Life Sciences

Expert Analysis

• A Guide To FCA Cooperation Credit For Life Sciences Cos.

  

  Though the U.S. Department of Justice's guidelines on cooperation credit in False Claims Act matters fail to answer some key questions, they do describe how life sciences companies can cooperate without admitting liability — though companies may need to share information with the U.S. Food and Drug Administration as well, say attorneys at Ropes & Gray.

• How Purdue Opioid Win Could Bolster J&J In Okla. Trial

  

  North Dakota's consumer fraud and public nuisance claims against opioid manufacturer Purdue Pharma were recently dismissed by a state court. The decision provides a framework for opioid defendants to challenge similar allegations in other jurisdictions, and may prove timely for Johnson & Johnson in its current Oklahoma trial, says Cameron Turner of Segal McCambridge.

• 5 Ways Law Firms Can Improve Their Job Interviews

  

  When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

• State Net

  State Efforts To Rein In Drug Costs Have Mixed Success

  

  Reducing the soaring costs of commonly used prescription drugs has become a political priority in the nation’s statehouses. But thus far, states have done better at increasing transparency around drug pricing than at actually lowering prices, says Lou Cannon of State Net Capitol Journal.

• A Rare Antitrust Deferred Prosecution Agreement From DOJ

  

  The significant question raised by Heritage Pharmaceuticals' deferred prosecution agreement — the U.S. Department of Justice Antitrust Division's first DPA with a company other than a bank — is whether it signals a broader openness to such agreements by the division, say Peter Huston and Alex Bourelly at Baker Botts.

• Recreational Marijuana Legislation Is At A Standstill In NY

  

  Efforts to legalize recreational marijuana in New York have stalled due to lawmakers' disagreements over key issues, but despite this setback, eventual legalization seems to be inevitable, says Alissa Yohey of Spiritus Law.

• How To Streamline Virtual Law Team Mass Tort Defense

  

  A primary benefit of the virtual law team in mass tort litigation is creative collaboration. A "company case" approach is essential to breaking down the silos between team members, say attorneys at FaegreBD and Reed Smith.

• Saving Seaweed Via Maine Property Law

  

  The recent Maine Supreme Court decision Ross v. Acadian Seaplants serves as an example of looking to property law and land stewardship to counteract the "tragedy of the commons" that can arise when environmental resources — in this case, a type of seaweed — are publicly owned but not adequately regulated, says Gordon Smith of Verrill Dana.

• The SEC Is Cracking Down On Insider Trading By Lawyers

  

  A recent series of actions brought by the U.S. Securities and Exchange Commission suggests that insider trading by lawyers may be on the rise. Legal departments and law firms should understand the four types of cases the SEC is pursuing in this area, says Daniel Hawke of Arnold & Porter.

• Series

  Why I Became A Lawyer: A Fateful Phone Call

  

  When I was growing up, my mother was always the more mild-mannered parent. But during a trans-Atlantic phone call in 1991, when I told her I wanted to go to culinary school instead of law school, she started yelling — at a volume I had never heard from her, says Jason Brookner of Gray Reed.

• Insuring The Ever-Growing Cannabis Industry: Part 2

  

  By legalizing hemp, the Farm Bill has legitimized a portion of the cannabis space, but it has also created fertile ground for new liability exposures, which create significant opportunities for insurers to enter the cannabis market, say Jodi Green and Patricia Daza-Luu of Nicolaides Fink.

• Law Firms Can Do Better With Their Mentoring Programs

  

  There are a few practical, proactive steps law firms can take to create a mentoring program that pays dividends — instead of creating a mediocre program that both parties see as an obligation, says Kate Sheikh of Major Lindsey & Africa.

• Confidentiality: The New Employee Arbitration Battleground

  

  The National Labor Relations Board's decision that arbitration agreements may not lawfully require employees to keep arbitrations confidential is not precedential and is expected to receive further review from the NLRB. But it is still useful for understanding the impact of the U.S. Supreme Court's Epic Systems decision, say Jared Gardner and Danielle Ryman of Perkins Coie.

• IP's Developing Role In Cannabis Business Strategy

  

  Several recent cannabis-related legal developments suggest that properly secured, federally protected intellectual property is both available and enforceable for the industry, say attorneys at Sterne Kessler.

• The Latest Developments In Criminal Cases Against Execs

  

  This spring, there was some noteworthy news in white collar government investigations impacting executives, including the first successful prosecution in the opioid bribery scheme and the first criminal charges for failure to report under the Consumer Product Safety Act, say attorneys at Miller & Chevalier.