Life Sciences

  • July 30, 2021

    Pa. Health Network Says Virus Losses Covered By Policy

    American Guarantee and Liability Insurance Co. has not provided a reasonable explanation for why it refused a Pennsylvania-based health network's claims for COVID-19-related losses under its $1 billion insurance policy, Allegheny Health Network has alleged in a lawsuit.

  • July 30, 2021

    J&J Wins Ill. Talc Cancer Trial Despite Contempt Finding

    An Illinois state court jury sided with Johnson & Johnson on Friday following a trial over claims that its talc products caused a woman's fatal ovarian cancer, unfazed by the company being found in contempt for failing to produce a witness.

  • July 30, 2021

    Inovio Investors Move For Cert. In COVID-19 Vaccine Suit

    A class of investors moved for certification Thursday in their suit against biotechnology firm Inovio Pharmaceuticals Inc. and a cohort of company executives alleging that they misled the public about a coronavirus vaccine they purported to have in the works.

  • July 30, 2021

    6th Circ. Backs Mich. Cannabis Co. Owner's 15-Year Sentence

    The Sixth Circuit on Friday shot down a Michigan marijuana dispensary owner's bid to overturn his convictions for conspiracy and nine federal marijuana-related offenses, as well as his sentence of over 15 years in prison, finding that he was not in compliance with the state's medical marijuana law.

  • July 30, 2021

    Anthem Sued Over Alleged Refusal To Cover Spinal Device

    A patient has argued in a proposed class action in California federal court that Anthem Inc. abandoned its duties under ERISA by refusing to cover a device that treats degenerative spinal conditions.

  • July 30, 2021

    FTC Drops AndroGel Antitrust Case Against AbbVie

    The Federal Trade Commission is dropping its long-running case accusing AbbVie of illegally delaying generic versions of the testosterone treatment AndroGel, saying Friday the case shows enforcers need new legislation to help them recover money for consumers.

  • July 30, 2021

    McKesson Wants Prescription Data In Cherokee Opioid Case

    Pharmaceutical distributor McKesson Corp. asked an Oklahoma federal judge for an order compelling state officials to fork over prescription drug monitoring program data, saying the information is critical to its defense in a bellwether opioid suit filed by the Cherokee Nation.

  • July 30, 2021

    Illinois Hospitals' Merger Would Stifle Competition, Suit Says

    Outpatient surgical center Marion HealthCare LLC filed suit in Illinois federal court Thursday to block Southern Illinois Hospital Services’ proposed merger with a nearby hospital, arguing it would eliminate competition and contribute to rising costs for patients.

  • July 30, 2021

    Australian Judge Makes Bold Patent Leap For AI Inventions

    An Australian federal judge on Friday became the first jurist in the world to rule that inventions developed by artificial intelligence can qualify for patent protection, a decision that splits with how courts in the U.K. and U.S. have handled the issue.

  • July 30, 2021

    Ashby & Geddes' Appeal In Del. Bankruptcy Fee Row Tossed

    A Delaware federal judge denied Ashby & Geddes PA's bid to force a lender to fund a roughly $980,000 carve-out reserve to pay professional fees in the now-closed bankruptcy case of life sciences company NeuroproteXeon Inc.

  • July 30, 2021

    Texas Pharmacist's FCA Suit Against Walgreens Thrown Out

    A Texas federal judge has dismissed a pharmacist's False Claims Act suit against Walgreens alleging the company submitted claims to Medicaid and Medicare for medications that were never prescribed, holding she failed to show the actions were fraud "rather than innocent mistake, negligence or regulatory violation."

  • July 30, 2021

    Health Hires: Polsinelli, Buchalter, Allen & Overy

    Polsinelli PC has snapped up a new shareholder from Kaufman Borgeest & Ryan LLP in New York City, Buchalter PC has beefed up its health care practice in San Diego, and Allen & Overy LLP has added an intellectual property pro from Wiggin and Dana LLP, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.

  • July 30, 2021

    Biggest Merger Review Developments Of 2021 So Far

    The year started off with two high-profile deals abandoned in the face of pressure from U.S. enforcers determined to stop so-called killer acquisitions. Now, antitrust practitioners are waiting for decisions on a number of pending merger challenges. Here, Law360 looks at the major developments so far in 2021 as the new administration gears up for a busy second half.

  • July 30, 2021

    Court Sets Terms For Pfizer Damages Over Axed Lyrica IP

    The money the National Health Service and generic drug companies can claim back from Pfizer over an invalidated epilepsy drug patent should be assessed based on how much money they would have made if subsidiary Warner-Lambert had not threatened any infringement proceedings, a judge ruled Friday in London. 

  • July 29, 2021

    Imerys Ch. 11 Tort Group Delays J&J Talc Claim Spinoff Fight

    Attorneys for alleged talc injury victims on Thursday agreed to postpone an immediate fight over a temporary restraining order barring Johnson & Johnson from spinning off talc liabilities into a bankruptcy-eligible new company, after a Delaware judge questioned the urgency.

  • July 29, 2021

    McKinsey Opioid MDL Has A Need For Speed, Judge Says

    A California federal judge fired a proverbial starting pistol Thursday in multidistrict litigation over consulting giant McKinsey & Co.'s alleged role in the opioid crisis, telling attorneys at the MDL's first hearing to lace up their "track shoes" and expect swift rulings on pivotal threshold issues.

  • July 29, 2021

    IP Forecast: Fed. Circ. To Mull Narcan Patents

    Emergent BioSolutions' grip on its blockbuster opioid overdose medication Narcan is at stake in a patent case that reaches the Federal Circuit on Monday. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • July 29, 2021

    Regeneron Investor Sues Execs, Alleging Kickback Scheme

    Regeneron leadership was hit with a derivative shareholder suit over claims the company's former and current executives and board members reaped over $650 million in sales of stock whose value was inflated by a purported kickback scheme tied to a vision-loss drug. 

  • July 29, 2021

    Purdue Pharma Gets OK For $22M Worker Bonus Program

    A New York bankruptcy judge Thursday gave Purdue Pharma the go-ahead to pay up to $22.1 million in retention bonuses to midlevel workers, rejecting calls to delay the decision until after next month's Chapter 11 plan confirmation hearing.

  • July 29, 2021

    11th Circ. Tosses Ala. Dental Board's SmileDirect Appeal

    An Eleventh Circuit panel rejected an appeal from members of the Alabama dental board on Thursday, applying a standard set by a recent en banc ruling by the court in a similar case involving Georgia's dentistry board that determined the regulators aren't entitled to an early appeal.

  • July 29, 2021

    Deals Rumor Mill: Baxter International, Didi Global, Nanosys

    Baxter International could buy $8 billion health care technology company Hill-Rom, Didi Global is weighing a go-private deal to appease Chinese regulators just one month after hitting the U.S. public markets, and Nanosys is mulling a SPAC merger. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • July 29, 2021

    Novartis Cancer Drug Suits Too Few To Centralize, JPML Told

    Novartis Pharmaceuticals Inc. told the Judicial Panel on Multidistrict Litigation on Thursday that suits alleging its blood cancer drug Tasigna causes cardiovascular disease should not be consolidated, since the company believes it is unlikely that significantly more suits will be filed in federal court.

  • July 29, 2021

    Senate Panel OKs Antitrust Package Aimed At Drug Pricing

    The U.S. Senate Judiciary Committee passed a slew of bills Thursday that would increase the Federal Trade Commission's ability to crack down on a variety of anti-competitive practices that lawmakers say have driven up drug prices for years, sending the legislation to the floor for a vote.

  • July 29, 2021

    WTO Sees Trade Rebound Hinging On Vaccine Rollout

    The World Trade Organization on Thursday applauded its members for showing "restraint" in maintaining trade restrictions during the COVID-19 pandemic, but stressed that a full economic recovery will only come if vaccines can be evenly distributed across the globe.

  • July 29, 2021

    Biden Admin. Agrees To Crack Down On Upwind Air Pollution

    The Biden administration on Thursday agreed to conduct long-neglected reviews of how certain states' pollution plans affect their downwind neighbors, after New York and other East Coast states claimed the delays are forcing millions of people to breathe dirty air.

Expert Analysis

  • A Potential Shift In Antitrust Deferred Prosecution Agreements

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    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?

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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