to incorporate, how to pursue growth, how far to go on ESG disclosures. Each choice shapes the company’s relationship with investors....By: Woodruff Sawyer

Maintaining a robust cybersecurity framework is an enterprise-wide responsibility that requires everyone’s attention. This checklist addresses five critical areas in which businesses are vulnerable to emerging cybersecurity risks and offers practical steps you can take to strengthen your organization’s cyber hygiene....By: Goodwin

McDermott+ is pleased to bring you Regs & Eggs, a weekly Regulatory Affairs blog by Jeffrey Davis. October 16, 2025 – Over the last couple of weeks, stakeholders have raised many questions about how the government shutdown will affect different healthcare initiatives and programs, and Medicare Advantage (MA) is no exception....By: McDermott+

For over a decade, Applicable large employers (ALEs), those with 50 or more full-time equivalent employees, have been required to annually report health insurance coverage information to the IRS and to employees on Form 1095-C, and to distribute the Form 1095-C to employees. On December 23, 2024, Public Law 118-167, known as the “Paperwork Burden Reduction Act” (the Act) was enacted to simplify this reporting process......By: Foley & Lardner LLP

The New CBUAE Law consolidates regulation of banks, payment providers and insurers under a single framework, introduces new licensing requirements for enabling technology providers and imposes higher penalty provisions....By: White & Case LLP

On 6 August 2025, EIOPA published an opinion aimed at clarifying how the interpretation of insurance regulations should be aligned with the provisions of the AI Act. The document doesn't introduce new rules but provides interpretative guidance that situates AI within the existing regulatory framework (Solvency II, IDD, DORA, GDPR)....By: DLA Piper

On September 22, 2025, United States District Judge Elaine E. Bucklo of the Northern District of Illinois denied class certification to a putative class of approximately 240,000 dentists that alleged Delta Dental, a nationwide provider of commercial dental insurance, conspired to suppress provider reimbursement rates in violation of Section 1 of the Sherman Act. In re Delta Dental Antitrust Litig., 1:19-cv-06734, MDL 2931 (N.D. Ill. Sept. 22, 2025)....By: A&O Shearman

This episode of the Subro Sessions podcast, hosted by David Huberman, Partner, covers the legal measure of property damages to real and personal property, including the legal framework for measuring and proving property damages, diminution in value versus cost of repair, evidentiary requirements and experts, and practical tips and suggestions for subrogation professionals when analyzing the recoverability of property damages....By: White and Williams LLP

Over the past year, climate related litigation has continued to evolve, with several landmark decisions shaping the global legal landscape. While the overall number of new strategic climate cases filed globally in 2024 declined slightly compared to previous years, this trend does not suggest a reduction in risk for insurers....By: Hogan Lovells

The US Department of Labor recently issued an advisory opinion clarifying whether a managed account–based lifetime income offering could qualify as a qualified default investment alternative....By: Morgan Lewis

NCUA Chairman Kyle S. Hauptman said that through the issuance of a policy statement he is reenforcing an agency policy to prohibit officials from setting new policy through enforcement actions....By: Ballard Spahr LLP

As artificial intelligence (AI) and data-driven decision-making become central to business operations, companies face a rapidly evolving landscape of cybersecurity and data privacy risk. Yet, many existing cyber insurance policies have not kept pace — and may leave organizations exposed to significant gaps in coverage....By: Smith Anderson