Life Sciences

HHS Drug Import Proposal Is Unlikely To Succeed

The U.S. Department of Health and Human Services' outline for allowing states to import drugs from Canada raises questions about the U.S. Food and Drug Administration's authority to implement the rule and may be an attempt to deflect blame for high drug prices to manufacturers, say attorneys at King & Spalding.

5 Key Issues Raised In Most CBD Product Class Actions

By becoming familiar with the most common problems raised in class actions against CBD products, cannabis suppliers and manufacturers can reduce risks associated with marketing, labeling and promoting their products, say Mark Goodman and Barry Thompson of Baker McKenzie.

How Associate Life Has Evolved Over The Past Decade

During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

What's Changed And What's The Same In Final CFIUS Rules

The U.S. Department of the Treasury’s final rules implementing the Foreign Investment Risk Review Modernization Act complete the revamp of the Committee on Foreign Investment in the United States, which will be more complex and better resourced to address evolving national security risks that arise in the context of foreign investments, say attorneys at Akin Gump.

Where The Fight Over FTC's Enforcement Authority Stands

A flurry of year-end activity, including three petitions before the U.S. Supreme Court and a spate of proposed legislation, requires a recap on the current status of the debate over the Federal Trade Commission's Section 13(b) authority to obtain permanent injunctions and restitution, say John Villafranco and Khoury DiPrima of Kelley Drye.

2nd Circ. Ruling Could Lower Bar For Insider Trading Charges

​​​​​​​The Second Circuit’s recent decision in U.S. v. Blaszczak potentially makes it easier to prosecute insider trading cases by ruling the government doesn't need to prove an insider received any personal benefit in exchange for sharing material, nonpublic information, say attorneys at Goodwin.

Gov't Initiatives May Boost Health Coverage For Genetic Tests

Recent initiatives by Congress and federal agencies may help expand insurance coverage for, and patient access to, genetic testing technologies that would allow more accurate diagnoses of rare diseases in the U.S. health care system, says Ethan Jorgensen-Earp of Holland & Knight.

What Pa. Employment Suit Means For Medical Cannabis Users

In allowing Palmiter v. Commonwealth Health Systems to proceed, a Pennsylvania state court joins a national trend to allow medical cannabis patients to proceed with unlawful termination claims based on off-site medical cannabis use, say Ruth Rauls and Matthew Smith of Saul Ewing.

OFAC's New Iran Sanctions May Not Signal Seismic Change

While President Donald Trump’s recent executive order expands the ability of the U.S. Office of Foreign Assets Control to sanction non-U.S. entities doing business with Iran, it remains to be seen whether OFAC will pursue aggressive enforcement of its strengthened secondary sanctions authority, say attorneys at Ropes & Gray.

Drug Pricing: What Happened In 2019, What To Watch In 2020

Last year saw a dizzying array of drug pricing actions and proposals from the White House, Congress and state governments, and this year the drug industry may face even greater pressure from groundbreaking changes to federal policy, among other developments, say Tom Bulleit and Scott Falin of Ropes & Gray.

2019 Trends In DOJ Civil Health Care Fraud Cases

Last year, the U.S. Department of Justice maintained aggressive enforcement efforts in the health care industry, again relying heavily on the False Claims Act, but the agency is also taking steps to guide those efforts toward fairness and consistency, say attorneys at Mintz.

Biosimilar Patent Litigation May Be On The Rise In 2020

With new biosimilar applications and patent infringement complaints on the horizon, 2020 may see a rebound in patent litigation under the Biologics Price Competition and Innovation Act following a decrease last year, say Joshua Whitehill and Michael Cottler of Goodwin.

Why Reformers Want Disclosure Of 3rd-Party MDL Funding

With third-party litigation funding increasingly being used to finance large and prolonged multidistrict litigations, more disclosure of funding agreements may be warranted to address potential biases and distortions of control and decision-making, say attorneys at Duane Morris.

The Evolving Legality Of Lesser-Known Cannabis Compounds

As products using cannabigerol and cannabinol — cannabis compounds that are less well-known than THC and CBD — become more popular, understanding the legal differences under existing food and drug laws is crucial for companies marketing such products, says Ian Stewart of Wilson Elser.

Series

Judging A Book: Dyk Reviews 'Democracy And Equality'

In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.