Life Sciences

Expert Analysis

• A Potential New Fight Over FTC's 13(b) Authority

  

  On Friday, ​AdvoCare ​announced​ that an immediate change to its business model was its “only viable option​" and that ​it was​ “in confidential talks” with the F​ederal Trade Commission.​ ​​It seems likely that AdvoCare made the change in order to argue that the FTC does not have authority to bring this case against the company, says John Villafranco of Kelley Drye.

• Opinion

  IRS Should Use Tax Law To Combat The Opioid Epidemic

  

  The IRS, which enforces anti-trafficking tax laws against state-regulated cannabis businesses, should be fair and apply the same policy against pharmaceutical companies that illegally market their opioids, says Kat Allen at Wykowski Law.

• Opinion

  FTC Must Tackle Anti-Competitive Drug Rebate Practices

  

  The Federal Trade Commission is well-equipped to take action against the anti-competitive "rebate walls" that pharmaceutical manufacturers are structuring in order to block new innovative drugs from entering the market, says David Balto, a former policy director of the FTC's Bureau of Competition.

• Inside The New FCA Cooperation Credit Guidelines

  

  The recently issued U.S. Department of Justice cooperation credit guidelines provide False Claims Act litigators important information about factors the government considers before awarding cooperation credit or moving to intervene and dismiss a qui tam relator's suit, say attorneys at Cleary.

• Key Takeaways From Roundup Verdicts So Far

  

  On May 13, a California jury returned a $2 billion verdict against Monsanto in the third trial over allegations that its popular weedkiller Roundup causes cancer. The Roundup trials highlight the importance of issues including punitive damages, celebrity influence and the value of jury exercises, say attorneys at Wiley Rein.

• Q&A

  A Chat With Gilead Sciences Legal Ops Leader Gary Tully

  

  In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

• FDA Response To Cannabidiol Confusion Is Slow And Steady

  

  The U.S. Food and Drug Administration's multipronged approach to assessing whether cannabidiol, commonly known as CBD, can be safely introduced into consumable products charts a path toward much-needed clarity, but the agency's upcoming hearing on the topic is unlikely to provide concrete guidance, say attorneys at Eversheds Sutherland.

• Series

  Why I Became A Lawyer: Completing The Journey Home

  

  My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

• What Fed. Circ. False Ad Ruling Means For Section 337 Claims

  

  Though the Federal Circuit's decision in Amarin v. U.S. International Trade Commission mandates careful drafting of Food, Drug and Cosmetics Act-related Section 337 claims under the Tariff Act, it arguably leaves the door open for creative litigants to raise claims for less common "unfair acts," say attorneys at Ropes & Gray.

• Opinion

  High Court Got It Right On FCA Time Limits

  

  Monday’s 9-0 decision in Cochise Consultancy v. U.S. showed again that the U.S. Supreme Court isn't easily tempted to undermine the central purpose of the False Claims Act — holding fraudsters accountable when they pick the public’s pocket, says Scott Oswald of The Employment Law Group.