Life Sciences

  • May 07, 2021

    Purdue Asks For Another Month's Hold On Opioid Suits

    Purdue Pharma is asking a New York bankruptcy judge for another 27-day extension of an injunction freezing opioid suits against the company and its owners, saying it needs more time to ensure it gets court approval for its Chapter 11 plan disclosures.

  • May 07, 2021

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen half a dozen U.S film studios hit Britain's telecom providers with a copyright suit, Daimler sued by Mercedes drivers and a former Zurich Insurance employee take the Serious Fraud Office to court. Here, Law360 looks at those and other new claims filed in the U.K.

  • May 06, 2021

    Clinics' Stem Cell Treatments Endanger Patients, DOJ Says

    The U.S. Department of Justice is asking a California federal judge to stop a pair of clinics from offering experimental stem cell treatments without approval from the U.S. Food and Drug Administration, arguing that the clinics are violating the law and endangering patients.

  • May 06, 2021

    Ex-Theranos CEO Vies To Shield Jury From Wealth, Reportage

    Former Theranos CEO Elizabeth Holmes' team of lawyers urged a California federal judge Thursday to keep evidence of her luxurious lifestyle and news coverage of her now-defunct blood-testing startup out of her upcoming criminal fraud trial, but prosecutors said the evidence shows that money and fame motivated Holmes' deception.

  • May 06, 2021

    4th Circ. Mulls 'Murky' Law Around Small Zetia Buyer Class

    The Fourth Circuit was chatty Thursday while mulling whether to uphold or overturn the certification of what pharmaceutical giants Merck and Glenmark have called an "extremely small" class of drug buyers in a fight over the delayed release of a cholesterol drug.

  • May 06, 2021

    Generic Drug Cos. Invoke FTC Restitution Limits Against AGs

    The potential influence of the U.S. Supreme Court decision striking down the Federal Trade Commission's claimed authority to recover ill-gotten gains in federal court continues to spread, with generic-drug makers citing the ruling Wednesday to fight state attorneys general's price-fixing claims in sprawling Pennsylvania federal court litigation.  

  • May 06, 2021

    4 Firms Steer French COVID-19 Vaccine Maker's $94M US IPO

    A French maker of traveler vaccines with a COVID-19 candidate in the pipeline went public to receptive U.S. investors Thursday after completing a $93.5 million initial public offering, guided by four law firms including Cooley, Hogan Lovells and Goodwin Procter.

  • May 06, 2021

    Nephron To Receive $7.9M To End Trade Secrets Case

    U.S. Compounding Inc. and its parent Adamis Pharmaceuticals Corp. have agreed to pay $7.9 million as part of a deal to end a lawsuit by Nephron Pharmaceuticals Corp. claiming they stole its trade secrets through a former employee.

  • May 06, 2021

    Deals Rumor Mill: IHH Healthcare, Tricor, Reebok

    A Malaysian hospital company valued at about $12 billion is up for grabs, European private equity firm Permira may sell Hong Kong-based business services provider Tricor, and Adidas is seeking first-round bids for Reebok. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • May 06, 2021

    Blue Cross Unit Wants To Lead If Shkreli Faces New Suits

    A Blue Cross division has urged a New York federal judge to combine any future indirect buyers' suits against notorious drug industry figure Martin Shkreli for allegedly blocking a generic anti-parasitic medication with an existing Blue Cross suit and name Robins Kaplan as the plaintiffs' lead counsel.

  • May 06, 2021

    10x Launches Patent Suit Against NanoString

    10x Genomics has launched a suit in Delaware federal court making patent infringement claims against NanoString Technologies Inc. over products relating to molecular profiling technology.

  • May 06, 2021

    1st Circ. Hints Insys Execs' Convictions Will Stand

    Emotional patient testimony and a prosecutor's improper remark during closing arguments likely aren't enough to overturn a landmark verdict convicting five former Insys Therapeutics executives of a scheme to bribe doctors to prescribe opioids, a First Circuit panel suggested Thursday.

  • May 06, 2021

    Skin Care Co. Sued Over 'Mineral-Based' Sunscreen Labeling

    Skin care company Crown Laboratories was hit with a proposed class action Wednesday in California federal court over the labeling on several of its "mineral-based" sunscreen products, which the suit claims contain additional "harmful" chemical active ingredients.

  • May 06, 2021

    Quest Pharmaceuticals Loses In Opioid Liability Coverage Suit

    Quest Pharmaceuticals can't tap into coverage for 77 opioid suits for costs to government and health agencies allegedly caused by the company's improper distribution of the painkillers, a Kentucky federal judge held.

  • May 06, 2021

    Insurer Says It Needn't Cover Massage Oil Class Action

    Admiral Insurance Co. on Thursday sued a massage oil maker in Texas federal court, saying it's not required to provide coverage for a proposed class action alleging the massage oil maker's products caused skin problems and immunological disorders.

  • May 05, 2021

    Ex-Theranos CEO Blasts Government's Expert Witness Plan

    Lawyers for former Theranos CEO Elizabeth Holmes urged a California federal judge Wednesday to exclude the expert testimony of a medical doctor from her upcoming criminal fraud trial, arguing that prosecutors want to use the doctor to "parrot" a former lab director who resigned over concerns about Theranos' blood testing practices.

  • May 05, 2021

    Opioid Crisis Is In Hospital's Front Yard, Doctor Testifies

    A Los Angeles County doctor testified Wednesday that the addiction crisis allegedly fueled by four drugmakers is so severe that she regularly sees recently discharged patients using opioids on her hospital grounds.

  • May 05, 2021

    Generic-Drug Makers Knock States' Objection To Sanctions

    Generic-drug makers accused of participating in an industrywide price-fixing scheme are urging a Pennsylvania federal court to disregard state enforcers' objections to a special master's recommendation to sanction the California attorney general's office for failing to fulfill discovery obligations in the multidistrict litigation.

  • May 05, 2021

    Pharma Co. Says €140M Award Suit Doesn't Belong In Mass.

    Taiwanese pharmaceutical company PharmaEssentia urged a Massachusetts federal judge to toss Austrian pharmaceutical company AOP Orphan's €140 million ($169.7 million) award confirmation suit, arguing that the court does not have general or specific jurisdiction over this case.

  • May 05, 2021

    11th Circ. Urged To Reverse Roundup Failure-To-Warn Ruling

    A man who alleged Monsanto's Roundup caused his cancer pressed the Eleventh Circuit on Wednesday to flip a lower court's ruling that his failure-to-warn claim is barred by federal law, saying other courts have come to the opposite conclusion in an appeal challenged by other Roundup plaintiffs.

  • May 05, 2021

    Judge Seeks Teva's Take On Morgan Lewis Conflict Claim

    A Pennsylvania federal judge said Wednesday he needed more information before deciding whether potential conflicts of interest barred Morgan Lewis & Bockius LLP from serving as counsel for drugmaker Glenmark in a criminal case over alleged price-fixing involving fellow Morgan Lewis client Teva Pharmaceuticals.

  • May 05, 2021

    Full 5th Circ. Redo Sought In Sanofi Chemo Hair Loss Suit

    A Sanofi patient has asked the full Fifth Circuit to review the dismissal of her allegations the pharmaceutical giant failed to warn that its chemotherapy drug Taxotere carried a risk of permanent hair loss, arguing the panel ignored important testimony offered by her oncologist.

  • May 05, 2021

    Quest Can't Ditch ERISA Class Action Over 401(k) Investments

    Quest Diagnostics Inc. must face a proposed ERISA class action claiming its 401(k) plan invested in subpar mutual funds, with a New Jersey federal judge ruling Wednesday that four Quest ex-workers provided enough support for their mismanagement allegations to get the suit past the company's dismissal bid.

  • May 05, 2021

    Blackstone Exec Fearful Of A 'Torrent Of Economic Activity'

    As the latest COVID-19 stimulus gets farther in the rear-view mirror and some experts warn of an economic downturn, Blackstone president Jonathan Gray fears the opposite and is concerned about inflation, according to remarks at a virtual DLA Piper real estate conference Wednesday.

  • May 05, 2021

    Allergan Can't Escape NJ Defective Breast Implant Claims

    A New Jersey state judge won't let Allergan Inc. escape multicounty litigation by patients alleging its Biocell breast implants were defective and caused them to develop a type of non-Hodgkin's lymphoma, finding several claims are not preempted by federal regulation.

Expert Analysis

  • Drafting Clearer Patent Claims After Fed. Circ. L'Oreal Ruling

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    The Federal Circuit recently employed a flexible standard for constructing Olaplex's hair care patent claims in a case against L'Oreal, but more precise claim drafting could have avoided altogether a problem with claims for component amounts in product formulations, says Philip Hamzik at Wolf Greenfield.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • High Court's AMG Ruling Could Hinder FDA Enforcement

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    The U.S. Supreme Court's decision in AMG Capital v. Federal Trade Commission, limiting the agency's ability to seek equitable monetary relief under the FTC Act, will likely also restrain the U.S. Food and Drug Administration's authority under the Federal Food, Drug, and Cosmetic Act, due to similarities between the laws, say Joshua Oyster and Jenna McCarthy at Ropes & Gray.

  • Expect Increasing Scrutiny Of Wage-Fixing, No-Poach Deals

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    Employers can expect more actions against wage-fixing or no-poach agreements as the U.S. Department of Justice's Antitrust Division cracks down on labor market collusion, so companies should consider tailoring these agreements on their scope, duration and definition of nonsolicitation, say attorneys at Duane Morris.

  • W.Va. Consumer Law Changes Offer Help For Finance Cos.

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    New amendments to the West Virginia Consumer Credit and Protection Act will help businesses in the state, particularly in the financial services industry, by better defining the process for presuit notice and opportunity to cure, and by making it easier to recover attorney fees, say Andrew Narod and Jared Searls at Bradley Arant.

  • Opinion

    Keep Junk Science Away From Juries

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    Well-grounded scientific testimony in judicial proceedings has become more essential than ever, especially with large verdicts at stake in cases concerning hot-button issues like talc and climate change, so judges must act as gatekeepers to exclude unsound science from jury trials, says Lawrence Ebner at the Atlantic Legal Foundation.

  • Bio-Rad Ruling Highlights IP Assignment Clause Limits

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    The Federal Circuit's recent holding in Bio-Rad v. International Trade Commission, that an assignment clause wasn’t enough to claim patent ownership where the conception date followed former inventors’ employment, shows companies and workers the importance of specificity in drafting contractual limitations, say Bryan Vogel and Derrick Carman at Robins Kaplan.

  • Cannabis Legalization's Effects On Insurance Industry

    Excerpt from Practical Guidance
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    Resolution of the legal uncertainty presented by the dueling federal and state approaches to cannabis will pave the way for legal cannabis businesses to access the insurance protections the industry needs for everything from workers' compensation to auto insurance to general liability, says Christy Thiems at the American Property Casualty Insurance Association.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • Pharma Cos. Can Expect Harsh Antitrust Scrutiny From Biden

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    For pharmaceutical company mergers and acquisitions, increased antitrust scrutiny under the Biden administration, combined with international coordination of review and enforcement, will likely translate into longer, more in-depth and more expensive merger reviews, say attorneys at Faegre Drinker.

  • The Pandemic's Bright Spots For Lawyers Who Are Parents

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    The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.

  • Risk-Based Compliance Improves Cannabis M&A Prospects

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    As the cannabis M&A market heats up, one way cannabis operators can improve merger or acquisition potential is to have a risk-based compliance program that aligns regulator and operator interests, say Katrina Skinner at Burns & Levinson and Brion Nazzaro at the Association of Certified Commercial Cannabis Experts. 

  • How Tuna Antitrust Ruling Affects Job Bias Class Actions

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    Employment discrimination class actions that rely on statistical representations could look different following the recent Olean v. Bumble Bee antitrust ruling, due to the Ninth Circuit's scrutiny of models that obscure the extent of uninjured plaintiff membership, say attorneys at Orrick.

  • What High Court Is Considering In Assignor Estoppel Case

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    At U.S. Supreme Court oral arguments Wednesday in Minerva Surgical v. Hologic, the justices seemed receptive to materially limiting a doctrine precluding patent assignors from attacking the validity of patent rights, and several important policy questions and business implications will need to be addressed after the decision, says Ben Clark at BCLP.

  • Opinion

    Revise Mansfield Diversity Mandates To Also Benefit Veterans

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    The well-intentioned efforts and salutary purposes of the legal industry's Mansfield Rule diversity metric are tainted by the Diversity Lab initiative's omission of veterans, who are underrepresented at large law firms and entitled to advantageous treatment based on more than 200 years of public policy, says Robert Redmond at McGuireWoods.

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