Try our Advanced Search for more refined results
Life Sciences
-
February 16, 2024
Catching Up With Delaware's Chancery Court
News broke last week that Delaware's Court of Chancery will say goodbye to its current longest-serving jurist, a development that quickly overshadowed a busy week of new merger and board disputes, fee rulings, settlements, and books-and-records demands.
-
February 16, 2024
Ape Farm Says Ga. Officials Monkeying With $300M Bond Deal
The company behind a proposed — and highly controversial — 1.75 million-square-foot monkey rearing facility in southwest Georgia has taken its fight against local officials to federal court, accusing a development authority of trying amid public outcry to back out of a $300 million bond deal to finance the project.
-
February 16, 2024
Chromocell Hits Stock Markets Following $6.6M IPO
Clinical-stage biotechnology company Chromocell Therapeutics Corp. began trading publicly on Friday after raising $6.6 million in its initial public offering, becoming the latest in a flurry of biotech IPOs.
-
February 16, 2024
Medtronic Urges 8th Circ. To Undo Transfer Pricing Ruling
Medical device company Medtronic asked the Eighth Circuit on Friday to overturn a decision rejecting its pricing method for licensing intellectual property to its Puerto Rican affiliate, saying in the long-running case that Medtronic hadn't used the intercompany arrangement to underreport its income.
-
February 16, 2024
Taxation With Representation: Paul Weiss, Kirkland
In this week's Taxation With Representation, Diamondback buys Endeavor, KKR & Co. acquires a stake in Cotiviti, and Gilead Sciences Inc. purchases CymaBay Therapeutics Inc.
-
February 16, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a legal battle erupt between JPMorgan and the founder of a Greek payments company following a dispute over the valuation of their jointly owned fintech business, the children of late Russian oligarch Vladimir Scherbakov face a claim by Fieldfisher LLP, the Director of Education and Training at the Solicitors Regulation Authority tackle a claim by two solicitors, and train operator First MTR South Western Trains file a claim against a security company. Here, Law360 looks at these and other new claims in the U.K.
-
February 15, 2024
'Body Sculpting' Device Co. Faces Investor Suit Over Pricing
Cosmetic medical device maker InMode Ltd. and certain members of its brass face claims in California federal court that they hurt investors, after trading prices for InMode shares sank because they allegedly misrepresented its product pricing and its U.S. Food and Drug Administration regulatory compliance.
-
February 15, 2024
IP Forecast: 'No Labels' Party Feuds With Website Over Name
In advance of debuting candidates for its promised "Unity Ticket for 2024," third-party political group No Labels will fight next week with a website's owners who say the group's name is merely a generic phrase any candidate can use. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.
-
February 15, 2024
House Committee Blasts VA, Oracle For E-Record Failures
Lawmakers on Thursday rebuked the U.S. Department of Veterans Affairs and Oracle Corp. for inadequate fixes to electronic medical records systems that they say continue to threaten the health and safety of thousands of veterans, who are not being advised of the risk.
-
February 15, 2024
DOJ Fights 'Outdated' Tenn. Law On HIV-Positive Sex Workers
The state of Tennessee uses a prostitution law to disproportionally punish people with HIV for engaging in sex work based on an outdated understanding of the virus's transmission, according to a lawsuit filed Thursday by the U.S. Department of Justice.
-
February 15, 2024
Citadel Securities, Others Beat Biotech Spoofing Suit, For Now
A New York federal judge has adopted in full a magistrate judge's recommendation to toss a suit accusing several broker-dealers, including Citadel Securities LLC and Virtu Americas LLC, of carrying out a spoofing scheme that repeatedly drove a biotechnology company's share price down, saying he agrees with the report's finding that the suit fails to show that the alleged scheme caused lower stock prices in every instance.
-
February 15, 2024
HHS Targets Biz Group's Standing In Bid To End Medicare Suit
The Biden administration has asked an Ohio federal judge to dismiss a lawsuit challenging the Medicare price negotiation program, contending that the local business group serving as lead plaintiff lacks standing to sue.
-
February 15, 2024
Profs Say W.Va. Mifepristone Ban 'Out Of Step' With Regs
A group of history professors told the Fourth Circuit on Wednesday that a district court's decision in favor of a new West Virginia law limiting the abortion drug mifepristone is "out of step" with federal regulatory practices designed to fill the gap left by state-level failures to regulate drugs.
-
February 15, 2024
Invitae Can Use Cash Collateral For Speedy Ch. 11
Bankrupt genetic testing company Invitae Corp. on Thursday got the approval of a New Jersey bankruptcy court for routine first-day motions as it moves toward a planned April auction of its assets.
-
February 15, 2024
Court Mulls If Claims Buyer Qualifies For Special Ch. 11 Trust
A Delaware bankruptcy judge on Thursday considered whether a company that pursues claims on behalf of medical insurers and healthcare organizations can be paid from a specialized opioid trust created by the 2022 Chapter 11 plan of Irish pharmaceutical company Mallinckrodt PLC.
-
February 15, 2024
Freenome Raises $254M For Early Cancer Detection Tests
Cancer-focused biotechnology company Freenome said Thursday it has raised $254 million from investors to advance cancer detection tests in its pipeline.
-
February 15, 2024
Lincare To Pay $25.5M To Settle FCA, Anti-Kickback Litigation
Lincare Inc. has agreed to pay about $25.5 million as part of a settlement with the Department of Justice and others resolving litigation over allegations it violated the False Claims Act and Anti-Kickback Statute by mishandling the rental of respiratory equipment to patients.
-
February 15, 2024
Aurinia Refocusing After Failed Effort To Find A Buyer
Kidney-focused biotech Aurinia Pharmaceuticals is hitting pause on drug development, cutting jobs and initiating a $150 million stock buyback program, the company disclosed in its year-end financial report Thursday.
-
February 15, 2024
Med Monitoring Claims In Philips MDL Sent Back For Review
The judge overseeing multidistrict litigation over Koninklijke Philips NV's recalled breathing machines has declined a special master's recommendation to trim claims seeking medical monitoring for some users, instead sending the case back for a deeper look at which states would allow such claims or whether they required proof of physical injury.
-
February 15, 2024
FTC's Khan Calls Healthcare 'Key' To Fight For Competition
Federal Trade Commission Chair Lina Khan told a conference of physicians the agency is fighting corporate control at several levels of the healthcare industry, touting the sector as a key battleground in the administration's push for more competition across the economy.
-
February 14, 2024
Pfizer Reaches $93M Deal With Lipitor Buyers In Antitrust MDL
Pfizer Inc. has agreed to shell out $93 million to put to rest Lipitor buyers' claims in sprawling antitrust multidistrict litigation over the cholesterol medication that stretches back more than a decade, according to a motion filed Wednesday in New Jersey federal court.
-
February 14, 2024
Alcon Can't Dodge Suit Over Eye Drops' '30 Day Supply' Claim
Alcon Laboratories can't escape a proposed class action alleging it falsely claims that its Pataday eye drops have a "30 Day Supply," after a New York federal judge said Wednesday that reasonable consumers could understand the label as assuring that the product, if used as directed, would last 30 days.
-
February 14, 2024
Karuna Faces Investor Suit Over $14B Bristol Myers Buyout
A Karuna Therapeutics Inc. shareholder has filed suit against the Boston-based biotechnology company alleging a proxy statement related to a proposed $14 billion buyout deal between Karuna and Bristol Myers Squibb contained false and misleading information and omitted key facts.
-
February 14, 2024
FTC Seeks Info On 'Powerful Middlemen' Amid Drug Shortages
The Department of Health and Human Services and the Federal Trade Commission announced Wednesday that they are seeking information on whether legal exemptions for "middlemen" in the generic pharmaceutical market are driving ongoing drug shortages.
-
February 14, 2024
Adagio Medical Goes Public In $128M SPAC Merger
Adagio Medical, a catheter ablation tech maker, and Arya Sciences, a special purpose acquisition company, said on Wednesday that they would merge, taking the combined company public at a $128 million value, guided by respective legal adviser Reed Smith and Kirkland.
Expert Analysis
-
Issues Ahead As Psychedelic Medicine Faces Pivotal Moment
Recent regulatory changes and decriminalization efforts have opened doors for research and development in psychedelic medicine, but challenges like stigma, access and funding persist, meaning companies will need to address these issues to support the industry’s credibility, say consultants at FTI Consulting.
-
Bracing For Regulatory Delays As Shutdown Looms
As a government shutdown looms, stakeholders should plan for regulatory delays and note that more regulations could become vulnerable to congressional disapproval under the Congressional Review Act, say Matthew Shapanka and Holly Fechner at Covington.
-
An Overview Of 6 PBM Bills Moving Through Congress
As legislators turn to pharmacy benefit manager reform as a potential next step in addressing the cost of prescription drugs, six congressional committees have recently advanced PBM-related legislation with generally high bipartisan support, suggesting that a final package is likely to advance through Congress, say Rachel Stauffer and Katie Waldo at McDermott+Consulting.
-
Exclusivity Loss Holds Power In Trade Secret Damages Claims
A Pennsylvania federal court's recent decision in Elite Transit v. Cunningham adds to a growing body of case law that illustrates how the loss of trade secret exclusivity alone may be sufficient for claiming damages, even when commercialization of a trade secret has not occurred, say Christopher DeBaere and Julia Bloch at Archway Research.
-
What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
-
Checking In On How SuperValu Has Altered FCA Litigation
Four months after the U.S. Supreme Court's ruling in U.S. ex rel. Chutte v. SuperValu, the decision's reach may be more limited than initially anticipated, with the expansion of the scienter standard counterbalanced by some potential defense tools for defendants, say Elena Quattrone and Olivia Plinio at Epstein Becker.
-
Future Paths For AI Inventorship After Justices' Thaler Denial
Anup Iyer at Moore & Van Allen examines the current and future state of AI inventorship in the wake of the U.S. Supreme Court's decision not to hear Thaler v. Vidal, including collaboration, international challenges, and the need for closer examination in research and development-intensive sectors.
-
Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
-
How Attys Can Weather The Next Disaster Litigation Crisis
On the heels of a number of damage catastrophes and ensuing litigation this summer alone, attorneys must recognize that it’s a matter of when, not if, the next disaster — whether natural or artificial — will strike, and formulate plans to minimize risks, including consolidating significant claims and taking remedial measures, says Mark Goldberg at Cosmich Simmons.
-
Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
-
Application Of Defend Trade Secrets Act Continues To Vary
Seven years after the passage of the Defend Trade Secrets Act, anticipated uniformity has proved somewhat elusive, with federal courts sometimes incorporating state-law requirements into claims brought under the act instead of using it to bypass inconsistencies between state laws, say attorneys at MoloLamken.
-
A Topic-Based Analysis Of FDA Responses To FOIA Requests
By using a topic modeling method, it's possible to discern the major recurring topics in Freedom of Information Act requests made to the U.S. Food and Drug Administration, as well as the likelihood of success for individual topics, says Bradley Thompson at Epstein Becker.
-
Opinion
Proving Causation Is Key To Fairness And Justice
Ongoing litigation over talc and acetaminophen highlights the important legal distinction between correlation and causation — and is a reminder that, while individuals should be compensated for injuries, blameless parties should be protected from unjust claims, say Drew Kershen at the University of Oklahoma College of Law, and Henry Miller at the American Council on Science and Health.
-
How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
-
Opinion
HIV Drug Case Against Gilead Threatens Medical Innovation
The California Court of Appeals should dismiss claims alleging that Gilead should be held liable for not bringing an HIV treatment to market sooner, or else the biopharmaceutical industry could be disincentivized from important development and innovation, says James Stansel at Pharmaceutical Research and Manufacturers of America.