Life Sciences

  • March 05, 2021

    Another CBD Co. Gets Consumer Suit Halted Over FDA Delay

    A Colorado CBD company has at least temporarily stopped a proposed class action accusing it of selling illegal products after a federal judge stayed the case until the U.S. Food and Drug Administration or Congress puts forward regulations on the ingredient.

  • March 05, 2021

    Roundup Claimants Slam 'Frankenstein-ian' $2B Bayer Deal

    Hundreds of attorneys and several consumer and legal advocacy organizations on Friday joined dozens of putative class members in the Roundup product liability case in urging a California federal judge not to approve a proposed $2 billion deal to settle claims that the weedkiller causes cancer, saying the "anemic" settlement benefits Monsanto and its parent company Bayer AG more than sick plaintiffs.

  • March 05, 2021

    Walgreens Settles PAGA Off-Duty Break Suit For $6.8M

    A proposed class of pharmacy workers asked a California federal judge on Friday to preliminarily approve a $6.8 million settlement that would resolve accusations Walgreens violated the Private Attorneys General Act and other labor laws when it failed to provide meal and rest breaks for its workers.

  • March 05, 2021

    Opioid Litigation Is Prying Open Vaults Of Big Pharma Secrets

    In an unveiling with few historical parallels, major pharmaceutical corporations are poised to settle sweeping opioid litigation by agreeing to publicize millions of pages of internal documents illustrating how they marketed and sold narcotic painkillers amid a dire addiction epidemic, according to lawyers and court records.

  • March 05, 2021

    US Extends China Tariff Cuts On Virus Response Gear

    The Biden administration announced Friday that it is extending tariff waivers on Chinese face masks, gloves and cleaning supplies for another six months as it continues to combat the COVID-19 pandemic.

  • March 05, 2021

    Billionaire Frost, OPKO Execs Sued Over Leadership Diversity

    An OPKO Health shareholder hit the biotech company's top brass, including its billionaire chairman Phillip Frost, with a derivative lawsuit in Florida federal court on Friday for allegedly falling short on its commitments to diversify its leadership team.

  • March 05, 2021

    Health Hires: Mintz, Apria, DBV Technologies

    Mintz Levin Cohn Ferris Glovsky and Popeo PC has beefed up its health care bench with a hire from Nelson Hardiman LLP, while home medical equipment company Apria Inc. has named a new general counsel, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.

  • March 05, 2021

    Landmark NY Opioid Trial Delayed Amid Virus Concerns

    A major trial against opioid makers by New York's attorney general and local governments will not start at the end of March as planned, a judge ruled Friday, citing ongoing pandemic safety concerns.

  • March 04, 2021

    DOJ's 'Troubling' Theory Gains Walmart Allies In Opioid Case

    Business groups, a pro-business think tank and a drug store advocacy group have backed Walmart's attempt to torpedo the federal government's suit claiming the retail chain helped spur the nationwide opioid epidemic by failing to scrutinize suspicious prescriptions.

  • March 04, 2021

    FDA Tells Osteopath To Stop Marketing Fake COVID-19 Cures

    The U.S. Food and Drug Administration sent a warning letter on Thursday to an alternative medicine proponent with instructions to stop peddling unapproved Vitamin C supplements as treatments or cures for the novel coronavirus.

  • March 04, 2021

    Pot Co. Says Trade Group Has No Stake In Maine License Row

    A Maine cannabis company with ties to pot giant Acreage Holdings Inc. has urged a federal judge not to let a local marijuana trade group intervene in a suit regarding the state's residency requirement for medical cannabis licensees, saying the group has no cognizable interest in the case.

  • March 04, 2021

    FDA Seeks Win In Suit Over Compounded Drug Agreements

    The federal government is gunning to end a group of pharmacies' suit accusing the U.S. Food and Drug Administration of unlawfully issuing new regulations last October concerning compounded drug distribution, telling a D.C. federal court their case is not ripe for judicial review.

  • March 04, 2021

    Dust Spray Maker Can't Dodge Suit Over DUI Death

    The makers of a compressed gas cleaning spray must face the bulk of a suit over a woman's death in a collision involving another driver who allegedly inhaled the spray and became high, after a Minnesota federal judge clipped a public nuisance and deceptive trade practices claim, but allowed the rest of the suit to go forward.

  • March 04, 2021

    'Pharma Bro' Shkreli Hit With 1st Private Antitrust Suit

    Blue Cross and Blue Shield's Minnesota unit hit Martin Shkreli on Thursday with what appears to be the first proposed private antitrust class action against the incarcerated "pharma bro," following in the wake of a 2020 Federal Trade Commission case that made similar claims. 

  • March 04, 2021

    NH High Court Says Insurers Must Cover Workers' Medical Pot

    New Hampshire's state workers' compensation insurers must reimburse eligible patients for their prescribed medicinal marijuana treatments, the state's Supreme Court ruled this week.

  • March 04, 2021

    Teva Faces EU Antitrust Probe Over MS Drug Patent Strategy

    European enforcers are investigating Teva over concerns the pharmaceutical company delayed the emergence of generic competitors to its blockbuster multiple sclerosis drug Copaxone by misusing patent procedures and disparaging rivals.

  • March 04, 2021

    Germ-X Maker Beats Hand Sanitizer False Ad Suit, For Now

    A California federal judge Wednesday tossed a proposed class action alleging Germ-X maker Vi-Jon Inc. mislabeled its hand sanitizer, finding the consumer "only pled a conjectural and hypothetical injury" but left room to amend the complaint.

  • March 04, 2021

    Deals Rumor Mill: Robinhood, Flipkart, Permira

    Robinhood is expected to file for an IPO that could value the online trading app at $20 billion, Indian e-commerce giant Flipkart is considering a SPAC merger, and Permira has offered to buy a $3.7 billion medical device maker. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • March 04, 2021

    2 Firms Guide Amgen's $1.9B Deal For Cancer Drug Biz

    Amgen said Thursday it has reached a $1.9 billion deal to buy clinical-stage pharmaceutical group Five Prime Therapeutics and its leading gastric cancer drug candidate in an acquisition guided by Sullivan & Cromwell and Cooley.

  • March 04, 2021

    Emory Says Ex-Worker's 2 Discrimination Suits Split Claims

    Emory University asked a Georgia federal judge on Thursday to toss a sex discrimination suit brought by a male former employee, saying he's improperly claim splitting by pursuing the same argument in a separate federal action under the Americans with Disabilities Act.

  • March 04, 2021

    1st Circ. Says Abbott Doesn't Owe $1M Age Bias Verdict

    The First Circuit struck down a $1 million win for an Abbott Laboratories worker who accused the company of age bias, throwing out the bulk of her claims but sending a retaliation claim back to a lower court for a new trial.

  • March 03, 2021

    CEO In $150M Opioid Scheme Hit With 15-Year Sentence

    The former CEO of a health provider group was sentenced to 15 years in federal prison Wednesday for his role in a $150 million fraud scheme that involved the unnecessary prescription of opioids in Michigan and Ohio, according to the U.S. Department of Justice.

  • March 03, 2021

    Pharma Cos. Held In Contempt In Trade Secrets Case

    A Florida federal court has held U.S. Compounding Inc. and its parent, Adamis Pharmaceuticals Corp., in civil contempt for violating an injunction regarding trade secrets that Nephron Pharmaceuticals Corp. claims they misappropriated through two of its former employees, saying the injunction was clear and unambiguous and covers the alleged violations.

  • March 03, 2021

    Del. Justices Reverse GSK's $57M Lupus Drug Patent Loss

    The Delaware Supreme Court reversed a trial court decision Wednesday that put pharma giant GSK on the hook for $57 million in damages over its decision to halt royalty payments on a lupus drug, ruling there were no "gaps" in its agreement with a rival that prevented the move.

  • March 03, 2021

    Latham, Ropes Guide $1.07B Boston Scientific-Lumenis Deal

    Boston Scientific will pay $1.07 billion to buy the global surgical business of Israeli medical device company Lumenis, the companies said Wednesday, in a deal developed with help from Latham & Watkins and Ropes & Gray. 

Expert Analysis

  • How Drug Cos. Can Adapt To New Reference Pricing Rules

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    Considering the Trump administration's aggressive drug reference pricing rules, and more price control measures potentially on the horizon, drug and biotech companies should prepare a comprehensive readiness strategy tailored to country-specific considerations, says Meenakshi Datta at Sidley.

  • Declaratory Judgments Unavoidable For Biosimilar Applicants

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    Data from recent Biologics Price Competition and Innovation Act litigation suggests that a biosimilar applicant will inevitably face a declaratory judgment action irrespective of the amount and type of information it provides to the brand holder, say attorneys at Morgan Lewis.

  • Ethics Tips For Attorneys Telecommuting Across State Lines

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    Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

  • 6 Ways Legal Employers Can Help Pandemic-Weary Parents

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    Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

  • Health Cos. Can Reduce FCA Risk By Leveraging Data

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    The U.S. Department of Justice's increasing reliance on data analytics for False Claims Act investigations brings new urgency to how health industry participants can defensively deploy data to bolster compliance efforts, says Brenna Jenny at Sidley Austin and Mihran Yenikomshian and Paul Greenberg at Analysis Group.

  • Questions Loom About DOJ Dismissal Power In FCA Suits

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    The Second Circuit's recent decision to grant a U.S. Department of Justice motion to dismiss a False Claims Act suit, without weighing in on the standard for assessing the agency’s decision, illustrates a significant trend, given an increase in agency dismissals and the expected uptick in FCA cases amid the pandemic, say attorneys at Baker Botts.

  • 3 Degrees Of Legalization Show True Prevalence Of Cannabis

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    The three degrees of state marijuana legalization regimes throughout the U.S. show that cannabis is only fully illegal in three U.S. states and one territory — not 14 states as some counts indicate — and even in those places, there are stirrings of change, says Julie Werner-Simon at Drexel University's Thomas R. Kline School of Law.

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

  • EpiPen Ruling Could Embolden Private Anti-Kickback Claims

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    A Minnesota federal court's recent EpiPen decision, allowing private litigants to assert Anti-Kickback Statute violations, could expose companies to novel and aggressive AKS theories over which federal prosecutors have historically exercised discretion, say Allan Thoen and Callan Stein at Troutman Pepper.

  • Cos. Should Back Up Sensory Advertising Claims With Data

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    In order to ensure sense perception claims about products — such as assertions that a brand of contact lenses is more comfortable, or that the taste of a pasta sauce is preferred by consumers — are legally defensible against challenges from competitors, advertisers should substantiate them with hard data, say Barry Benjamin and Bryan Wolin at Kilpatrick.

  • What Biden's Ethics Pledge Means For Gov't Revolving Door

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    Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

  • Opinion

    Punishing Bar Exam Policies On Menstrual Products Must Go

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    Law graduates across the states are sitting for the grueling two-day bar exam this week despite menstruation-related barriers, such as inadequate menstrual product and bathroom access, which could be eradicated with simple policy tweaks, say law professors Elizabeth Cooper, Margaret Johnson and Marcy Karin.

  • Takeaways From DOJ Fraud Section's Pandemic Year

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    The U.S. Department of Justice's Criminal Division report on the Fraud Section's accomplishments in 2020 reveals impressive enforcement productivity, despite pandemic-related limitations, and we should expect to see a significant increase in prosecution later this year, say Kevin Muhlendorf and Holly Wilson at Wiley.

  • EPA Hazardous Pharma Waste Rule Has Wide Reach

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    The U.S. Environmental Protection Agency's soon-to-be-effective rule on hazardous waste pharmaceuticals may seem only relevant to health care entities, but its sweeping definitions could cover any business that dispenses over-the-counter medicines, say Andrew Stewart and Anushka Rahman at Sidley Austin and Renée van de Griend at Ramboll.

  • It's Time For Law Firms To Start Loving And Leveraging Data

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    The volume and diversity of data managed by law firms today — from client files to internal financial records — may seem daunting, but when properly organized, good data can help practitioners stay competitive by providing sharper insight into firm resources and cost of work, say Jaron Luttich and Barry Wiggins at Element Standard.

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