Trending Issues in Negotiation of Indemnification Provisions

These trends included (i) an enduring focus on waste, fraud, and abuse in the health care industry; (ii) a continued focus on Medicare Advantage and a newer focus on gender transition procedures for minors; and (iii) the ever-increasing use of data analytics to prosecute cases.

On April 1, 2026,the U.S. Food & Drug Administration (FDA) issued a statement clarifying its compliance policy on the  conditions that must be met for compounded drugs to qualify for the exemptions under Sections 503A and 503B of the Federal Food, Drug, and Cosmetic Act (FD&C Act).

Foley partner Susan Pravda is a business lawyer focused on mergers and acquisitions, venture capital, initial public offerings, and related securities transactions and is head of Foley’s Health Care & Life Sciences Sector. She also serves as the firm’s chief strategic talent acquisition partner.