Life Sciences

  • August 26, 2016

    DaVita Seeks End To Dialysis Suit

    DaVita HealthCare Partners Inc. sought Friday to dismiss a man’s suit over his mother's death, more than a year after a proposed class action's lead plaintiff agreed to end claims that the kidney care company did not warn customers about the dangers of two dialysis products.

  • August 26, 2016

    Third-Party Payors Say GSK Skews Avandia Claims

    Third-party payors in a class action alleging GlaxoSmithKline LLC misrepresented the safety of its Avandia diabetes drugs told a Pennsylvania federal judge on Thursday that the pharmaceutical company is distorting what they’re actually claiming.

  • August 26, 2016

    Health Hires: K&L Gates, Pharma Trade Org, Tucker Ellis

    K&L Gates LLP has expanded its health care group with a new partner from Baker Donelson Bearman Caldwell & Berkowitz PC, the Philadelphia Drug Exchange has appointed new general counsel and Tucker Ellis LLP has opened a St. Louis office where attorneys will focus on product liability and medical device and pharmaceutical liability, among other areas.

  • August 26, 2016

    Theranos To Appeal Sanctions Over Lab Lapses

    Theranos Inc. announced on Thursday that it is appealing sanctions by the Centers for Medicare and Medicare Services over shoddy lab practices, hoping to spare CEO Elizabeth Holmes from a two-year ban.

  • August 26, 2016

    Deals Rumor Mill: Herbalife, Hurtigruten, China Vanke

    Carl Icahn could sell his roughly $1 billion stake in Herbalife to a group that includes rival Bill Ackman, numerous private equity firms have interest in buying Norwegian cruise operator Hurtigruten and real estate developer China Vanke hopes to buy an approximately $386 million Shanghai office tower from Carlyle.

  • August 26, 2016

    Alere Drags Abbott To Court In Bid To Force $5.8B Deal

    Massachusetts-based diagnostic service provider Alere Inc. filed suit against Abbott Laboratories on Thursday, asking Delaware’s Chancery Court to force through their proposed $5.8 billion tie-up, escalating a monthslong stalemate in which Abbott has expressed concerns with Alere’s business practices, controls and the merger in general.

  • August 26, 2016

    St. Jude Insists Cardiac Devices Are Safe From Cyberattacks

    St. Jude Medical Inc. clapped back Friday at investment and medical service researchers that alleged a number of the company’s heart devices will likely be pulled because of serious cybersecurity risks, saying the allegations are false and based on bad research.

  • August 26, 2016

    FDA Wants Blood Donations Tested For Zika Nationally

    The U.S. Food and Drug Administration on Friday called for all donated blood to be tested for the Zika virus, not just donations in areas where the virus has been active.

  • August 26, 2016

    Globus Investor Suit Lacked 'Factual Allegations,' Judge Says

    A Pennsylvania federal judge threw out a proposed securities fraud class action against medical device maker Globus Medical Inc. and four of its executives Thursday, finding the suit did not adequately allege that 2014 earnings projections fraudulently included revenue from a contract the defendants secretly planned to terminate.

  • August 26, 2016

    Aveo Promises Reforms In Cancer Drug Derivative Settlement

    Aveo Pharmaceuticals Inc.'s board has agreed to reform itself and the company's internal policies following an investor's derivative suit claiming it lied about the success of a clinical trial for a kidney cancer medication, according to a preliminary settlement submitted Thursday to a Massachusetts federal court.

  • August 26, 2016

    Taxation With Representation: Ropes, Cooley, Wachtell

    In this week’s Taxation with Representation, Pfizer announces a $14 billion deal for a biotechnology company, a Canadian retail giant drops $4.4 billion on CST Brands and Berry Plastics grows its North American presence with the purchase of a smaller rival.

  • August 26, 2016

    Exclusion Axes Anda's 'Pill Mill' Coverage, 11th Circ. Says

    The Eleventh Circuit on Friday affirmed a lower court's holding that two Travelers insurers don't have to defend Anda Inc. in West Virginia's lawsuit alleging that it contributed to a prescription drug abuse epidemic, finding that the insurer's policies clearly exclude coverage for claims tied to Anda's pharmaceuticals.

  • August 26, 2016

    FCA Attys Clash Over Escobar Test For Implicit Compliance

    False Claims Act attorneys are deeply split over a crucial section in the U.S. Supreme Court's Escobar ruling, debating whether its test of implicit statements about regulatory compliance is mandatory and how the test should be applied.

  • August 26, 2016

    Gilead, Emory Drop HIV Drug Generic Suit

    A New Jersey federal judge agreed Thursday to dismiss Gilead Sciences Inc. and Emory University's suit alleging Indian drugmaker Hetero Drugs Ltd. infringed four patents for HIV treatment Truvada by seeking U.S. Food and Drug Administration approval to make a generic of the drug.

  • August 25, 2016

    $3.5B Auspex-Teva Merger Challenge Axed By Chancery

    A Delaware Chancery Court threw out a complaint from shareholders challenging the $3.5 billion Auspex Pharmaceuticals Inc. all-cash merger with Teva Pharmaceuticals Industries Ltd., finding Thursday that the investors failed to show the deal was steered by self-interested Auspex officers.

  • August 25, 2016

    St. Jude Cardiac Devices Carry Cyberattack Risk, Report Says

    Investment and medical service researchers say a number of heart device maker St. Jude Medical Inc.'s products will likely be pulled off the market soon because of serious cybersecurity risks, according to a report published Thursday.

  • August 25, 2016

    FTC Wins Access To AndroGel Docs In AbbVie Antitrust Suit

    Pharmaceutical company AbbVie must hand over to the U.S. Federal Trade Commission a trove of various documents and presentation materials that it claimed were privileged in the FTC’s pay-for-delay suit over testosterone replacement treatment AndroGel because it failed to show attorney-client protections, a Pennsylvania federal judge ruled Thursday.

  • August 25, 2016

    PTAB Won't Let Broad Seek CRISPR Docs From Fenwick

    The Patent Trial and Appeal Board refused Wednesday to grant the Broad Institute Inc.'s request to take additional discovery to determine whether Fenwick & West LLP is conflicted in representing the University of California, Berkeley in a case over which school was the first to invent the breakthrough gene-editing technology known as CRISPR.

  • August 25, 2016

    Roxane Infringed Vanda's Antipsychotic Patent, Judge Rules

    Two of Vanda Pharmaceutical’s patents for its schizophrenia drug Fanapt are valid, and Roxane Laboratories Inc. violated one of them when attempting to make a generic, a Delaware federal judge ruled Thursday.

  • August 25, 2016

    Ill. AG Slams Insys Over Opioid Off-Label Marketing

    The Illinois attorney general filed suit against Insys Therapeutics Inc. in state court Thursday, accusing the company of deceptively marketing a spray version of the opioid fentanyl to doctors for off-label uses when the highly addictive and sometimes deadly drug is intended to provide pain relief for cancer patients.

Expert Analysis

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.

  • The Complexity Of Trademarks In The Marijuana Business

    Tanya Curcio

    Because marijuana is still classified as an illegal substance under the federal Controlled Substances Act, protecting trademarks for marijuana-related goods and services is complicated at best — and sometimes impossible, says Tanya Curcio of Vorys Sater Seymour and Pease LLP.

  • E-Textiles: Regulating The Future Of Fashion

    Lois F. Herzeca

    While smart textiles promise to make our lives easier, more connected and healthier, they inevitably raise concerns about efficacy, safety and security. Sizing up the future of fashion is Lois Herzeca, co-chair of Gibson Dunn & Crutcher LLP's fashion, retail and consumer products practice group.

  • 4 Reasons Law Firm Business Development Initiatives Fail

    Adam Donovan

    By understanding four common reasons why law firm business development initiatives fail, we can more accurately define success, avoid pitfalls, and improve return on investment, says Adam Donovan, senior manager of patent business strategy at Fish & Richardson PC.

  • FTC Alums: Retail Mergers Reflect New Approaches At FTC

    Joshua D. Wright

    The Federal Trade Commission is poised to take the next step — perhaps the most significant one in its century-long history — in the evolution of its approach to merger enforcement. This evolution is apparent in the context of retail markets, as illustrated by FTC decision-making and analysis in the recent Safeway and Family Dollar transactions, say former FTC Commissioner Joshua Wright and Theodore Serra of Wilson Sonsini Goodrich & Rosati PC.

  • Pay-For-Delay & Stock Prices: Smoking Gun Or Damp Squib?

    Paul Greenberg

    In their July 29 response to our Law360 article critiquing the stock-price approach to assessing reverse-payment settlements, advocates of the “smoking gun” viewpoint described our position as "incorrect in theory, empirically and legally.” We disagree with this sweeping assertion, say members of Analysis Group Inc.

  • From BigLaw To Your Own Firm: 4 Tips For Legal Startups

    Russell Shinsky

    Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.

  • FTC Alums: 5 Institutional Challenges For The FTC

    William E. Kovacic

    The five institutional challenges confronting the Federal Trade Commission deal with fundamental assumptions that guided the agency’s creation. These challenges are policy perennials and will face the agency regardless of who wins the 2016 presidential election, says former FTC Chairman William Kovacic, a professor at George Washington University Law School.

  • 4 Communications Fundamentals For High-Stakes Litigation

    Michael J. Gross

    The court of public opinion can mete out judgments as harsh as those rendered by a court of law, which is why communications professionals and attorneys should be working together to protect their clients’ reputation and advance their legal objectives as litigation proceeds, as well as when decisions or settlements are reached, say Michael Gross and Walter Montgomery at Finsbury.

  • Revolutionizing UK Product Recall Action?

    Alison Newstead

    Billed as “the U.K.’s first central register of electrical appliances,” a new recall database aims to address some of the most commonly reported shortcomings of the current recall system in the United Kingdom. Calls are also being made for swifter action by manufacturers to address safety issues, says Alison Newstead of Shook Hardy & Bacon LLP.