Health

  • June 11, 2021

    Mallinckrodt Creditors Question Ch. 11 Drug Sale Process

    The official committee of unsecured creditors in the Chapter 11 case of drugmaker Mallinckrodt PLC objected on Friday to the company's proposed sale of a development-stage pharmaceutical, saying the company didn't run an adequate marketing process and is seeking to sell the asset at too low of a price.

  • June 11, 2021

    Ex-CVS Exec Probed On Drug Prices In Overcharge Trial

    A former CVS Pharmacy executive conceded to a California federal jury trial Friday that the chain didn't report its discounted drug prices to pharmacy benefit managers to avoid losing about $500 million annually.

  • June 11, 2021

    Quest Diagnostics Escapes Amazon Temp Worker's Pot Suit

    Quest Diagnostics doesn't have to face a lawsuit brought by a temporary Amazon employee who was not hired for a permanent position after failing a drug test, a Pennsylvania federal judge ruled on Friday, saying Quest had no duty to report his medical marijuana license to his employer.

  • June 11, 2021

    Texas Judge Wary Of Hospital Staff's Vaccine Policy Challenge

    A Texas federal judge showed deep skepticism on Friday of claims that a Houston hospital was unduly coercing staff to be vaccinated for COVID-19, during a hearing on the hospital's bid to dismiss the policy challenge.

  • June 11, 2021

    Endo Can't Shake FTC Pay-For-Delay Suit, Judge Told

    The Federal Trade Commission fought a dismissal bid Friday in an antitrust suit related to an alleged 2017 "pay-for-delay" agreement over Endo Pharmaceuticals' Opana ER painkiller, saying the drugmaker couldn't have made such an agreement because its competitor had already had a broad patent license for similar products for years.

  • June 11, 2021

    Tenn. Appeals Court Won't Halt Endo's $2.4B Opioid Trial

    A Tennessee appellate court on Friday refused to stay lower court proceedings, including a trial set for July 26, that will determine whether Endo Pharmaceuticals should pay $2.4 billion in damages after being found liable by default in an opioid case.

  • June 11, 2021

    SEC Says Biotech Co. Tricked Investors Out Of Millions

    The U.S. Securities and Exchange Commission has claimed in a new federal lawsuit that a Colorado-based radiopharmaceutical company misled investors and defrauded them into buying millions of dollars in company securities.

  • June 11, 2021

    FDA's Alzheimer's Drug Approval Deepens Searing Debate

    The U.S. Food and Drug Administration's approval of the first Alzheimer's treatment in nearly two decades despite a panel's reservations cuts into a dilemma about such fast-track authorizations, pitting the needs of patients who may have nothing to lose against the cost of billions of dollars on a new drug that may not work.

  • June 11, 2021

    No-Show Atty Ran Out Of 2nd Chances, Mass. Court Says

    An attorney sued for allegedly bungling a medical malpractice case botched his defense in the resulting legal malpractice suit by not answering the complaint lodged against him and not showing up for a deposition, a Massachusetts appellate panel said Friday.

  • June 11, 2021

    10th Circ. Denies Health Workers Increase In $2.3M ERISA Win

    The Tenth Circuit refused Friday to increase a $2.3 million class action win for numerous Banner health workers who said the nonprofit health system allowed their 401(k) plan to pay excessive fees, finding a trial court correctly disregarded the workers' claims they'd lost $19 million in expenses.

  • June 11, 2021

    Meet The Judge Overseeing The 1st Opioid Jury Trial

    Jerry Garguilo, the son of a family of bakers, fantasized about being a judge since his law school days at Duquesne University in Pennsylvania, although it was a dream he never voiced aloud.

  • June 11, 2021

    Tivity Health Investors Seek Approval Of $7.5M Settlement

    Investors in Tivity Health Inc. have asked a federal judge in Nashville to approve a $7.5 million settlement deal that would end claims that the health improvement company concealed that one of its most important customers, United Healthcare Inc., was developing a program that would compete with one of Tivity's flagship offerings.

  • June 11, 2021

    Brand Battles: Miracle-Gro Aims To Weed Out 'Gromeo' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the company behind Miracle-Gro wants to mow down a Silicon Valley startup's application for a "Gromeo" brand of self-watering planter — plus, three other new cases you need to know.

  • June 11, 2021

    Roche Can't Beat $171M Judgment, Fed. Circ. Told

    A diagnostics company accused Roche of misunderstanding "the nature of license rights" in the Swiss giant's efforts at the Federal Circuit to dodge a Delaware court's $171 million willful infringement judgment over ripping off lab test patents.

  • June 11, 2021

    NLRB Rules Nursing Home Fired Worker To Halt Union

    The National Labor Relations Board issued a default judgment against an Illinois nursing home, ruling that it fired one of its workers after she engaged in union activity and failed to bargain with the union over changes in pay rates.

  • June 11, 2021

    How Class Action Settlement Funded Conn. Orgs' Equity Work

    Millions of dollars from the settlement of a historic racial discrimination-focused class action against John Hancock Insurance Co. have supported social and racial equity work by nonprofit organizations throughout the country — including two in Connecticut, the state where the case awaits final dismissal — according to a May report.

  • June 11, 2021

    Insys Seeks Ch. 11 Clawback Of $10M In Ex-CEO's Legal Fees

    Drugmaker Insys Therapeutics filed suit in Delaware bankruptcy court seeking to recover more than $10 million in legal fees the company paid out to its former CEO to defend him in a criminal kickback case for which he is now serving prison time.

  • June 10, 2021

    Calif. Counties Battle Drugmakers' Bid To Nuke Opioid Trial

    Pharmaceutical companies are rehashing failed legal arguments and cherry-picking statistics in hopes of escaping a multibillion-dollar opioid crisis trial, California communities said Thursday, telling a state court judge there's "overwhelming evidence" of a drug abuse epidemic fueled by shady marketing practices.

  • June 10, 2021

    9th Circ. Skeptical Of Researcher's Shot At DEA Pot Rule

    The Ninth Circuit panel considering whether to order the U.S. Drug Enforcement Administration to reconsider a denied petition to reschedule marijuana appeared to be hung up on whether the case was properly before them at oral arguments Thursday.

  • June 10, 2021

    Freezer Co. Hit With $15M Verdict Over Destroyed Embryos

    A California federal jury on Thursday found freezer manufacturer Chart Industries Inc. liable for the damage to and destruction of harvested eggs and embryos stored in its defective equipment, awarding nearly $15 million to the patients affected by a 2018 cryopreservation tank implosion.

  • June 10, 2021

    US To Buy 500M Pfizer Vaccine Doses For Global Donation

    The U.S. is slated to buy half a billion COVID-19 vaccine doses from Pfizer to be donated to many "low- and lower middle-income countries" to try to put a stop to the pandemic, President Joe Biden said Thursday.

  • June 10, 2021

    5th Circ. Won't Revive Sanofi Chemo Hair Loss Suit

    The Fifth Circuit on Thursday said that a breast cancer survivor didn't timely file her lawsuit alleging that Sanofi's chemotherapy drug Taxotere caused her permanent hair loss, upholding a lower court's ruling tossing her suit from multidistrict litigation.

  • June 10, 2021

    CVS Pricing Practice 'Cheated' Insured Drug Buyers, Jury Told

    Drug buyers leading a class action alleging CVS Pharmacy Inc.'s now-defunct discount program overcharged insured customers for generic drugs took the stand in a California federal jury trial Thursday, testifying that they believe CVS "cheated" them out of lower copays and lied about their insurance coverage for years.

  • June 10, 2021

    2 Israeli Traders Charged In Global Insider Trading Ring

    A pair of Israeli citizens accused by regulators last year of making millions of dollars through a global insider trading ring have been criminally charged in New York federal court, according to an indictment unsealed Thursday.

  • June 10, 2021

    Calif. Mulls Nixing Mask Requirement For Vaccinated Workers

    The California Division of Occupational Safety and Health will put forward recommended COVID-19 worker safety rule changes later this month that could remove mask requirements for a large swath of vaccinated workers in the state.

Expert Analysis

  • Opinion

    Congress Should Step In To Solve The Opioid Crisis

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    Instead of relying on piecemeal litigation to solve the opioid crisis, Congress should utilize data to create a coordinated national solution that would distribute culpability between parties and then allocate funds to affected areas, say Peter Kelso and Kristen Knorn at Roux Associates.

  • Medical Device Cases Show Increased Sunshine Act Scrutiny

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    Recent U.S. Department of Justice and Centers for Medicare & Medicaid Services settlements with two medical device manufacturers signal ramped-up enforcement of the Sunshine Act, highlighting a departure from a historically gentler approach, say Jaime Jones and Brenna Jenny at Sidley.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

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    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • Opinion

    FTC's Drop Of Illumina-Grail Federal Court Case Raises Uncertainty

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    The Federal Trade Commission's move to drop its lawsuit challenging the proposed merger of Illumina and its cancer-screening spinoff Grail is procedural posturing that undermines the agency's goals and has created maximum uncertainty for companies focused on creating life-saving technologies, say Zarema Jarimillo and Leiv Blad at Lowenstein Sandler.

  • Smaller Firms Need Employee Wellness Programs, Too

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    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

  • Compliance Considerations For Pharma Co. Testing Programs

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    Diagnostic tests sponsored by pharmaceutical companies can provide real benefits to patients, but should be carefully structured to mitigate compliance risks related to possible fraud and patient privacy, say Eve Brunts and Alison Fethke at Ropes & Gray.

  • Stop Networking, Start Relationship Marketing

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    USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

  • When Your 9th Circ. Case Needs California High Court Input

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    With the Ninth Circuit increasingly certifying state law questions to the California Supreme Court, litigants should pay careful attention to the rules for ancillary proceedings, study recent issues the state high court decided on certification, and consider strategic options, say attorneys at Buchalter.

  • Shifting Trends In Marketing Approvals Of Orphan Drugs

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    Data analysis reveals increases in orphan drug designations and marketing approvals over the last 20 years, and shows how biologics are shaping the orphan drug landscape, say Omar Robles at Emerging Health and Ji-Won Choi at the Vera Institute of Justice.

  • Questions Remain After EEOC's Vaccine Guidance Update

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    The U.S. Equal Employment Opportunity Commission recently provided some clarity for employers seeking to mandate or incentivize COVID-19 vaccinations in accordance with federal equal employment opportunity laws — but confusion about confidentiality, coercion and other issues may linger, say attorneys at Morgan Lewis.

  • What Attorneys Should Know About Fee Deferral

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    Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

  • Predictions On Pandemic's Lasting Impact On Legal Education

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    The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

  • Lawyer Perfectionism Is A Disease We Can Control

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    The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

  • 5 Tips To Help Your 2021 Summer Associates Succeed

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    Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.

  • Opinion

    It's Time For States To Enact Effective Marijuana DUI Laws

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    The increasing legalization of recreational marijuana spotlights the need for states to safeguard the public by developing laws to curb driving under the influence of drugs with uniform bright-line rules, along with more accurate testing and increased law enforcement training, say Laura Sedrish at Jacoby & Meyers and Victor Schwartz at Shook Hardy.

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