Life Sciences

  • October 15, 2021

    Opioid Inquiry Faults Arnold & Porter But Rejects Some Relief

    Arnold & Porter engaged in sanctionable conduct by failing to divulge key documents from Endo Pharmaceuticals before and during a New York opioid trial, but certain requests for harsh discipline aren't warranted, a retired judge wrote in a court-commissioned report released Friday.

  • October 15, 2021

    Endo Investors Ink $63M Deal In Generics Stock Inflation Suit

    Endo International and a class of investors told a Pennsylvania federal court Friday that they reached a $63.4 million settlement to resolve claims Endo inflated its stock price by hiking its generic drug prices in tandem with competitors and then lied to investors about how it had increased its profits.

  • October 15, 2021

    Teligent's Distributors Balk At Customer Risks In Ch. 11

    An unexpected lawsuit that emerged earlier this year from Insys Therapeutics Inc.'s bankruptcy case in Delaware raised concerns on Friday among Teligent Inc.'s largest pharmaceutical distributors that the bankrupt generic-drug manufacturer could put their customer programs at risk.

  • October 15, 2021

    Most Cancer Claims Survive In Suit Over Weight Loss Drug

    A Missouri federal judge has dismissed design defect claims against Arena Pharmaceuticals over its weight loss medication Belviq, but the drugmaker couldn't shake allegations that its negligence and inadequate warnings caused a woman's breast cancer.

  • October 15, 2021

    Theranos' Test Demo Hid Failures From Investors, Jury Told

    A former Theranos senior project manager testified in ex-Theranos CEO Elizabeth Holmes' criminal fraud trial Friday that he gave potential investors tours of the startup's headquarters and helped set up demonstrations using Theranos' blood-testing devices, which were, on at least one occasion, programmed to shield protocol failures.

  • October 15, 2021

    Zydus Infringed AstraZeneca's Diabetes Drug IP, Judge Rules

    A Delaware federal judge held Friday that Zydus Pharmaceuticals infringed an AstraZeneca patent for a diabetes drug, saying Zydus failed during a four-day bench trial to prove that any of the asserted claims were obvious.

  • October 15, 2021

    Skin Care Co. Ordered To Pay $2.3M For Copied Packaging

    A Florida federal judge has ordered a skin care company to pay a rival $2.3 million after a jury found the business ripped off copyrighted text and design elements for its anti-aging cream packaging.

  • October 15, 2021

    NY Counties Sound Alarm Over Doctor As Opioid Trial Witness

    Two Long Island counties on Thursday told the New York state judge overseeing the state's opioid trial they're concerned that Teva wants to call a county legislator and doctor facing criminal charges, saying they're skeptical he will be able to give any relevant testimony.

  • October 15, 2021

    Brand Battles: DC Comics Faces TM Fight Over 'The Flash'

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, "Batman" and "Superman" comic book publisher DC Comics is being challenged over its request to register "The Flash" as a trademark — plus three other cases you need to know about.

  • October 15, 2021

    Polo Star Wants Court To Block Sales Of Cloned Horse

    An Argentine polo star renewed his request Friday for a Florida federal court to block a Texas geneticist from cloning his horse and selling it, arguing that discovery has produced new information about the geneticist's plans to sell more clones.

  • October 15, 2021

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

    This past week in London has seen another Italian region in a lawsuit over derivatives contracts, the U.K.'s high-speed railway project facing a fresh legal challenge, and a British chain of discount retail stores suing Shoosmiths. Here, Law360 looks at those and other new claims in the U.K.

  • October 15, 2021

    Resistance To J&J's Bankruptcy Gambit May Be Futile

    Attorneys for talc plaintiffs with claims against Johnson & Johnson are determined to challenge the company's legally gray strategy of saddling a bankrupt subsidiary with its billions in talc liability, but experts say that battle will likely be an uphill one.

  • October 15, 2021

    DOJ Unveils 3 Settlements, $20M Neuro-Stimulator Fraud Suit

    The U.S. Attorney's Office for the Eastern District of Pennsylvania has announced three False Claims Act settlements worth a combined $1.35 million and a new complaint against a Kansas chiropractor and his company as part of a national investigation into schemes to improperly bill the U.S. government for electro-acupuncture devices.

  • October 15, 2021

    Nimbus, Bristol-Myers Can't Sell Psoriasis Drug Amid Dispute

    A New York federal court is blocking the sale of a psoriasis treatment under development by Nimbus Therapeutics LLC until after a dispute plays out with Bristol-Myers Squibb Co. over purchase rights for the drug candidate.

  • October 15, 2021

    Latham-Led Orthopedics Firm Leads 2 IPOs Totaling $165M

    Latham-led orthopedic implant maker Paragon 28 Inc. rallied in debut trading Friday after the medical device company priced a $125 million initial public offering, joined by cancer-focused biotechnology firm Mink Therapeutics Inc.'s $40 million IPO.

  • October 15, 2021

    UK Watchdog Probing Thermo Fisher's $21B PPD Deal

    The United Kingdom's Competition and Markets Authority announced on Friday that it's considering a probe of lab equipment company Thermo Fisher's $20.9 billion acquisition of pharmaceutical research organization PPD Inc.

  • October 15, 2021

    Nelson Mullins Adds 2 Morris Manning Health Care Attys

    Nelson Mullins Riley & Scarborough LLP has snagged two Morris Manning & Martin LLP health care regulatory attorneys for its Georgia office.

  • October 15, 2021

    Health Hires: Orrick, Sheppard Mullin

    Orrick Herrington & Sutcliffe LLP has added an attorney experienced in the health care and life sciences realm from Squire Patton Boggs LLP, while Sheppard Mullin Richter & Hampton LLP has boosted its health care industry team with an addition from Benesch Friedlander Coplan & Aronoff LLP, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.

  • October 15, 2021

    Goodwin Snags Another Litigator From Manatt In SoCal

    Goodwin Procter LLP nabbed another litigation partner from Manatt Phelps & Phillips LLP to join its Santa Monica office, continuing to bolster its West Coast litigation offerings.

  • October 15, 2021

    Convicted Insys Founder Seeks Deep Cut To Restitution

    The convicted founder of Insys Therapeutics Inc. on Thursday asked a Boston federal judge to cut $24 million from what he owes victims, saying the First Circuit's instructions after overturning the initial restitution sum requires a new number more closely tailored to the alleged fraud.

  • October 15, 2021

    Mallinckrodt Ch.11 Plan Under Fire From Multiple Angles

    The drugmaker Mallinckrodt is facing more than a dozen objections to its proposed reorganization plan as it heads for a confirmation hearing in a Delaware bankruptcy court in just over two weeks, on grounds ranging from liability releases to insurance claims to bond terms.

  • October 15, 2021

    FDA Panel Backs J&J COVID Booster For Ages 18 And Up

    A U.S. Food and Drug Administration advisory panel recommended Friday for the agency to approve emergency use of booster shots for Johnson & Johnson's COVID-19 vaccine for adults 18 years and older.

  • October 15, 2021

    DuPont, Others Must Face NJ Water Co.'s Pollution Suit

    A New Jersey federal judge won't let Corteva Inc., DuPont de Nemours Inc. and others escape a suit from Suez Water New Jersey Inc. alleging they allowed per- and polyfluoroalkyl substances, or PFAS, into the state's waterways, saying the utility has sufficiently alleged injuries resulting from contamination.

  • October 15, 2021

    Boehringer Loses Bad Faith Claim In Diabetes Drug Deal Suit

    A London judge has sided with Royalty Pharma in its €23 million ($26.6 million) claim against Boehringer Ingelheim International GmbH, finding the patent licensing company did not change the basis on which it can collect royalties in bad faith.

  • October 14, 2021

    Pharmacies Slam Cherokee Bid To Remand Opioid Claims

    Big pharmacy companies have urged an Oklahoma federal court not to grant the Cherokee Nation's bid to move its opioid suit against them to state court, arguing that a remand would disrupt multidistrict litigation claiming that the drug's makers, its distributors and pharmacies are responsible for the nationwide opioid epidemic.

Expert Analysis

  • Compliance Tips For Marketing Health Benefits In Alcohol

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    When it comes to marketing alcohol products around health benefits, such as vitamin-fortified hard seltzer, accurately understanding product classification, along with regulators' stance on individual beverage claims, will make it easier to avoid regulatory risk, say attorneys at DLA Piper.

  • 9th Circ. Chromium Ruling May Expand Water System Liability

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    The Ninth Circuit's recent opinion in California River Watch v. City of Vacaville, affirming a city's liability for trace amounts of chromium in drinking water, could increase risk for water providers that transport water found to contain molecules of solid waste — even if that water meets applicable regulatory limits, says David Fotouhi at Gibson Dunn.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • How Social Media, Mass Torts Affect Adverse Event Reports

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    Increases in mass tort litigation e-discovery and social media use are driving a surge in the amount of adverse event information received by manufacturers from the public about their drugs and medical devices, so companies must proactively consider how they will handle this data while remaining compliant with their reporting obligations, says Adam Pierson at DLA Piper.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • Predicting Fed. Circ. Rule 36 Affirmances In Patent Cases

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    A review of the timing between patent litigation oral argument and Rule 36 affirmances at the Federal Circuit, assessed across lower courts since 2013, reveals several trends practitioners can rely upon to predict whether their appeal will end in a Rule 36 judgment, say attorneys at Dechert.

  • Opinion

    Bankruptcy Venue Reform Bill Needs Amending

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    The Bankruptcy Venue Reform Act, currently pending in Congress, goes too far in limiting Chapter 11 filings to jurisdictions where a debtor's principal assets or headquarters are located; we propose a more targeted solution that considers the current reality of complex corporate structures, say Kenneth Rosen and Philip Gross at Lowenstein Sandler.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • Opinion

    Why Congress Should Pass Whistleblower Protection Law

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    It’s crucial that lawmakers enact the Whistleblower Protection Reform Act — which remedies the Dodd-Frank Act’s weak safeguards for those who report federal securities law violations — to ensure courageous tipsters continue to step forward when they spot wrongdoing, say Jason Zuckerman and Matthew Stock at Zuckerman Law.

  • 2 Cases Will Help Shape Opioid Litigation Insurance Coverage

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    Upcoming decisions from the Ohio and Delaware high courts in Acuity v. Masters Pharmaceutical and Rite Aid Corp. v. ACE American Insurance, respectively, on whether insurers must defend policyholders in prescription opioid litigation filed by government entities are sure to provide precedent for resolution of these coverage issues nationwide, say Courtney Horrigan and Kateri Persinger at Reed Smith.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • Opinion

    PTAB Revision Bill Offers US Makers Much-Needed Protection

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    A bipartisan Senate bill that would restore reliable access to patent validity review at the Patent Trial and Appeal Board, ensuring that rewards flow to innovators and protecting American manufacturers against the depredations of hedge funds, deserves Congress' support, says former USPTO acting director Joseph Matal, now at Haynes and Boone.

  • Protecting Attorney-Client Privilege In Human Rights Audits

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    As investors and customers increasingly demand corporate plans to address human rights concerns, multinational companies conducting audits and other due diligence should consider four practical steps to maximize the protections of attorney-client privilege while still fostering effective engagement with stakeholders, say Katherine Pappas and Virginia Newman at Miller & Chevalier.

  • Will Kanter Transform Cartel Enforcement?

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    The Biden administration is expected to take an assertive posture on cartel enforcement, but its agenda will hinge on Jonathan Kanter, its nominee to lead the U.S. Department of Justice's Antitrust Division, who is viewed as a transformational figure in antitrust policy as he heads to his Oct. 6 Senate confirmation hearing, say Richard Leveridge and Adam Farra at Gilbert.

  • Manufacturers Face Evolving COVID-19 Legal Challenges

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    Product manufacturers must adopt new strategies to defend against pandemic-related legal challenges, including discovery delays in health care litigation, novel consumer protection claims, aggressive government enforcement actions and supply chain disputes, says Stephanie Laws at Maslon.

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