Lauren Morgan Fincher, a partner in Troutman Pepper Locke’s Regulatory Investigations, Strategy + Enforcement Practice Group, was quoted in the October 5, 2026, Fierce Healthcare article, “Healthcare’s High-Stakes Courtroom Battles.”

  • Litigation regarding these is ongoing, with national hospital groups and the Department of Justice filing amicus briefs to put their fingers on the scale in providers’ and drugmakers’ favors, respectively. Lauren Fincher, a partner at Troutman Pepper Locke, noted that the Fourth Circuit’s decision earlier this year that Maryland and West Virginia’s 340B laws were preempted by federal law created a circuit split with decisions from the Fifth and Eighth Circuits (though the Fourth has recently agreed to revisit the decision en banc). Decisions on similar cases are still on the way from the First, Ninth and Tenth Circuits as well.   
  • “We may see the Supreme Court take up this issue in the coming years,” Fincher told Fierce Healthcare. “Even if the Fourth Circuit’s en banc decision aligns with the Fifth and Eight Circuits, case law at the circuit level remains far from settled.