Life Sciences

  • July 02, 2020

    Portola Says Stock Drop Was 'Reversal Of Fortune,' Not Fraud

    Portola Pharmaceuticals pushed a California federal judge to toss a proposed class action accusing the company of misstating the actual market value of its blood coagulant, Andexxa, arguing there is no evidence it misled its shareholders.

  • July 02, 2020

    GSK Takes Avandia Marketing Battle To Supreme Court

    GlaxoSmithKline is asking the U.S. Supreme Court to upend a Third Circuit ruling in a case over the marketing of the diabetes medication Avandia, saying the appeals court had taken an "impossibly capricious view" of the drug company's duty to provide information to regulators.

  • July 02, 2020

    J&J Investors Seek Cert. In Asbestos Stock-Drop Suit

    A proposed class of Johnson & Johnson investors asked a New Jersey federal judge Wednesday to certify it in a lawsuit alleging the company artificially inflated stock prices by hiding that its baby powder products were filled with cancer-causing asbestos.

  • July 02, 2020

    As Courts Punt CBD Class Actions, Attys Wait For FDA To Act

    A string of federal courts have paused consumer class actions against CBD companies until the U.S. Food and Drug Administration issues long-anticipated rules governing the products, but litigants say the regulations, once finalized, are unlikely to resolve any of the issues raised by the cases.

  • July 02, 2020

    Entrepreneur Who Gave Tips On Dad's Pharma Co. Gets Year

    A Manhattan federal judge sentenced entrepreneur Telemaque Lavidas on Thursday to a year and a day in prison for insider trading, after a jury convicted him of passing secrets to a trader friend about Ariad Pharmaceuticals, where his father sat on the board.

  • July 02, 2020

    Top Delaware Cases Of 2020: A Midyear Report

    Despite the pandemic, the first half of 2020 saw epic judicial gear-shifting but no real slowdown in Delaware's key business courts, with new Chancery Court complaints actually picking up and important corporate and commercial law decisions regularly emerging from remotely conducted proceedings.

  • July 02, 2020

    Top New Jersey Cases Of 2020: A Midyear Report

    New Jersey attorneys made possible a host of significant achievements in the first half of 2020 as the state maintained its place as the second-hardest-hit by COVID-19 and shuttered courtrooms forced most proceedings to be held via telephone or Zoom. 

  • July 02, 2020

    Biotech Firms Drive IPO Rebound While 'Unicorns' Gear Up

    The initial public offering market ended midyear on a roll and appears poised for a strong second half of 2020, powered by a robust biotechnology sector and potential debuts from venture-backed technology "unicorns" — barring more pandemic-related setbacks.

  • July 02, 2020

    Gov't Contracts Of The Month: Vaccine, Radars, Submarines

    While the federal government continued to pour funding into the development of a coronavirus vaccine, it also awarded multibillion dollar contracts to Raytheon for surveillance radars and General Dynamics for ballistic missile submarines in June. Here are Law360's top picks for government contracts awarded for the month, along with details about a $50 billion IT contract for small businesses on the horizon.

  • July 02, 2020

    Alexion Pharmaceuticals To Pay SEC $21M Over FCPA Claims

    Alexion Pharmaceuticals will shell out almost $21.5 million to settle U.S. Securities and Exchange Commission claims that two Alexion subsidiaries bribed Russian and Turkish officials to secure preferential treatment for its blood disorder drug, Soliris, the SEC said Thursday.

  • July 01, 2020

    Novartis To Pay $729M To End 2 FCA Kickback Accusations

    Novartis Pharmaceuticals Corp. has agreed to pay more than $729 million to end two separate sets of allegations from the U.S. Department of Justice that it violated the False Claims Act through companywide kickback schemes to pump up prescriptions, the agency said Wednesday.

  • July 01, 2020

    Insys Execs Can't Dodge Prison During Appeal, Seek Delay

    The First Circuit said Wednesday that Insys Therapeutics Inc. founder John Kapoor and other former executives can't dodge prison while they appeal convictions on charges of scheming to bribe doctors to prescribe the company's fentanyl spray, but they're asking the trial court to put off their prison surrender date.

  • July 01, 2020

    Cook Chastises Firm For 'No-Injury' Vein Filter Bellwether

    Cook Medical Inc. told an Indiana federal judge on Tuesday that a national injury law firm has filed a host of "no-injury" cases, including the bellwether in the multidistrict litigation over allegedly defective vein filters.

  • July 01, 2020

    Akorn Gets Del. Ch. 11 Disclosure OK As Plan Fight Looms

    Bankrupt pharmaceutical company Akorn Inc. secured Delaware court approval Wednesday for its Chapter 11 disclosure, while also receiving a preview of coming dissents over its more than $1 billion case and sale ambitions.

  • July 01, 2020

    Fed. Circ. Keeps Sandoz's Enbrel Biosimilar Off The Market

    Amgen Inc. on Wednesday fended off competition to its top-selling biologic Enbrel, when the Federal Circuit rejected Sandoz Inc.'s arguments that two patents are invalid for double-patenting.

  • July 01, 2020

    Agendia Pays $8.25M In FCA Suit Over Delayed Cancer Tests

    The California molecular diagnostics testing company Agendia agreed Wednesday to pay the U.S. Department of Justice $8.25 million to settle a whistleblower's False Claims Act lawsuit alleging that it intentionally delayed breast cancer screening tests as part of a nationwide, multiyear Medicare billing fraud scheme.

  • July 01, 2020

    Fed. Circ., Judge Nix CardioNet Heart Monitor Patent Claims

    CardioNet's heart monitor patent cases against two different companies were dealt blows Wednesday by both the Federal Circuit, which invalidated three of the patents under Alice, and a Massachusetts federal judge, who axed infringement allegations on another patent for being filed too late.

  • July 01, 2020

    Abbott Labs Tries To Shake ERISA Cybersecurity Suit

    Abbott Laboratories wants an Illinois federal judge to toss a former employee's suit claiming the company and its retirement plan record-keeper allowed an imposter to steal $245,000 from her retirement account, arguing that the pharmaceutical giant wasn't responsible for the theft.

  • July 01, 2020

    Gannett Hit With $500M Libel Suit Over Antibody Test Story

    Vivera Pharmaceuticals Inc. has hit Gannett, several executives and four USA Today reporters with a defamation lawsuit in California federal court, alleging it has suffered over $500 million in damages because of a story that criticized its COVID-19 antibody tests and detailed its CEO's past troubles with the U.S. Food and Drug Administration.

  • July 01, 2020

    Sandoz Dodges Sanctions Bid In Antitrust Dispute

    A New Jersey federal judge has rebuffed biopharmaceutical company United Therapeutics and infusion pump maker Smiths Medical's bid to impose sanctions on Sandoz and its marketing firm in an antitrust dispute, ruling that they attempted to correct their accidental filing of an unredacted document that revealed trade secrets.

  • July 01, 2020

    Bausch Not Covered For Allergan Case, Insurers Say

    Insurers for Bausch Health Cos. asked a New Jersey federal judge Wednesday to find that they don't have to pay the pharmaceutical company's costs to defend and settle class-action suits it faced over an alleged insider trading scheme connected to a failed takeover of Allergan, contending the suits are not covered "securities claims."

  • July 01, 2020

    Portola Investor Wants Docs About $1.4B Alexion Deal

    A Portola Pharmaceuticals investor filed a lawsuit Tuesday in Delaware Chancery Court seeking records from the biotech company to probe possible wrongdoing related to its proposed $1.4 billion purchase by Alexion Pharmaceuticals, asserting Portola's directors seemed driven to sell by "COVID-19 pandemic-driven fear."

  • July 01, 2020

    Annexon Raises $100M To Push Autoimmune, Brain Therapies

    Clinical-stage biopharmaceutical company Annexon said Wednesday it raised $100 million from private backers to advance its pipeline of potential therapies for autoimmune, brain and eye disorders.

  • July 01, 2020

    Indivior Wants 3rd Circ. To Undo Suboxone Class Cert.

    Indivior Inc. implored the Third Circuit to undo certification of a class action accusing the company of delaying generic competition of its opioid addiction drug Suboxone, arguing Wednesday that certification was improperly based on an overarching antitrust theory, rather than on individually evaluated claims.

  • July 01, 2020

    Skadden-Led SPAC Prices $125M IPO To Fund Biotech Buy

    Special purpose acquisition company Panacea Acquisition Corp. debuted in public markets Wednesday after completing a $125 million initial public offering intended to fund a biotechnology acquisition, guided by Skadden Arps Slate Meagher & Flom LLP and underwriters counsel Greenberg Traurig LLP.

Expert Analysis

  • Don't Count On PREP Act To Defend Pandemic IP Infringement

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    The U.S. Department of Health and Human Services' recent guidance, the rise in pandemic-related intellectual property lawsuits, and constitutional considerations suggest that parties cannot rely with certainty on the Public Readiness and Emergency Preparedness Act to protect against infringement claims, say attorneys at Gibson Dunn.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • Indirect Purchaser Antitrust Standing Heads In New Direction

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    The applicability of the U.S. Supreme Court's 1983 Associated General Contractors indirect purchaser price-fixing decision to antitrust standing under state law continues to evolve, with some decisions that may portend diminished application, say Chris Micheletti and James Dugan at Zelle.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • Why FDA's Proposed Food Standard Principles Are Important

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    Food manufacturers should carefully consider the U.S. Food and Drug Administration's proposed general principles for creating, modifying and eliminating food standards, because they may complicate branding and advertising efforts for facsimiles of well-known foods, say attorneys at Wilson Sonsini.

  • Key Defense Approaches To 'Other Similar Incident' Evidence

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    A New York state court's recent ruling in Marshall v. Port Authority of New York and New Jersey shows that, while product liability plaintiffs seek to use so-called other similar incident evidence to argue that manufacturers know their products are unsafe, defense counsel can successfully challenge such evidence, says Timothy Freeman at Tanenbaum Keale.

  • Trade Groups Face Antitrust Questions In Pandemic Response

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    Three recent business review letters from the U.S. Department of Justice's Antitrust Division provide some guidance to trade associations and professional societies in assisting members with coronavirus-related issues without violating antitrust laws, say Steven Fellman and Richard Bar at GKG Law.

  • IP Risks To Consider When Joining 'Open COVID Pledge'

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    While the sharing of intellectual property through initiatives like the Open COVID Pledge is essential for the rapid development of a cure for COVID-19, there are certain precautionary measures that IP owners and potential licensees should undertake in order to avoid future controversies and legal battles, say Gunjan Agarwal and Chipo Jolibois at Fox Rothschild.

  • Mass. Court Deadline Tolling Will Cause Problems For Years

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    While Massachusetts' 106-day tolling period for all civil statutes of limitations ends Tuesday, the pandemic-related pause will complicate calculation of limitations periods and have ripple effects in many jurisdictions for years to come, says Christian Stephens at Eckert Seamans.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • High Court's SEC Enforcement Ruling Has Tax Consequences

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    In light of the U.S. Supreme Court's recent decision in Liu v. Securities and Exchange Commission, taxpayers whose pre-Tax Cuts and Jobs Act disgorgement deductions were rejected should consider contesting the Internal Revenue Service's determination, say attorneys at Chamberlain Hrdlicka.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • A New Antitrust Approach After Humira 'Patent Thicket' Ruling

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    In light of an Illinois federal court's recent holding that AbbVie's Humira "patent thicket" did not violate antitrust laws, parties concerned with the potential anti-competitive conduct of a biologic reference product sponsor should focus on conduct and look beyond patent obtainment, says Kevin Nelson at Schiff Hardin.

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

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