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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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."
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."
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.
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.
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.
The U.S. Department of Health and Human Services accused Gilead Sciences Inc. on Wednesday of infringing four agency patents covering the use of HIV treatment medication to prevent infection, escalating a fight that has been brewing for months.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.