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340B Hot Topics: Courts, Surveys, and Rebates, with Jason Prokopik

By: Brandon W. Shirley on May 7, 2026

"Legal issues intersect with non-legal issues in [the] 340B space,” says Brandon Shirley, a partner at Krieg DeVault, who teams up with Jason Prokopik, PharmD, Senior Manager & Pharmacy Consultant at Blue & Co., LLC to host this rapid-fire 340B…

Separate and Specific – New Indiana Law Informed Consent Requirements

By: Grant M. Achenbach and Stacy Walton Long on May 6, 2026

During the 2026 legislative session, the Indiana General Assembly passed a new law, Senate Enrolled Act (“SEA”) 90, requiring additional, separate informed consent for patients who are scheduled to receive certain exams. Effective July 1, 2026, the…

Nonprofit Political Activity in an Election Year: What Organizations Need to Know

By: Kendall A. Schnurpel on May 4, 2026

As election activity increases, nonprofit organizations should revisit the federal tax rules governing political campaign intervention, lobbying, voter education, and issue advocacy. Those rules vary significantly based on an organization’s…

Sixth Circuit Rules ERISA Preempts Portions of Tennessee’s PBM Laws

By: Stephanie T. Eckerle, Catherine M. Stowers, and Griffin F. O'Gara on April 30, 2026

On April 7, 2026, the Court of Appeals for the Sixth Circuit affirmed that portions of Tennessee’s pharmacy benefit manager (“PBM”) laws are preempted by the Employee Retirement Income Security Act (“ERISA”) as applied to self-funded employer health…

Take Five: 5 Things You Need to Know About Indiana Government - April 2026 - Pre-Primary

By: Mathew W. Norris and Amy E. Schwarz on April 29, 2026

1.  Congressional Primaries

Primary elections for all nine of Indiana’s Congressional seats loom on May 5, but these races seem unlikely to offer any surprises. District boundaries remain unchanged after President Trump’s failed effort to have the…

Indiana Court of Appeals Upholds Two-Year Statute of Limitations for Deposit Account Disputes — Including Challenges to Overdraft Fees

By: Brett J. Ashton and Libby Yin Goodknight on April 22, 2026

On April 20, 2026, the Indiana Court of Appeals affirmed the dismissal of a putative class action challenging overdraft fees assessed by an Indiana credit union, ruling Indiana’s two-year statute of limitations on “[a]n action upon a deposit…

IEEPA Tariff Refunds Update: CBP Opens Refund Portal, Marking Start of Claims Phase

By: Kendall A. Schnurpel and Alex C. Wimmer on April 22, 2026

U.S. Customs and Border Protection (“CBP”) has opened the long‑anticipated online portal for submitting refund claims for tariffs imposed under the International Emergency Economic Powers Act (“IEEPA”), marking a significant transition from system…

EBSA Issues New Enforcement Guidance with Significant Implications for ESOPs

By: Fenton D. Strickland and Griffin F. O'Gara on April 21, 2026

On April 14, 2026, the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) released Field Assistance Bulletin No. 2026-01, outlining new enforcement priorities and guiding principles under ERISA. While the Bulletin applies…

Latest Developments in Meta Pixel Class Action Litigation Impacting Financial Institutions

By: Brett J. Ashton and David A. Bowen on April 20, 2026

On January 13, 2025, we published a client alert in which we warned that the plaintiffs’ bar had begun adapting theories used in a wave of healthcare website-tracking class actions to target financial institutions, and highlighted a then-recent…

Indiana Supreme Court Reinforces Broad ITCA Immunity for Municipalities and Public Officials in Condemnation Actions

By: Scott C. Frissell and Hannah K. Huff-Schassburger on March 31, 2026

Bottom line: Municipalities, redevelopment commissions, and their officials remain strongly protected from tort liability under the Indiana Tort Claims Act (“ITCA”) when condemnation decisions are made pursuant to statutory authority.

Overview of the…

IRS Reopens and Overhauls Group Exemption Program

By: Robert A. Greising and Kendall A. Schnurpel on March 26, 2026

On January 20, 2026, the Internal Revenue Service reopened its group exemption program with the release of Revenue Procedure 2026-8, ending a multi-year suspension on new group exemption applications. The new guidance replaces rules dating back to…

IRS Disregards "Charitable LLC" Arrangement and Denies Charitable Deduction

By: Robert C. Ansani and Kendall A. Schnurpel on March 24, 2026

On January 23, 2026, the Internal Revenue Service (the “IRS”) publicly released Field Attorney Advice 20260401F (the “FAA”)1, in which the Office of Chief Counsel rejected a promoted "charitable LLC" structure designed to generate a substantial…

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