Life Sciences

  • June 29, 2022

    The State Of Abortion Legal Challenges Around The US

    Since the U.S. Supreme Court reversed Roe v. Wade last week with its landmark decision in Dobbs v. Jackson Women’s Health Organization, restrictive state abortion bans have seen a wave of legal challenges. Here’s what’s happened in courthouses across the U.S. post-Dobbs.

  • June 29, 2022

    Ohio Abortion Clinics Turn To State High Court After Dobbs

    Abortion clinics on Wednesday asked Ohio's highest court to declare that a law in effect that bans most abortions violates the state's constitution, a legal strategy they see as a new path forward following the U.S. Supreme Court's decision to overturn Roe v. Wade.

  • June 28, 2022

    Texas AG Investigates Walmart's Opioid Sales Practices

    Texas Attorney General Ken Paxton on Tuesday said his office is investigating Walmart for potential violations of the state's Deceptive Trade Practices Act in the retail giant's sales of prescription opioids.

  • June 28, 2022

    High Court's CSA Decree Augurs Opioid Upheaval For DOJ

    The U.S. Supreme Court's demand for a rock-solid showing of intentional impropriety when federal opioid prosecutors target pills-for-profits schemes under the Controlled Substances Act will send the U.S. Department of Justice scrambling to salvage its less sensational suits, attorneys say.

  • June 28, 2022

    Flint Jury To Hear From Ex-Gov. After Court Quashes Charges

    A Flint jury will hear recorded testimony from former Michigan Gov. Rick Snyder on Wednesday in a civil trial over the Flint water crisis, following the Michigan Supreme Court overturning indictments against three state officials Tuesday.

  • June 28, 2022

    6th Circ. Lifts Block On Tenn. Abortion Restriction

    The Sixth Circuit gave Tennessee the green light Tuesday to enforce a law that bars abortions after six weeks, citing the U.S. Supreme Court's recent decision that overturned Roe v. Wade.

  • June 28, 2022

    USPTO Issues Report On Patent Eligibility Comments

    The U.S. Patent and Trademark Office issued a report to Congress Tuesday highlighting public comments the agency received on the state of patent subject matter eligibility law, with commenters across the spectrum agreeing that it needs to be consistent, clear and predictable.

  • June 28, 2022

    Becerra Says 'All Options Are On The Table' After Dobbs

    U.S. Health and Human Services Secretary Xavier Becerra said Tuesday that the agency will do everything it can within the confines of federal law to ensure that women continue to have access to safe abortion care after the U.S. Supreme Court erased the constitutional right to it.

  • June 28, 2022

    Chancery Urged To Consider Firms' Bid To Lead Ionis Suit

    An Ionis Pharmaceuticals Inc. investor is urging a Delaware vice chancellor to consider his bid to consolidate two suits and have his counsel lead litigation filed over allegedly excessive company director pay, arguing that the request should be considered even though a settlement is already pending in one of the suits.

  • June 28, 2022

    Warby Parker Escapes 1-800 Contacts' Search Engine TM Row

    A New York federal judge has cleared eyewear provider Warby Parker of claims it infringed 1-800 Contacts' trademarks with allegedly targeted search engine advertisements, ruling that reasonably sophisticated consumers can tell the difference between the rivals' distinct marks.

  • June 28, 2022

    Alcon Eye-Drop Patents Survive Invalidity Appeal

    A London appeals court on Tuesday upheld Alcon's patent for eye drops used to treat glaucoma, rejecting a generic-drug maker's argument that the intellectual property was obvious given earlier publications.

  • June 28, 2022

    Texas Judge Freezes Enforcement Of Pre-Roe Abortion Ban

    A Texas judge on Tuesday temporarily blocked the state from enforcing a nearly century-old ban on abortion that was deemed unconstitutional in the now-overturned Roe v. Wade decision.

  • June 27, 2022

    As Opioid Trial Ends, Judge Jokes Of 'Generous' Time Limits

    A San Francisco federal judge who put strict time limits on a bellwether bench trial in multidistrict opioid litigation noted Monday that both sides wrapped up their cases within their allotted 45 hours, prompting him to wonder to courtroom chuckles if he "was just too generous."

  • June 27, 2022

    Opioid Distributors Cut $250M Deal With Holdout Okla. AG

    McKesson, Cardinal and AmerisourceBergen have agreed to pay $250 million to resolve Oklahoma Attorney General John O'Connor's claims the opioid distributors fueled the Sooner State's opioid crisis — months after O'Connor rejected a nationwide deal that he claimed would have short-changed Oklahomans, according to a statement Monday from O'Connor.

  • June 27, 2022

    Balwani's Trial Features Tears, Tension And Holmes' Shadow

    On the heels of ex-Theranos CEO Elizabeth Holmes' high-profile trial and conviction, former Theranos executive Ramesh "Sunny" Balwani's criminal fraud trial has had its own memorable moments, from contentious exchanges between defense counsel and the judge to emotional witness testimony.

  • June 27, 2022

    Cannabis Bill Roundup: NJ Sen. Eyes Legalizing Hallucinogen

    A leading New Jersey state senator has introduced a new bill to legalize the hallucinogen psilocybin for adults 21 and over, while lawmakers pitched bills on Capitol Hill to help cannabis companies access capital and veterans use medicinal marijuana. Here are the major legislative moves in cannabis and drug reform from the past week.

  • June 27, 2022

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court drew a step closer last week to filling an empty seat on the bench, a debt maven fought for control of a cosmetics company, and new cases came in involving cryptocurrency, building products, business software, and of course, private equity. Here's your weekly roundup of news from Delaware's Chancery Court.

  • June 27, 2022

    Ditching Live Testimony For Declarations Is Risky, Attys Say

    U.S. courts should move cautiously before embracing written statements at bench trials in lieu of live direct examination testimony, lawyers tell Law360, cautioning that their recent use in a high-stakes opioid trial doesn't mean the practice — which is standard in the U.K. — should be widely adopted at home.

  • June 27, 2022

    Humana Wants To Add Federal Antitrust Claims To Zetia Case

    Humana Inc. asked a Virginia federal court for permission to add claims under federal antitrust law to its case accusing Merck and Glenmark of scheming to delay generic forms of the cholesterol drug Zetia.

  • June 27, 2022

    Trade Secret Suit Over Anesthetic's Cocaine Ingredient Settled

    A drugmaker producing a cocaine-based anesthetic and the pharmaceutical company it sued for allegedly misappropriating trade secrets related to the safety of its pharmaceutical-grade cocaine hydrochloride have together asked a Pennsylvania federal judge to dismiss the case.

  • June 27, 2022

    Supreme Court Won't Review Vascepa Patent Case

    The U.S. Supreme Court won't review a Federal Circuit decision that shut down a challenge to a lower court's order invalidating six patents on Amarin's blockbuster heart drug Vascepa, handing a loss to a group made up largely of the company's shareholders.

  • June 27, 2022

    Nomad Health Raises $105M To Grow Traveling Jobs Program

    Nomad Health, a marketplace for temporary health care jobs, announced Monday that it plans to expand, steered by Pillsbury Winthrop Shaw Pittman LLP, to new specialties after raising $105 million with joint fundraising efforts by Adams Street Partners and Icon Ventures.

  • June 27, 2022

    Utah, Louisiana Abortion Bans Blocked, For Now

    Abortion remained legal in Louisiana and Utah on Monday after state court judges granted temporary restraining orders against bans on the procedure that took effect in the two states immediately after the U.S. Supreme Court overturned Roe v. Wade.

  • June 27, 2022

    High Court Won't Hear $87M Monsanto Roundup Appeal

    The U.S. Supreme Court on Monday declined to review an $87 million verdict awarded to a couple who claimed that Monsanto's Roundup weedkiller caused their blood cancer, the second time in a week that the high court has rebuffed the Bayer AG unit's appeals over the herbicide.

  • June 27, 2022

    Justices Won't Hear Anthem, Express Scripts Drug Price Fight

    The U.S. Supreme Court refused Monday to take up insurance policyholders' challenge to the dismissal of their suit accusing Anthem Inc. and its pharmacy benefit manager Express Scripts Inc. of violating federal benefits laws by overcharging for prescriptions.

Expert Analysis

  • 2nd Circ. Ruling Highlights ERISA Determination Deadlines

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    As seen in the Second Circuit’s recent McQuillin v. Hartford decision, the deadlines for deciding Employee Retirement Income Security Act claims and appeals have teeth, and there are consequences when a plan administrator fails to comply, says Mark DeBofsky at DeBofsky Sherman.

  • Recent Trade Secret Cases Show Sentencing Disparities

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    Sentencing disparities in U.S. trade secret cases have surfaced in recent years, and legal practitioners should know that courts have found that the intended loss does not necessarily equal the cost of development of stolen trade secrets or the defendant's intended gain from misappropriation, says Steven Lee at Lewis Brisbois.

  • Opinion

    Justices Should Resolve FCA Cases' Rule 9(b) Circuit Split

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    The U.S. Supreme Court should agree to hear three related False Claims Act cases and resolve the circuit split over the level of detail Rule 9(b) requires in qui tam complaints, or the viability of such actions will increasingly depend on where they are filed, say Kenneth Abell and Katherine Kulkarni at Abell Eskew.

  • Beware Arbitration Clauses That May Bar Inter Partes Review

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    Recent decisions show that the Federal Circuit and district courts are moving toward recognizing that standard arbitration clauses can bar inter partes review at the Patent Trial and Appeal Board, a new landscape that will require careful consideration for parties negotiating patent-related contracts, say attorneys at Ropes & Gray.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • The Case For Company-Directed Offensive ESG Litigation

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    Rather than treat environmental, social and governance litigation as a source of liability, there is a serious benefit for companies and their lawyers to evaluate and pursue offensive ESG litigation, says Bob Koneck at Woodsford.

  • The Unique Nature Of COVID-Era Patent Procurement Trends

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    Data shows the COVID-19 pandemic is affecting patent procurement differently than past financial crises, with newly filed applications slowing in number while pending applications are maintained and not abandoned, say Michael Sartori and Sarah Hassan at Baker Botts.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • Potential Next Steps For DOJ's COVID-19 Fraud Enforcement

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    Although the U.S. Department of Justice's COVID-19 fraud enforcement has so far focused on individuals and entities blatantly abusing pandemic assistance funds, health care and life sciences companies should assess their compliance programs as the DOJ will likely turn to larger-dollar activity at the organization level soon, say attorneys at Morgan Lewis.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • Why Medical Product Cos. Must Watch Dobbs Decision

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    The U.S Supreme Court's pending Dobbs v. Jackson Women's Health decision, which may reverse Roe v. Wade, could cause a broad range of medical product companies to become targets for civil or even criminal litigation, says Eric Alexander at Reed Smith.

  • Opinion

    It's Time For USPTO To Abandon The NHK-Fintiv Practice

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    Intended as a streamlined alternative to overcomplex litigation, the U.S. Patent and Trademark Office's NHK-Fintiv practice at the Patent Trial and Appeal Board is an expensive waste of time, and the agency should undo this mistake, says Jonathan Stroud at Unified Patents.

  • CBD Cos. Must Beware COVID Claims Amid Gov't Scrutiny

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    In light of the latest batch of warning letters issued jointly by the U.S. Food and Drug Administration and Federal Trade Commission, CBD companies should ensure their websites and social media do not make misrepresentations about their products’ ability to treat or prevent COVID-19, says Michelle Bodian at Vicente Sederberg.

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