Life Sciences

  • October 21, 2016

    Fla. Pharmacy Owner To Settle Tricare Fraud Charges For $4M

    The part owner of a Florida pharmacy has agreed to pay $4.25 million to settle prosecutors' claims he knowingly billed certain federal health care programs for services that were not eligible for reimbursement.

  • October 21, 2016

    Health Hires: Crowell & Moring, Goodwin, Faegre

    Crowell & Moring LLP has added an Employee Retirement Income Security Act and Affordable Care Act partner in its corporate, health care, tax and labor and employment groups. Goodwin Procter LLP grew its life sciences practices through a partner from U.S. Food and Drug Administration boutique Kleinfeld Kaplan & Becker LLP, and a UnitedHealth Group attorney has joined Faegre Baker Daniels’ insurance and health practices.

  • October 21, 2016

    6 Firms To Steer 7 IPOs Totaling $2.6B Led By Blockbuster

    Six firms will guide seven initial public offerings totaling about $2.6 billion during an expectedly busy week of Oct. 24, anchored by potentially the year's largest IPO, plus a private equity-backed golf equipment company, four technology and life science firms, and a blank check issuer.

  • October 21, 2016

    Canadian Justices Urged To Nix 'Promise Doctrine' In IP Row

    The Intellectual Property Owners Association recently stepped into a Canada Supreme Court dispute over an AstraZeneca Canada Inc. patent that was asserted against Apotex Inc. but nixed under the controversial "promise doctrine," urging the court to abolish the doctrine from Canadian IP law.

  • October 21, 2016

    McDermott Gains Transactional Partner From Locke Lord

    A former longtime Locke Lord LLP partner specializing in corporate and transactional matters for technology and life sciences companies in cross-border situations has joined McDermott Will & Emery LLP as a partner in its Boston office, the firm has said.

  • October 21, 2016

    Medical Co. Never Bought Duty To Defend, Insurer Says

    Twin City Fire Insurance Co. urged a California federal judge not to grant summary judgment to policyholder Braden Partners LP in a coverage suit over an underlying whistleblower False Claims Act suit, saying Braden never bought duty-to-defend coverage and can’t be reimbursed for $3 million.

  • October 21, 2016

    Drugmaker Takes Flanax Trademark Case To Supreme Court

    A small drugmaker is heading to the Supreme Court to challenge a Fourth Circuit ruling that Bayer AG could file a trademark lawsuit over a foreign brand name that it had never used in the U.S. market.

  • October 21, 2016

    Vitamin Buyers Seek Class Cert. In 'Made In USA' Suit

    Consumers alleging vitamin maker NBTY Inc. misleadingly touted its products as containing wholly domestically sourced ingredients asked a Florida federal judge to certify their proposed class on Thursday, saying the vitamin maker deceived thousands of customers in multiple states with its made-in-America label.

  • October 20, 2016

    J&J Talcum Powder Users Dying Of Ovarian Cancer, Atty Says

    An attorney representing some of the 317 litigants suing Johnson & Johnson in California state court over alleged ovarian cancer risks associated with talcum powder urged the overseeing judge on Thursday to expedite depositions of his clients, telling the court that two had already died of the disease.

  • October 20, 2016

    High Court Denies Consumers Cert. In P&G Fixodent MDL

    The U.S. Supreme Court has declined to hear a case against Procter & Gamble Co. and Wal-Mart Stores Inc. brought by consumers claiming that zinc in Fixodent denture glue can cause neurological damage.

  • October 20, 2016

    CVS To Pay $600,000 To Settle Controlled Substance Claims

    CVS Pharmacy Inc. will pay $600,000 to settle federal prosecutors’ claims the retailer violated the Controlled Substances Act by failing to file certain paper prescription records properly at stores in Connecticut, the U.S. Department of Justice said Thursday.

  • October 20, 2016

    Judge Aghast At Iowa Brothers’ Defiance In NuScience IP Row

    A California judge who once ordered Hustler’s Larry Flynt gagged for courtroom obscenities said Thursday that in his 50 years on the bench he’s never “seen anything” like the contempt two brothers in a trade secrets battle with NuScience Corp. have shown for court orders.

  • October 20, 2016

    Judge Splits FTC's Endo Case, Scoffs At Transfer Threat

    A Pennsylvania federal judge on Thursday split the Federal Trade Commission’s suit accusing Endo and other drug companies of illegally delaying Opana ER and Lidoderm generics and challenged the government to follow through with its “cavalier” threat to refile the suits in other districts, saying he’d consider holding it on the hook for fees.

  • October 20, 2016

    Pot Fertilizer Co. Says Denver Weed Chain Threatened TM Suit

    A Delaware company that sells products for growing cannabis filed a preemptive lawsuit Thursday after a Colorado marijuana dispensary with a similar name threatened the company with trademark litigation.

  • October 20, 2016

    GSK, Teva Urge High Court To Review Pay-For-Delay Accords

    GlaxoSmithKline and Teva urged the U.S. Supreme Court on Wednesday to review their challenge of a Third Circuit decision allowing a pay-for-delay case over the seizure drug Lamictal to move forward, saying the U.S. Solicitor General’s recent recommendation that the high court deny review was flawed.

  • October 20, 2016

    Pipe Maker, Biotech Price IPOs Raising $439M

    Private equity-backed pipe manufacturer Forterra priced an initial public offering that raised $331.6 million on Wednesday, with guidance from Gibson Dunn, the same day venture capital-backed medical device company iRhythm Technologies priced a $107 million IPO, led by Wilson Sonsini Goodrich & Rosati PC.

  • October 20, 2016

    Merck Tells Justices Only Public Sales Trigger On-Sale Bar

    Merck and Bayer have asked the U.S. Supreme Court to rule that only public sales of a product before a patent application is filed render a patent invalid under the on-sale bar, arguing that the Federal Circuit has wrongly held for years that even secret sales trigger the bar.

  • October 20, 2016

    Judge Defends Jury But Carves $2M From Mesh Verdict

    A Georgia federal judge on Thursday halved a $4 million punitive damages verdict against a Johnson & Johnson unit in a defective pelvish mesh lawsuit, but waxed philosophical about J&J attorneys' attempts to undermine a diligent jury's verdict.

  • October 20, 2016

    Ex-NJ Prosecutor Joins Epstein Becker's Health Group

    A former New Jersey federal prosecutor, who prosecuted the largest cash-for-referral bribery scheme in U.S. history, has joined Epstein Becker Green’s health care and life sciences practice as a member of the firm in New York.

  • October 20, 2016

    Fed. Circ. Says It Can't Review PTAB Decision To Ax Review

    The Federal Circuit on Thursday found that the Patent Trial and Appeal Board's decision to nix the review of two Robert Bosch Healthcare Systems Inc. patient monitoring patents cannot be appealed under the U.S. Supreme Court’s recent Cuozzo ruling.

Expert Analysis

  • Court Shows No Love for Aphrodisiac Class Certification

    Stephen McConnell

    The U.S. District Court for the Southern District of California recently blocked plaintiffs' efforts in Sandoval v. Pharmacare to certify a nationwide class of disappointed users of an herbal supplement. Lack of standing is the key issue in this case, says Stephen McConnell of Reed Smith LLP.

  • When Your Client Is The President


    I went to the law books, where I discovered the crime of “obstruction of justice,” and realized I was right in the middle of a criminal conspiracy. I didn't fully understand my conduct during Watergate until — decades later — I learned about the psychology of cover-up at work, says John Dean, who served as White House counsel for President Richard Nixon.

  • Trial Pros’ Secret To Courtroom Success

     Jamin S. Soderstrom

    Somewhat surprisingly, very few of the dozens of "trial pros" who have been interviewed by Law360 have revealed the secret to effective trial preparation that is vital to their success. But ultimately, the “secret” to effective trial preparation is not actually a secret, says Jamin Soderstrom of Soderstrom Law PC.

  • Prosecuted For Truthful Off-Label Promotion: Part 2

    Eric Alexander

    According to the government's recent argument in U.S. v. Facteau, a completely accurate and enlightening statement about the risks, benefits and off-label nature of a particular use for a medical device proposed by a physician can be evidence of the device maker's intent to market it for a use different than what the U.S. Food and Drug Administration cleared, says Eric L. Alexander of Reed Smith LLP.

  • Are Your Witnesses Watered Down?


    Look at any deposition of any witness and within a few moments you will see them reach for the water glass, bottle, carafe or pitcher and quaff with seemingly unquenchable thirst. What could possibly be wrong with that? As a trial consultant for over three decades, I am going to tell you, says Dr. Ross Laguzza of R&D Strategic Solutions LLC.

  • Prosecuted For Truthful Off-Label Promotion: Part 1

    Eric Alexander

    The interplay between off-label use of drugs and medical devices, manufacturer statements about such off-label use, the First Amendment, and U.S. Food and Drug Administration enforcement creates a complex legal landscape. Eric Alexander of Reed Smith LLP examines two criminal prosecutions involving off-label promotion allegations, each of which has now been tried to a jury verdict.

  • Talking 'Bull': Episode 4, Callisto

    Roy Futterman

    In this weekly column, real-life New York City jury consultant and psychologist Roy Futterman parses fact from fiction in "Bull," the new TV series about a fictional NYC jury consultant/psychologist. Spoiler alert ...

  • Bayer-Monsanto Won't Seed Or Weed The Patent Thicket

    Randall Brown

    While the consolidation of agribusiness has a significant effect on the global food supply, it is unlikely that the Bayer-Monsanto merger will have an anti-competitive impact from an intellectual property perspective, say Randall Brown and Catherine Reynolds of Haynes and Boone LLP.

  • OPINION: 3rd-Party Litigation Funding Needs Transparency

    Lisa A. Rickard

    The practice of third-party litigation funding, in which funders front money to plaintiffs law firms in exchange for a cut of any settlement or money judgment, is growing increasingly popular. Currently, litigators are not required to disclose the involvement of third-party funders, but transparency will improve justice in courts, say Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform, and Mark Behrens, a partne... (continued)

  • Another Champion For Proportionality In MDL Discovery

    Steven J. Boranian

    For the second time within a month, a multidistrict litigation court has rejected wide-ranging and potentially abusive discovery on the basis that the requests were out of proportion to the needs of the case. This is a welcome development, says Steven Boranian of Reed Smith LLP.