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Life Sciences

  • May 17, 2019

    Texas Judge Backs Broad DOJ Authority To End FCA Suits

    A Texas federal judge on Thursday recommended the dismissal of False Claims Act suits accusing Eli Lilly and Bayer of providing kickbacks to doctors in the form of various assistance services, saying the U.S. Department of Justice has "virtually unfettered" dismissal authority in whistleblower FCA cases.

  • May 17, 2019

    Orexigen Cleared For Wind Down After Del. Ch. 11 Confirmed

    Remnants of largely sold-off biopharmaceutical firm Orexigen Therapeutics Inc. whisked through a Chapter 11 plan confirmation in Delaware on Friday, clearing the way for a wind down of the business and remaining litigation.

  • May 17, 2019

    CVS Ditches False Ad Suit Over Joint Health Pills

    CVS Health Corp. can escape a putative class action over claims it falsely advertised its line of CVS Health Glucosamine products, a California federal judge has ruled, finding that the pharmacy giant's packaging complies with federal labeling law, preempting the state law claims asserted in the suit. 

  • May 17, 2019

    Dysfunction Leads Del. Chancery To Dissolve Pharma Co.

    A Delaware chancellor ordered the liquidation and dissolution of a pharmaceutical development company Friday, saying disagreements among the company's three managers have created a deadlock that has frozen operations and doomed its future prospects.

  • May 17, 2019

    House Passes Bill To Lower Drug Prices, Bolster ACA

    The U.S. House of Representatives passed legislation on Thursday that aims to lower prescription drug costs, including a bill that would ban pay-for-delay settlements to keep generic drugs off the market, as well as measures to strengthen the Affordable Care Act.

  • May 17, 2019

    8 Firms Steer 5 IPOs Topping $1B Led By Diamondback Unit

    Eight firms will lead five initial public offerings that could raise more than $1.1 billion in combined proceeds during the week of May 20, led by a Diamondback Energy subsidiary's IPO and joined by smaller offerings among blank check and biotechnology companies.

  • May 17, 2019

    How Supreme Court Conservatives Have Shaped The FCA

    The U.S. Supreme Court’s latest False Claims Act ruling didn’t just decide how much time whistleblowers have to launch fraud cases — it added to a long line of FCA opinions written by right-leaning justices, who have authored virtually all of the high court’s modern FCA precedent.

  • May 17, 2019

    J&J Hit With $80M Verdict In Philly Mesh Case

    A Philadelphia jury returned $80 million in damages against a Johnson & Johnson unit on Friday in the latest trial over chronic pain and other complications caused by its pelvic mesh implants.

  • May 17, 2019

    American Researchers To Be Added To Nobel-Related Patents

    Two American scientists will be added to patents involved in Nobel Prize-winning cancer research, a Boston federal judge ruled Friday, handing a victory to the Dana-Farber Cancer Institute and Foley Hoag LLP.

  • May 17, 2019

    Dorsey & Whitney Adds Veteran Product Liability Litigator

    Dorsey & Whitney LLP has given its product liability practice a boost, bringing on a veteran litigator from Goodell DeVries as a partner in its New York office.

  • May 17, 2019

    Zetia Buyers Demand Info On Generics In Pay-For-Delay Suit

    Generic-drug maker Zydus needs to cough up details on its generic version of Zetia, buyers of the cholesterol medication told a Virginia federal court, as they contend that information may bolster their pay-for-delay case against Merck and Glenmark.

  • May 16, 2019

    Trump Ditches New Negotiating Powers For Medicare Part D

    The Trump administration on Thursday abandoned extra leeway for Medicare Part D plans to negotiate prices for prescription drugs that treat serious diseases, dealing a setback to its blueprint for making drugs more affordable.

  • May 16, 2019

    CDC's HIV Prevention Patents Invalid, Gilead CEO Tells House

    Gilead believes that Centers for Disease Control and Prevention patents that went toward its blockbuster HIV prevention and treatment medication Truvada are invalid and can't be used to make the company lower the drug's cost, the company’s CEO told the U.S. House of Representatives on Thursday.

  • May 16, 2019

    United, Humana Say Classes Can't Carve Up Generic Awards

    United Healthcare and Humana want the Pennsylvania federal court overseeing sprawling multidistrict litigation over generic drug prices to refuse to grant an order that would set aside part of any money the health care companies might win for the main class.

  • May 16, 2019

    Blood Clot Drug Buyers Must Redo Class Cert. Bid

    Nashville's general hospital has one week to amend a proposed class of Lovenox buyers after a Tennessee federal judge rejected a last-minute tweak to the class definition in a lawsuit accusing Momenta and Sandoz of conspiring to monopolize the blood clot drug and its generic version.

  • May 16, 2019

    Ill. Court Kills Shunt Patent Suit That Targeted Hundreds

    An Illinois federal judge tossed a patent infringement suit brought by two Illinois surgeons against hundreds of doctors and hospitals after the surgeons' "continued disregard" for the law and warnings from the court, sanctioning them for "groundless" positions on the service and venue of their complaints.

  • May 16, 2019

    Essure Users Fight To Keep Bayer Injury Suits Alive In Calif.

    More than 13,000 women claiming Bayer HealthCare's Essure birth control harmed them urged a California judge on Thursday to keep alive out-of-state plaintiffs' claims, arguing the Golden State has a greater interest over their claims than other states, because Bayer's alleged conduct occurred there.

  • May 16, 2019

    5th Circ. Revives MD’s Securities Suit Against Ex-Biz Partner

    The Fifth Circuit has revived a Texas neurosurgeon's attempt to go after his former financial partner for allegedly violating federal securities law by promising their business venture would net $190 million when it only turned up $11 million, saying a lower court overlooked a threshold issue about whether a security even existed.

  • May 16, 2019

    Pa. Justices Suggest Juries Should Decide Risperdal Time Bar

    In an appeal implicating thousands of pending lawsuits in Philadelphia, members of Pennsylvania’s highest court suggested on Thursday that case-by-case determinations were needed to decide whether claims over abnormal breast growth linked to the antipsychotic drug Risperdal had been brought within the statute of limitations.

  • May 16, 2019

    New Leader Can't Save Biotech IPO Suit, Judge Rules

    A Massachusetts federal judge on Thursday dismissed a proposed class action claiming ReWalk Robotics Ltd. lied to investors ahead of its initial public offering, rejecting the class' bid to switch out a plaintiff who doesn't have standing for one who does.

Expert Analysis

  • A Potential New Fight Over FTC's 13(b) Authority

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    On Friday, ​AdvoCare ​announced​ that an immediate change to its business model was its “only viable option​" and that ​it was​ “in confidential talks” with the F​ederal Trade Commission.​ ​​It seems likely that AdvoCare made the change in order to argue that the FTC does not have authority to bring this case against the company, says John Villafranco of Kelley Drye.

  • Opinion

    IRS Should Use Tax Law To Combat The Opioid Epidemic

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    The IRS, which enforces anti-trafficking tax laws against state-regulated cannabis businesses, should be fair and apply the same policy against pharmaceutical companies that illegally market their opioids, says Kat Allen at Wykowski Law.

  • Opinion

    FTC Must Tackle Anti-Competitive Drug Rebate Practices

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    The Federal Trade Commission is well-equipped to take action against the anti-competitive "rebate walls" that pharmaceutical manufacturers are structuring in order to block new innovative drugs from entering the market, says David Balto, a former policy director of the FTC's Bureau of Competition.

  • Inside The New FCA Cooperation Credit Guidelines

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    The recently issued U.S. Department of Justice cooperation credit guidelines provide False Claims Act litigators important information about factors the government considers before awarding cooperation credit or moving to intervene and dismiss a qui tam relator's suit, say attorneys at Cleary.

  • Key Takeaways From Roundup Verdicts So Far

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    On May 13, a California jury returned a $2 billion verdict against Monsanto in the third trial over allegations that its popular weedkiller Roundup causes cancer. The Roundup trials highlight the importance of issues including punitive damages, celebrity influence and the value of jury exercises, say attorneys at Wiley Rein.

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

  • FDA Response To Cannabidiol Confusion Is Slow And Steady

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    The U.S. Food and Drug Administration's multipronged approach to assessing whether cannabidiol, commonly known as CBD, can be safely introduced into consumable products charts a path toward much-needed clarity, but the agency's upcoming hearing on the topic is unlikely to provide concrete guidance, say attorneys at Eversheds Sutherland.

  • Series

    Why I Became A Lawyer: Completing The Journey Home

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    My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

  • What Fed. Circ. False Ad Ruling Means For Section 337 Claims

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    Though the Federal Circuit's decision in Amarin v. U.S. International Trade Commission mandates careful drafting of Food, Drug and Cosmetics Act-related Section 337 claims under the Tariff Act, it arguably leaves the door open for creative litigants to raise claims for less common "unfair acts," say attorneys at Ropes & Gray.

  • Opinion

    High Court Got It Right On FCA Time Limits

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    Monday’s 9-0 decision in Cochise Consultancy v. U.S. showed again that the U.S. Supreme Court isn't easily tempted to undermine the central purpose of the False Claims Act — holding fraudsters accountable when they pick the public’s pocket, says Scott Oswald of The Employment Law Group.