Life Sciences

A Potential Shift In Antitrust Deferred Prosecution Agreements

The U.S. Department of Justice's deferred prosecution agreement with Argos suggests that the Antitrust Division may be changing its approach to evaluating compliance policies, placing less emphasis on a program's adequacy at the time of the offense, say attorneys at McDermott.

Will You Be Ready If Your Class Action Goes To Trial?

Despite conventional wisdom, class actions sometimes do go to trial — as TransUnion v. Ramirez, decided last month by the U.S. Supreme Court, illustrates — so attorneys must prepare by studying past class action trials, focusing on how the courts and lawyers approached procedural and evidentiary questions, says Ross Weiner at Risk Settlements.

Tide Is Turning Against FCA Case Dismissals

The U.S. Supreme Court’s recent decision not to resolve a circuit split over the proper standard for deciding government motions to dismiss whistleblower suits is a Pyrrhic victory for potential defendants, given bipartisan pressure in the Senate and from the White House to reign in such dismissals, say attorneys at McGuireWoods.

Law Firms, Know Who's Responsible For Your Cloud Security

Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

Benefits For Law Firms Venturing Into New Services

By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

Why Bypass Continuation Is Best For Nat'l Phase Patent Entry

In view of statistics revealing multiple advantages to bypass continuation filings for U.S. national phase examination of Patent Cooperation Treaty applications — including higher issuance rates, lower restriction rates and delayed fee payment — applicants should consider altering their filing strategies, says Karam Saab at Kilpatrick Townsend.

New FTC Mergers Approach Raises Risks For Buyers, Sellers

In rescinding a 1995 policy statement last week, the Federal Trade Commission likely seeks to more regularly impose "prior approval" obligations for future transactions in its merger cases, which changes the risk profile for buyers and sellers negotiating antitrust provisions in deal agreements, say Jon Dubrow and Noah Feldman Greene at McDermott.

Series

Embracing ESG: Exelon GC Talks Diversity Initiatives

Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

Rebuttal

FCA Relator Pursuit Of DOJ's Declined Cases Is Vital

While a recent Law360 guest article suggests that the U.S. Department of Justice consider dismissing all False Claims Act cases it declines, that policy would undermine the FCA's broad remedial purpose of empowering private citizens to combat fraud against the government, say Jacklyn DeMar at Taxpayers Against Fraud Education Fund and Renée Brooker at Tycko & Zavareei.

Anticipating The FDA's Shift Away From Emergency Approvals

As the U.S. Food and Drug Administration gradually emerges from the pandemic-caused reliance on emergency use authorizations for a variety of medical devices and treatments, companies must prepare for costly and time-consuming processes and increased regulatory scrutiny as they seek ordinary course approvals, say attorneys at Pillsbury.

Revamping Law Firm Marketing Lists — With Partner Buy-In

Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

The Murky World Of Legal Rankings Gets Some Clarity In NJ

New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

FDA Q2 Warning Letters Show Agency Enforcement Priorities

A review of the U.S. Food and Drug Administration's warning letter activity from the second quarter of this year indicates that companies marketing products in three particular areas must remain especially vigilant if they wish to avoid federal enforcement actions, says Katie Insogna at DLA Piper.

Series

Embracing ESG: Cigna Counsel Talks Employee Wellness

Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

Hybrid Work Models Are Key To Gender Parity In Law Firms

To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.