Insights

Washington – August 20, 2026: The Best Lawyers in America® has recognized 57 of the firm's attorneys in its 2027 edition, a testament to the firm's deep bench of legal talent across practices and offices nationwide. In addition, 29 attorneys have been named to the Best Lawyers: Ones to Watch® list, recognizing outstanding attorneys earlier in their careers. 

Washington – August 13, 2026: Crowell & Moring partners Jeffrey Gleason, Andrew Avsec, and Rochelle-Leigh (Shelley) Rosenberg have been named to BTI Consulting Group’s 2026 Client Service All-Stars list, which recognizes attorneys for exceptional client service. This list is based on independent research and feedback from more than 16,000 corporate counsel and other legal leaders.  

Washington – August 15, 2024: The 2025 edition of The Best Lawyers in America® has recognized 42 Crowell & Moring lawyers as "Best Lawyers" and 29 lawyers as “Ones to Watch.”

On June 12, 2025, the Fifth Circuit ruled in Guardian Flight I[i] and Guardian Flight II[ii] that the No Surprises Act (“NSA”) does not confer a private right of action on parties to confirm an Independent Dispute Resolution (“IDR”) award in court. The Fifth Circuit is the first United States Court of Appeals to weigh in on the issue, which has divided some district courts. On July 11, 2025 the Fifth Circuit denied Appellant’s request for en banc review of the Court’s finding that the NSA lacks a private right of action.[iii] The panel’s ruling is now final and controlling precedent for the Fifth Circuit unless overturned by the Supreme Court.

On September 30, 2021, the Departments of Health and Human Services (“HHS”), Labor, and Treasury, as well as the Office of Personnel Management (collectively, “the Departments”), issued a second interim final rulemaking implementing provisions of the No Surprises Act passed by Congress earlier this year. 

In looking to re-open, courts across the country are confronting both the public health and safety needs of their locales, as well as the role remote operations may continue to play. Courts—both federal and state—are reopening and implementing a patchwork of procedures on a court-by-court basis.

Private equity firms have been increasingly active in the health care provider space in recent years—which, in turn, has increased the prevalence of health care litigation.

As the COVID-19 pandemic continues to expand its geographic reach, courts across the country have begun to impose a number of restrictions, closures, and other emergency measures. Currently, however, these measures are being implemented by federal courts on an ad hoc, court-by-court basis, leaving litigants with a patchwork of sometimes inconsistent rules for accessing court services. These restrictions vary from modest restrictions on court access to high-risk individuals, to near total suspension of court activities. Join us as we examine how the courts are responding and strategic considerations for moving your disputes closer to resolution.

CMS issued the long-awaited proposed rule that would make major changes to the Medicare Advantage and Medicare Prescription Drug Benefit Programs. CMS proposes many changes that are intended to increase transparency and alleviate administrative burdens on MA organizations and Part D sponsors. Other changes implement the Comprehensive Addiction and Recovery Act and the 21st Century Cures Act. CMS also solicits comments on a number of important topics.

In this episode, host Payal Nanavati talks to Shelley Rosenberg and Joe Records about changes to the medical loss ratio (MLR) requirements impacting commercial coverage, particularly the limitations on what expenses issuers can include in their MLR numerators.

Payers, Providers, and Patients – Oh My! Is Crowell & Moring’s biweekly health care podcast, discussing legal and regulatory issues that affect health care entities’ in-house counsel, executives, and investors. In this "deep dive" episode, hosts Payal Nanavati and Joe Records talk to Shelley Rosenberg about how health care defendants can use ERISA preemption as a way to remove litigation to federal court.