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Life Sciences

January 27, 2022
4 Highlights In Breyer's Legal Legacy For Health, Life Sciences

Justice Stephen Breyer played a starring role in landmark health care and pharmaceutical cases on an increasingly right-leaning U.S. Supreme Court, helping to narrowly secure major wins for abortion rights and illuminate the First Amendment's expanding use against restrictions on drugmakers.
January 27, 2022
Teva Gets Nod For $420M Price-Fixing Deal With Investors

A Connecticut federal judge granted preliminary approval to a $420 million deal resolving an investor class action accusing Teva Pharmaceuticals of orchestrating an industrywide price-fixing scheme, holding that the agreement is reasonable and there are no obvious red flags.
January 27, 2022
Fed. Circ. Judge Knocks Justices' Assignor Estoppel Ruling

A Federal Circuit judge said Thursday the U.S. Supreme Court justices created "a trap for the unwary" by keeping alive a doctrine barring inventors from challenging the validity of their own patents and narrowing when it can be applied, while weighing a remand order from the high court in a patent validity dispute between Minerva and Hologic.
January 27, 2022
6 Breyer Product, Personal Injury Opinions Attys Should Know

U.S. Supreme Court Justice Stephen Breyer has more often joined rather than authored opinions handed down in cases — while also shining a pragmatic light on legal issues in a number of concurrences and dissents — but he has still penned more than 200 opinions during his nearly 28 years on the high court.
January 27, 2022
Judge Says Shkreli's Picasso Can Be Sold To Pay $2.6M Debt

A New York federal judge on Thursday authorized a receiver to sell a Picasso etching seized from imprisoned "pharma bro" Martin Shkreli to settle a $2.6 million debt the former drug firm executive owes to a Pennsylvania pharmaceutical industry consultant.
January 27, 2022
Walmart Seeks Toss Of Suit Over Crash That Killed Girl Scouts

Walmart Inc. urged a California federal court to dismiss a lawsuit over the deaths of two Wisconsin Girl Scouts and one of their mothers who were run over by a pickup-truck driver high on Ultra Duster, accusing the victims' families of a "blatant act of forum shopping."
January 27, 2022
The Term: Breyer's Legacy And The Nomination To Come

Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.
January 27, 2022
Breyer Retiring As Supreme Court Lurches Right

Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?
January 27, 2022
SymBiosis Claims Biotech Firm's Fraud Led To Its Investment

An interest of venture capital fund SymBiosis Capital Management LLC has sued in Delaware Chancery Court to reclaim its multimillion-dollar share of a $75.5 million investment round conducted by Platelet Biogenesis Inc., accusing the biotech business of inducing the deal through fraud.
January 27, 2022
'Street Level' Oxy Pusher Admits Tricking Ex-CEO's Company

The Manhattan U.S. attorney's drug conspiracy case against former Rochester Drug Cooperative CEO Larry Doud inched toward completion Thursday after an opioid pusher told jurors he never met Doud and got meds from the company by lying about his pharmacy's operations.
January 27, 2022
All Pa. Counties Join $26B Opioid Deal Over DAs' Objections

All 67 Pennsylvania counties have signed on to a $26 billion, multistate settlement with three distributors and one manufacturer of opioid drugs, the state's attorney general's office announced Thursday, despite the district attorneys of its two largest counties opposing the deal.
January 27, 2022
AGs Ask OSHA For Climate Change Heat Standards

A coalition of six states has asked the Occupational Safety and Health Administration to establish national standards that consider occupational exposure to extreme heat to protect outdoor and indoor workers from the effects of rising temperatures due to climate change.
January 27, 2022
Judge Jackson Back In Spotlight As High Court Contender

The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.
January 27, 2022
Biden At His Side, Justice Breyer Announces Retirement

Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.
January 26, 2022
7th Circ. Dismisses Indiana Univ. Students' Vax Mandate Suit

The Seventh Circuit tossed as "moot" a lawsuit filed by eight Indiana University students who opposed the institution's COVID-19 vaccine mandate, ruling that the case hinged on a single plaintiff who had withdrawn from the school.
January 26, 2022
Democrats Plan Swift Confirmation Of Breyer Successor

The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.
January 26, 2022
Fla. Judge Vacates Arbitration Award Over Deposition Texting

A Florida federal judge has vacated an arbitration award and threatened to grant NuVasive Inc. a default win in its suit against medical device distributor Absolute Medical after learning that the company's president texted another defendant repeatedly during a remote deposition in the arbitration proceeding.
January 26, 2022
4th Circ. Backs Toss Of FCA Medicaid Suit Against Allergan

A split Fourth Circuit panel has refused to revive a False Claims Act suit alleging an Allergan unit fraudulently reported drug prices to Medicaid and cost the federal government at least $680 million, finding that the company didn't "knowingly" make false claims.
January 26, 2022
Mississippi Lawmakers Send Medical Pot Bill To Governor

Mississippi lawmakers on Wednesday approved a medical marijuana bill, sending the legislation to Republican Gov. Tate Reeves' desk with broad enough support to override a veto and positioning the state to become the 37th to legalize cannabis for medical use.
January 26, 2022
EPA Declines To Switch Up Ethylene Oxide Risk Calculation

The U.S. Environmental Protection Agency on Wednesday proposed sticking with a Trump-era plan for assessing risks posed by ethylene oxide pollution, refusing requests for the agency to use a different risk calculation model that was developed by Texas environmental regulators.
January 26, 2022
Meet The Possible Nominees For Justice Breyer's Seat

President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.
January 26, 2022
'Just Do Your Job': Justice Breyer's Legacy Of Pragmatism

With the coming retirement of Justice Stephen Breyer, the U.S. Supreme Court loses not only a core member of its liberal bloc, but also a judicial thinker who cares deeply about making the law work on a practical level, those who worked with him said.
January 26, 2022
ITC Investigating Alvotech's Humira Biosimilar Imports

The U.S. International Trade Commission on Wednesday agreed to investigate whether Alvotech and Teva misappropriated trade secrets when importing their biosimilar version of AbbVie's best-selling biologic Humira.
January 26, 2022
5 Breyer Opinions You Need To Know

Justice Stephen Breyer, who was confirmed Wednesday to be stepping down from the court after 27 years, was a pragmatist who thought about the real-world implications of the high court’s decisions. Here, Law360 looks at some of the cases that epitomize his career.
January 26, 2022
Justice Breyer To Retire From High Court

Justice Stephen Breyer, one of the longest-serving liberal members of the U.S. Supreme Court, will resign his post after more than 27 years on the bench.

Editor's Picks

Raucous 2021 Awaits FCA Litigants After Low-Key Year

False Claims Act recoveries were modest overall in 2020, but the relatively calm year seeded the clouds for a stormy 2021 by generating tremendous government spending on pandemic relief, a record number of new cases and a potentially game-changing decision in a closely watched area of Medicare fraud litigation.
Epic Litigation Landscape Awaits Health, Life Sci Attys In 2021

Health care and life sciences lawyers are heading into an electrifying year of litigation as the Trump administration's 11th-hour policymaking sparks legal challenges, the coronavirus pandemic ignites fraud suits, fodder grows for kickback probes and the U.S. Supreme Court mulls momentous cases involving the False Claims Act, abortion and Obamacare.
All Work, No Pay: HHS Sues Gilead Over HIV-Prevention IP

The U.S. Department of Health and Human Services accused Gilead Sciences Inc. on Wednesday of infringing four agency patents covering the use of HIV treatment medication to prevent infection, escalating a fight that has been brewing for months.

Expert Analysis

How AI Can Transform Crisis Management In Litigation

Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.
Tribal Corp. IP Suit Highlights Sponsored Research Pitfalls

In Tulalip Tribal Federal Corp.'s recent Washington federal court action alleging that Stanford University copied a treatment based on research involving the tribes' confidential information, the parties' pleadings shed light on best practices for addressing ownership of sponsored research results in clear and precise terms, says attorney Catlan McCurdy.
Supervisor Relationships Are Key To Beating Atty Burnout

In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.
How New Laws Could Tighten FDA Regulation Of Cosmetics

Federal legislation on the use of perfluoroalkyl or polyfluoroalkyl substances and other ingredients in cosmetics has a good chance of passing this year, so companies should track policy developments, identify any PFAS ingredients in their cosmetic products, and prepare for possible new safety and reporting requirements, say attorneys at King & Spalding.
How Magistrate Judges Can Help Tame Large Product MDLs

As multidistrict product liability litigations swell in size, taking on board increasing numbers of individual cases that may lack merit, courts may want to consider employing magistrate judges to evaluate pending claims through streamlined summary judgment proceedings, says Douglas Smith at Aurelius Law Group.
Lessons From Moderna's COVID Vaccine Patent Dispute

The National Institutes of Health's legal battle over Moderna's COVID-19 vaccine patent application highlights the unwelcome complications that can ensue when businesses collaborate in developing products, and the importance of best practices in naming inventors, says William Honaker at Dickinson Wright.
Drug Patent Suits' Novel Theory Tests False Claims Act Limits

Three recent False Claims Act cases in federal district courts, pursuing the novel theory that pharmaceutical companies defrauded the government by charging inflated drug prices based on invalid patents, could set federal appellate courts on a collision course and create new risks for patent holders, say attorneys at Williams & Connolly.
4 Consequences Of Gov't Contractor Antitrust Violations

Along with criminal penalties, significant collateral repercussions can follow a government contractor's conviction for antitrust violations, so vigilant compliance strategies are a must as the U.S. Department of Justice turns its attention to this area, say attorneys at Arnold & Porter.
What's Next For COVID-Era Emergency Use Medical Devices

Now that the U.S. Food and Drug Administration has released draft guidance and post-pandemic expectations for unapproved medical devices greenlighted under emergency use authorizations, manufacturers' next steps will depend on several factors, including device type and future intentions, say attorneys at Ropes & Gray.
The Rising Demand For Commercial Litigators In 2022

Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.
Antitrust's 1900s Nostalgia In The US And Beyond

President Joe Biden's appointees will continue to pursue a return to a previous antitrust era this year — the Federal Trade Commission, in particular, is dusting off its old tools — and similar developments are occurring in Europe and Asia, says Maureen Ohlhausen at Baker Botts.
When Fair Notice Precludes Punitive Damages

The ongoing pandemic has done little to slow the continued proliferation of novel theories of tort liability, but even when courts approve, the U.S. Constitution's requirement of fair notice may prohibit punitive damages, says Mitchell Morris at Butler Snow.
Orphan Drug Approval Takeaways From Recent FDA Data

Contrary to lawmakers' claims that generic drugs have been delayed or deterred from the marketplace by the Orphan Drug Act’s regulatory process, trends in recent data from the U.S. Food and Drug Administration show that orphan drug approvals are not pursued later solely to deter generic entry, say Omar Robles at Emerging Health and Katherine Jones at Bates White.
Takeaways From White Collar Criminal Enforcement In 2021

White collar criminal prosecutions were up in 2021, with recent high-profile fraud trials, the Biden administration's enforcement priorities and the continuing effects of the COVID-19 pandemic potentially reversing the previous trend of slumping white collar prosecutions, say attorneys at Keker Van Nest.
M&A Ruling Illustrates Limits Of Disclaiming Fraud In Del.

The Delaware Chancery Court's recent ruling in Fortis Advisors v. Johnson & Johnson shows that parties negotiating M&A transactions should be mindful that extracontractual fraud claims may only be eliminated through explicit anti-reliance provisions, say attorneys at Troutman Pepper.