Deals & Corporate Governance

  • December 02, 2024

    Investor Alleges Medical Device Co. Misled On FDA Clearance

    The executives and directors of dialysis equipment company Outset Medical Inc. have been hit with a shareholder derivative suit in California federal court alleging they allowed the company to market its product without proper clearance from the U.S. Food and Drug Administration.

  • December 02, 2024

    Heritage's $10M Generic Drugs Deal With AGs Gets 1st OK

    A Connecticut federal judge gave his initial approval on Monday to Heritage Pharmaceuticals Inc.'s $10 million settlement agreement with state attorneys general to resolve allegations it took part in an anticompetitive, price-fixing scheme focused on generic drugs.

  • November 27, 2024

    Yale Health Group Can Bolster Bid To Dodge $435M Sale Deal

    Yale New Haven Health Services Corp. can add allegations to its complaint against Prospect Medical Holdings Inc. seeking to dodge a $435 million contract to buy a string of Connecticut hospitals and cite more examples of the seller's alleged breach of the deal, including $16 million in pension liens and ongoing regulatory investigations.

  • November 26, 2024

    CMS Cancels Call Center Solicitation With Disputed Labor Clause

    The Centers for Medicare and Medicaid Services called off its unusual resolicitation of a still-active $6.6 billion contract for contact center services on Tuesday, following litigation from contractor Maximus over a contentious labor harmony agreement in the solicitation.

  • November 26, 2024

    Healthcare Deals This Week: Roche, CHS And More

    This week in healthcare saw several high-profile deals focused on cancer treatments, including Roche's blockbuster deal with cell therapy developer Poseida Therapeutics and a $135 million series B round from oncology company Adcendo.

  • November 26, 2024

    HCA Hospital Sale On Hold Amid Antitrust Concerns

    An Indiana healthcare system has withdrawn its application with the state health department for a planned purchase of a hospital from HCA Healthcare following concerns from the Federal Trade Commission, saying it needs more time to rework the application.

  • November 26, 2024

    Armstrong Teasdale Grows In Big Apple With New IP Partner

    Armstrong Teasdale has welcomed an intellectual property partner to its New York office who brings more than 15 years of in-house and private practice experience and a doctorate in molecular biology and genetics.

  • November 22, 2024

    Barnes & Thornburg Adds Former Associate GC To DC Team

    The former associate general counsel for the American Society of Anesthesiologists has moved her practice to Barnes & Thornburg LLP, joining its corporate team in Washington, D.C., as a partner, the firm announced.

  • November 22, 2024

    Taxation With Representation: Stradley Ronon, Davis Polk

    In this week's Taxation With Representation, Amcor PLC buys Berry Global Group Inc., AeroVironment buys BlueHalo, Robinhood Markets Inc. acquires TradePMR, and Comcast Corp. spins off a suite of NBCUniversal cable television networks.

  • November 20, 2024

    Beasley Allen And J&J Tussle Over Atty Sanctions Bid

    Beasley Allen Law Firm accused a Johnson & Johnson talc unit of using "deposition notices as weapons" in its quest to sanction a firm lawyer, while the company said the firm "refused to meaningfully subject itself or its members to any discovery" in its bankruptcy case.

  • November 20, 2024

    Healthcare-Focused PE Firm Clinches $2.3B Buyout Fund

    Healthcare-dedicated private equity shop Frazier Healthcare Partners on Wednesday announced that it closed its oversubscribed 11th buyout fund after receiving $2.3 billion of investor commitments.

  • November 19, 2024

    Yoga Teacher Gets 7½ Years For Defrauding Mentally Ill Doctor

    A yoga instructor who helped defraud $2.7 million from a mentally ill doctor by moving into his Malibu home and feeding him psychedelic drugs was sentenced to 90 months in prison by a California federal judge Tuesday, more than twice the time recommended by prosecutors.

  • November 19, 2024

    Calif. Biotech Firm Vera Taps Veteran Chief Legal Officer

    Biotechnology firm Vera Therapeutics is welcoming a new chief legal officer in advance of an anticipated biologics submission to the U.S. Food and Drug Administration for a treatment targeting an autoimmune kidney disease.

  • November 19, 2024

    J&J Wants Beasley Allen Atty Sanctioned For Depo No-Show

    Johnson & Johnson's talc unit called on a Texas bankruptcy court to sanction a Beasley Allen Law Firm attorney for "unilaterally" deciding not to attend a scheduled deposition in the company's bankruptcy case.

  • November 19, 2024

    Kirkland Advises Amcor On $8.4B Berry Global Buy

    Kirkland & Ellis LLP-led Amcor PLC said Tuesday it has agreed to purchase fellow packaging company Berry Global Group Inc., in an all-stock deal that values Berry at more than $8.4 billion. 

  • November 18, 2024

    Melinta Obtains Ban On Generic Antibiotic Injections In IP Row

    A drugmaker that recently sold a manufacturing facility to Eli Lilly for nearly $1 billion has failed to persuade a federal judge in Chicago to wipe out patents covering a line of injections that treat infections developed by a recently bankrupt antibiotic developer.

  • November 18, 2024

    Medical Group Wants Justices To Review IP Safe Harbor Fight

    A medical device trade group has said the U.S. Supreme Court should take up an appeal of a Federal Circuit decision Edwards Lifesciences said broadened a drug-development safe harbor to avoid patent infringement, saying the circuit court misread the provision.

  • November 18, 2024

    Wachtell-Led CVS Adds Glenview CEO, Others To Board

    CVS Health, represented by Wachtell Lipton Rosen & Katz, said Monday it has struck a deal with activist investor Glenview Capital Management to appoint four new board members, including Glenview CEO Larry Robbins. 

  • November 15, 2024

    Orrick Trial Partner Joins Morgan Lewis In Boston

    Morgan Lewis & Bockius LLP announced that an experienced litigator from Orrick Herrington & Sutcliffe LLP joined the firm's Boston office as a partner, enhancing its capacity in areas such as life sciences and regulatory compliance.

  • November 15, 2024

    Taxation With Representation: Cravath, MoFo, Gibson Dunn

    In this week's Taxation With Representation, Cardinal Health takes a majority stake in GI Alliance and acquires Advanced Diabetes Supply Group, Just Eat offloads Grubhub to Wonder Group, Rivian Automotive and Volkswagen Group launch a joint venture, and Ovintiv Inc. buys Montney Basin assets from Paramount Resources Ltd.

  • November 14, 2024

    Emergency Medical Providers Oppose $2.8B BCBS Deal

    A group of emergency clinic medical providers objected to the $2.8 billion settlement a broader class of medical providers reached with the Blue Cross Blue Shield network of insurers last month, as attorneys for the overall class boasted that the settlement would transform the insurers and bring historic payouts.

  • November 13, 2024

    Damages Limited In AGs' Generic Drug Price-Fixing Case

    A Connecticut federal judge has nixed some claims against Sandoz Inc. and other generic-drug makers in a massive antitrust and unfair trade practices case filed by state attorneys general, finding that a handful of the enforcers cannot seek damages on behalf of their allegedly injured citizens.

  • November 13, 2024

    Colo. Hospital System To Settle ER Billing Claims For $23M

    University of Colorado Health has agreed to pay $23 million to settle a lawsuit alleging the hospital system was submitting false claims to federal health care programs, U.S. Department of Justice officials announced Tuesday.

  • November 13, 2024

    Mich. Justice Jokes He's To Blame For PIP Assignment Fights

    A Michigan Supreme Court justice joked Wednesday that his 2017 footnote about patients assigning medical claims to healthcare providers was to blame for complicated recent insurance litigation surrounding plaintiffs who sign over their rights but nevertheless sue insurers. 

  • November 12, 2024

    Health Deal Attys See Hope — And Unknowns — In Trump 2.0

    In the days following the election results, attorneys say they've seen mixed reactions from the healthcare and life sciences industries, with some sectors cheering over what they expect to be a less stringent antitrust environment and others worrying over how potential policy changes could affect certain businesses.

Expert Analysis

  • Revalidation Unlikely To End NIH Tech-Deal Bid Protest Saga

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    Recent U.S. Government Accountability Office decisions requiring the National Institutes of Health to again rework a $50 billion information technology contract probably won't result in an award for many protesters, and the corrective action will likely be followed by more protests, say James Tucker and Damien Specht at MoFo.

  • Colorado Antitrust Reform Carries Broad State Impact

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    Colorado recently became the latest state to update and expand its antitrust laws, and the new act may significantly affect enforcement and private litigation, particularly when it comes to workers and consumers, says Diane Hazel at Foley & Lardner.

  • Parsing Through The FTC's Proposed Health Privacy Updates

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    The Federal Trade Commission's recently proposed updates to its Health Breach Notification Rule contain subtle but significant changes to key terms that help modernize the agency's health app regulation and provide stakeholders an important opportunity to help shape the future of virtual health care, say attorneys at Arnold & Porter.

  • Regulating AI: An Overview Of Federal Efforts

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    The U.S. has been carefully managing a national policy and regulatory ecosystem toward artificial intelligence, but as AI technology continues to expand into our everyday lives, so too has its risks and the need for regulation, says Jennifer Maisel at Rothwell Figg.

  • Merger Guidelines Should Provide For Competition Trustees

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    Following the U.S. antitrust agencies' release of draft merger guidelines, retired U.S. Court of Federal Claims Chief Judge Susan Braden suggests a court-appointed competition trustee would help ensure U.S. competition without impairing economic prosperity.

  • Indivior Ruling May Affect Rebate Wall Litigation

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    A New Jersey federal court's recent decision in Indivior v. Alvogen, in which a claim that an alleged rebate wall anti-competitively blocked generic competition survived summary judgment, may provide a blueprint for successfully challenging other drug rebating practices, say Peter Herrick and Monsura Sirajee at O'Melveny.

  • Merger Guidelines' Broad Tack Ignores Recent Precedent

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    The U.S. Justice Department and Federal Trade Commission's new proposed merger guidelines are consistent with the Biden administration's expansive approach to antitrust enforcement, but they fail to grapple meaningfully with much of modern economic precedent and court decisions requiring greater agency rigor in merger analysis, say attorneys at Freshfields.

  • Mallory Gives Plaintiffs A Better Shot At Justice

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    Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

  • Courts Can Overturn Deficient State Regulations, Too

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    While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

  • Tales From The Trenches Of Remote Depositions

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    As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.

  • What's New In The DOJ-FTC Proposed Merger Guidelines

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    While this week's merger guidelines proposal from the Federal Trade Commission and U.S. Department of Justice initially appears to reflect well-established principles of antitrust law, a closer examination reveals a stark departure from the last 40 years of antitrust enforcement, say attorneys at Skadden.

  • Tide May Be Turning On Texas Two-Step Bankruptcy Strategy

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    Recent developments in several high-profile bankruptcy cases suggest that the use of the Texas Two-Step to shield solvent companies from tort claims may be falling out of favor, but until the U.S. Supreme Court hears one of these cases the strategy will remain divisive and the subject of increased scrutiny, say attorneys at Rivkin Radler.

  • Ways To Balance ESG Initiatives And Antitrust Risks

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    Since ESG policies often concern systemic issues that require collective action for meaningful results, there are potential antitrust issues that require safeguards to help mitigate risk, say attorneys at Faegre Drinker.