Life Sciences

Expert Analysis

• Rebuttal

  Jury Trials, Though In Decline, Are Well Worth Preserving

  

  In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

• A Broader View Of The US Supreme Court Bar

  

  During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

• Inside DOJ's Recent Charitable Copay Foundation Settlements

  

  On April 4, the U.S. Department of Justice announced three settlements of False Claims Act cases, offering a glimpse into the ways the DOJ believes pharmaceutical companies have used charitable copay foundations to cover copays of government health program beneficiaries, circumvent anti-kickback laws and artificially bolster high drug prices, say attorneys with Skadden.

• New USPTO Guidance May Help Diagnostics Patents

  

  While Federal Circuit decisions have created a patenting barrier for diagnostics and personalized medicine claims, the U.S. Patent and Trademark Office's revised patent subject matter eligibility guidance may allow for these patents to make a comeback, say attorneys with Morris Manning.

• In Virtual Teams For Mass Torts, The 'Law Team' Is Critical

  

  A critical component of any virtual law team assembled for mass tort litigation is a dedicated "law team," which tackles the legal strategy and drafts the many necessary pleadings, motions and other submissions, say attorneys at Pepper Hamilton and Faegre.

• Takeaways From DOJ Action Against Telemedicine Fraud

  

  Recently unsealed indictments from the U.S. Department of Justice make clear that telemedicine will continue to be an enforcement focus at a time when telemedicine is expanding, and should remind providers to focus on compliance obligations, say Edgar Bueno and Matthew Wilmot of Morris Manning.

• Answers To AI Patent Questions May Be Found In Biotech

  

  In patenting innovations involving artificial intelligence, there is uncertainty on issues like inventorship, adequacy of disclosure, assessment of nonobviousness, and patent eligibility. The field of biotechnology once faced similar challenges, say Enrica Bruno and Brian Cash of Steinfl & Bruno.

• 5 Tips For Lawyers Entering The Cannabis Industry

  

  As the cannabis industry continues to grow, it will need more legal professionals to help navigate the turbulent business landscape, but lawyers should understand the industry's unique limitations and characteristics before diving in, says Sabas Carrillo of consulting firm Adnant.

• Opinion

  Jury Trials Are In Decline For Good Reason

  

  A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.

• Genetic Testing Is On FTC's Radar

  

  Recent Federal Trade Commission blog posts suggest potentially increased interest in the genetic testing arena, and the vague recommendations they offer may give the FTC broad latitude from an enforcement perspective, say attorneys at Moses & Singer.