Life Sciences

  • September 25, 2020

    Direct Listings Highlight Busy IPO Week Involving 12 Firms

    Twelve law firms will guide the market debuts of at least eight companies during the week of Sept. 28, steering a notable lineup that includes two venture-backed technology businesses opting for direct listings instead of traditional initial public offerings.

  • September 25, 2020

    Dems Call To Investigate DOD's CARES Act Spending

    Two more Democratic lawmakers Friday joined a growing list of politicians calling to investigate U.S. Department of Defense spending, following reports that the department redirected most of a $1 billion CARES Act appropriation meant to respond to the COVID-19 pandemic to non-emergency contractors instead.

  • September 25, 2020

    Principia Investor Sues For Records On $3.7B Sanofi Deal

    A Principia Biopharma investor filed suit Friday in Delaware Chancery Court for access to records on the company's pending $3.7 billion sale to Sanofi, saying he wants to investigate whether the transaction was fueled by "selfish desires" of certain Principia directors.

  • September 25, 2020

    ViSalus Pushes For Trial Redo In $925M Robocall Dispute

    Health supplement maker ViSalus is arguing that a lack of uniformity in the types of calls consumers received and whether they consented to this contact should prompt an Oregon federal judge to order a new trial in a long-running robocall dispute, while the lead plaintiff wants to start distributing the $925 million awarded after the original jury trial to class members. 

  • September 25, 2020

    NJ's The Place For Eye Damage MDL, Patients Say

    Lawsuits alleging Johnson & Johnson's pharmaceutical unit concealed a harmful side effect of bladder cyst medicine Elmiron should be heard in New Jersey federal court due to the number of cases already filed there, a group of patients told the Judicial Panel on Multidistrict Litigation Friday.

  • September 25, 2020

    Mass. AG Says Firm Took Kickbacks To Refer Opioid Patients

    A Massachusetts law firm was sued by the commonwealth, accusing it of accepting more than $90,000 in kickbacks in exchange for referring clients to a mail-order pharmacy that dispensed thousands of opioid prescriptions.

  • September 25, 2020

    Minority Atty Group Awards Genentech For Diversity Efforts

    The Minority Corporate Counsel Association announced Friday that American biotech company Genentech, which is part of the multinational Roche Group, is its 2020 Employer of Choice, citing the company's use of data to hold leaders accountable for meeting diversity and inclusion goals.

  • September 25, 2020

    Care.com Escapes Investors' Background Check Suit

    A Massachusetts federal judge on Friday tossed a proposed class action that alleged home care referral website Care.com and its executives led investors to believe it did background checks on care providers, ruling the company didn't say it would vet every caregiver on its website.

  • September 25, 2020

    Merck Urges Justices To Save Historic $2.5B Patent Verdict

    A Merck & Co. unit has asked the U.S. Supreme Court to answer key questions related to whether a hepatitis C treatment patent is invalid in hopes of reviving a $2.54 billion infringement verdict against Gilead — the largest in the nation's history.

  • September 25, 2020

    Gov't Contractors Agree To Pay $900K After Race Bias Probes

    A semiconductor distributor and disease test maker will collectively shell out $900,000 after the federal government contractor watchdog determined they had turned away droves of applicants because of their race, the U.S. Department of Labor said Thursday.

  • September 25, 2020

    Investor Sues $2.6B Allergy Drug Maker Over Nestle Deal

    An investor in a $2.6 billion biopharmaceutical company that's making the first federally approved peanut allergy treatment for children alleged that the company left out key financial information in disclosures surrounding its planned sale to Nestle, contending in a New York federal court complaint that the omission makes it impossible for shareholders to properly weigh the deal.

  • September 25, 2020

    Medical Science Co. Wants Hiscox To Foot False Ad Defense

    A medical science company said Hiscox Inc. breached its insurance contract by not defending it against a suit from Georgia's attorney general alleging the company made more than $6.4 million from its fraudulent stem cell injection products.

  • September 25, 2020

    SEC Says Biotech Boss Conned Investors Over COVID-19 Test

    The U.S. Securities and Exchange Commission filed suit in California federal court Friday against a top executive of biotechnology company Arrayit Corp. who it says conned investors into believing the company had developed a COVID-19 test and misled them about the status of financial reports.

  • September 25, 2020

    Ohio Medical Pot Co. Demands Action On Expansion Request

    An Ohio medical marijuana cultivator has sued a state cannabis regulator for taking no action on its expansion application, saying the agency is "punting" on the issue despite a pronounced shortage of marijuana in the Buckeye State.

  • September 25, 2020

    Shareholders Must Cover Successors' Costs In Aspirin Suit

    A New Jersey state appeals court said Friday that onetime majority shareholders of Cispharma Inc. were still on the hook for more than $250,000 for their successors' costs in a suit alleging the business made defective aspirin.

  • September 25, 2020

    Pot Retailer Ignored Routine Sexual Harassment, EEOC Says

    A Maryland medical marijuana dispensary ignored serial sexual harassment by a former manager and failed to investigate complaints about his lewd comments and inappropriate touching for more than a year, the U.S Equal Employment Opportunity Commission said.

  • September 25, 2020

    UK Litigation Roundup: Here's What You Missed In London

    This week in London saw Deutsche Bank sue the Italian city of Naples over derivatives, Nationwide Building Society sue law firm Manches, and institutional investors file two new cases against supermarket chain Tesco. Here, Law360 looks at those and other new claims in the U.K.

  • September 24, 2020

    FDA OKs Import Of Some Prescription Drugs From Canada

    The U.S. Food and Drug Administration announced a final rule Thursday that would allow states, tribes, pharmacists and wholesalers to import certain prescription drugs from Canada, following through on an executive order signed by President Donald Trump in July.

  • September 24, 2020

    3 Highlights As Trump Makes Flimsy Vow On ACA Protections

    President Donald Trump on Thursday delivered a seemingly toothless promise to shield Americans with preexisting conditions, issued an ultimatum on legislation to curb surprise medical billing and unexpectedly announced he's mailing tens of millions of $200 drug discount cards just before the election.

  • September 24, 2020

    Pot Co. Says NJ Rival Can't Jump Line For Hoboken Spot

    Cannabis company Terrapin is accusing competitor Harmony Foundation of bypassing New Jersey's vetting process to open a medical marijuana dispensary in Hoboken, asking a court to revoke Harmony's application or force the company to be evaluated.

  • September 24, 2020

    Appeal 'Overlap' Preserves Akebia Kidney Drug Coverage Suit

    A Massachusetts federal judge on Thursday rejected the federal government's bid to toss Akebia Therapeutics Inc.'s suit challenging the Centers for Medicare & Medicaid Services' exclusion of its kidney disease drug under Medicare Part D for certain uses, saying she would wait for a First Circuit appeal to play out before deciding the suit's fate.

  • September 24, 2020

    Nevada Regulator Seeks 10-Year Ban For Pot Co.

    A Nevada dispensary is facing the revocation of its cannabis license and a 10-year ban from the industry after the state's cannabis regulator issued a complaint alleging the company lied to authorities about destroying some of its product.

  • September 24, 2020

    J&J, Bausch Look To Finally Flush Talc False Ad Suit

    Johnson & Johnson and Bausch Health US LLC are asking a California federal judge to throw out for the last time claims that they hid the asbestos content of their talc powder products, saying the suit still relies on claims that the judge had previously dismissed with prejudice.

  • September 24, 2020

    Patients Say Suit Over Faulty Embryo Tank Not Too Verbose

    Fertility patients alleging faulty storage tanks made by Chart Industries caused them to lose their genetic material slammed a bid by the company to dismiss their complaint in California federal court as too verbose and confusing, saying the 15-page document is instead clear, concise and to the point.

  • September 24, 2020

    MLB Union Slams Opposing Counsel's Ethics In Sanctions Bid

    A Major League Baseball Players Association attorney slammed opposing counsel for an ex-pitcher-turned health supplement salesman in a recently dismissed unfair competition suit against the league and union, telling a California federal judge during a sanctions hearing Thursday that "sometimes lawyers have to say no" to a client's request.

Expert Analysis

  • A Likely Tipping Point For Nonlawyer Ownership Of Law Firms

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    The Arizona Supreme Court's recent decision to eliminate prohibitions on nonlawyer ownership of law firms may show that the organized bar's long-standing rhetoric that such rules are essential to protecting the legal profession's core values is overblown, say Anthony Sebok at Cardozo School of Law and Bradley Wendel at Cornell Law School.

  • The Challenges Facing Trump's Drug Pricing Order

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    President Donald Trump's executive order on international reference pricing for Medicare drugs is likely to either languish in Congress or die in court, but more modest drug pricing reform measures may be viable in the coming year, say attorneys at Ropes & Gray.

  • Beware DOJ's Statutory Tool For Fighting COVID-19 Fraud

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    Companies engaged in commerce related to COVID-19 or that have received Paycheck Protection Program funding should familiarize themselves with a fraud statute, under which the U.S. Department of Justice has been successful in obtaining injunctions even before defendants are charged with a crime, say attorneys at V&E.

  • DOJ Support Of SEP Injunctions Should Stabilize Licensing

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    The U.S. Department of Justice's recent letter to the Institute of Electrical and Electronics Engineers, which explicitly supports standard-essential patent owners in their pursuit of injunctive relief and favors a diminished role for antitrust enforcement in intellectual property disputes, bodes well for rebalancing the licensing market, say attorneys at Mintz.

  • A Road Map For Drafting Persuasive Discovery Motions

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    Best practices that can help litigators write convincing discovery motions include thinking about the audience, addressing a few key questions, and leaving out boilerplate from supporting briefs, says Tom Connally at Hogan Lovells.

  • How Congress Can Depoliticize The Supreme Court

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    Congress has multiple means to take the politics out of federal judicial nominations and restore the independence of the U.S. Supreme Court — three of which can be implemented without a constitutional amendment, says Franklin Amanat at DiCello Levitt.

  • 5 Ways Retailers Can Mitigate Product Liability Litigation Risk

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    While courts sometimes hold retailers liable for injuries caused by products they sold but did not manufacture — as a California appeals court did recently in Bolger v. Amazon — retailers can implement a number of strategies to reduce product liability litigation risk, say Alexandra Cunningham and Elizabeth Reese at Hunton.

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • Trump's Drug Pricing Order Is More Bark Than Bite

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    President Donald Trump's new executive order addressing pricing for drugs covered by Medicare Parts B and D glosses over enormous difficulties in restructuring Medicare operations and is unlikely to lead to any imminent changes, say attorneys at Debevoise.

  • Key Regulatory Concerns For Cos. Making COVID-19 Products

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    Recent enforcement actions by federal agencies against businesses making products intended to protect against COVID-19 highlight why companies must understand which regulators they are answerable to, and what standards they must follow when producing, advertising, labeling and selling their goods, say attorneys at Crowell & Moring.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • How Pharma Cos. Can Evaluate Alliance Agreements' Validity

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    Alliance agreements can help pharmaceutical companies collaborate and resolve patent infringement disputes, especially during these uncertain pandemic times, but may draw questions concerning legitimacy if not properly vetted, say Louis Berneman at Texelerate, and Alan White and Anne Catherine Faye at Analysis Group.

  • Fed. Circ. Constraints On PTAB Expertise Are Problematic

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    The recent Patent Trial and Appeal Board ruling in Velasco Diez v. McAllister illustrates the problem with a Federal Circuit precedent holding that the board cannot apply its technical expertise as a substitute for expert witnesses, and it offers an invitation to gamesmanship, say Charles Gholz and Daniel Pereira at Oblon McClelland.

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