Life Sciences

  • July 14, 2020

    In Their Words: Why Diversity At The Bar Is Still A Problem

    SEP SUMM --- READY FOR GRAPHICS --- Three prominent U.S. Supreme Court litigators speak on why the court’s bar continues to have a diversity problem – and how it might be fixed.

  • July 14, 2020

    The Year's Top High Court Moments From Law360's The Term

    Remote arguments. Gorsuch siding with liberals on LGBTQ rights. A mysterious flush. It's been a surprising year at the high court, and Law360's The Term podcast team shares four big takeaways.

  • July 14, 2020

    Improper Testimony Won Pa. Mesh Case For J&J, Panel Told

    A Philadelphia jury's decision to clear a Johnson & Johnson unit in a pelvic mesh injury case last year was founded on testimony from a treating doctor who was improperly allowed to opine that the implant hadn't caused her patient's injuries, a state appeals court heard on Tuesday.

  • July 14, 2020

    Surprising Alliances Shape The Supreme Court Term

    The U.S. Supreme Court saw a drop in narrowly divided rulings and more than a few unusual alliances among the justices in a term packed with contentious cases on abortion, immigration, LGBTQ rights and agency authority.

  • July 14, 2020

    11th Circ. Again Affirms Atty's Stock Fraud Conviction

    The Eleventh Circuit has affirmed an attorney's fraud conviction for the second time, flatly rejecting his revived argument that the government violated his due process rights by allowing false testimony at trial in 2013.

  • July 14, 2020

    Fla. High Court Orders More Arguments On Pot License Law

    The Florida Supreme Court on Tuesday asked a would-be medical marijuana company and the state's Department of Health to return to court for a second round of oral arguments over whether the law governing the licensing process is an unconstitutional "special law."

  • July 14, 2020

    States' Case To Be Bellwether In Generic Drug Price-Fix MDL

    The Pennsylvania federal judge overseeing multidistrict litigation for price-fixing allegations in the generic drug industry has selected a case from state attorneys general to serve as a bellwether along with three private cases centered on individual drugs.

  • July 14, 2020

    5th Circ. Upholds $905K Verdict In Diagnostic Lab Spat

    The Fifth Circuit on Monday upheld a $905,000 verdict against a Texas lab testing company sued by a Louisiana lab testing company with whom it had formerly partnered, saying neither side had a solid argument for questioning the outcome.

  • July 14, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    As regional spikes in COVID-19 cases continued to temper reopening efforts over the past week, California officials ordered the closure of a wide swath of businesses and unveiled plans to bolster firefighting reserves, while Florida Gov. Ron DeSantis held a roundtable with mayors following record-high positive test results over the weekend and New York launched a quarantine compliance initiative in airports.

  • July 14, 2020

    UK Eyeing Conditions On Stryker's $4B Wright Medical Deal

    Stryker's $4 billion plan to snap up a rival medical technology giant might soon be waved forward by the U.K.'s competition enforcer, which indicated Tuesday that its blessing may be forthcoming.

  • July 14, 2020

    Biopharmaceutical Co. Raises $250M From RTW Investments

    Biopharmaceutical company Cytokinetics said Tuesday it's entered a series of deals with funds backed by RTW Investments to raise $250 million and that have the potential to bring in an additional $200 million for its work involving heart disease drug candidates.

  • July 14, 2020

    Mesh Case Judge Tainted By His Mom's J&J Suit, Court Told

    A Philadelphia judge's failure to step aside from a pelvic mesh injury trial against Johnson & Johnson because of his mother's own lawsuit against the company cast an improper shadow over the $41 million verdict in the case, a state appeals court heard during oral arguments Tuesday.

  • July 14, 2020

    Nektar Dodges Stock-Drop Suit Over Poor Study Results

    A California federal judge has dismissed a stock-drop proposed class action against biopharmaceutical research company Nektar, saying investors hadn't provided specific details in their allegations that the company misled them about cancer drug trials.

  • July 14, 2020

    Aspen Offers To Slash Prices On Cancer Drugs In EU Probe

    Aspen Pharmacare Holdings Ltd. has offered to lower the prices of six cancer medications sold in the European Union by over 70%, in order to address the EU competition authority's concerns over excessive pricing.

  • July 14, 2020

    Why Can't Female Lawyers Make Headway At The High Court?

    The number of female lawyers arguing before the U.S. Supreme Court hit a new low this year. Can the pipeline to these coveted oral argument slots be fixed?

  • July 14, 2020

    Law360's Supreme Court Pop Quiz

    Test how closely you were paying attention to the explosive 2019-2020 Supreme Court term.

  • July 13, 2020

    Ex-Ferring Exec Says He Had Rival's Drug Innovation First

    Ferring's former chief scientific officer for urology on Monday testified in a New York federal bench trial, held via Zoom, that rival drugmaker Serenity's co-founder's "alleged" invention of a nighttime urination medication was based on the Ferring scientist's prior discoveries.

  • July 13, 2020

    Pot Tracking Service Says It Can Charge Mo. Stores Fees

    Cannabis track-and-trace company Metrc LLC has asked a Missouri appellate court to overturn a trial judge's decision saying it does not have the right to charge businesses "tag fees" for its services to state medical marijuana shops.

  • July 13, 2020

    'Unfounded Attacks' On Opioid Judge Must Fail, 6th Circ. Told

    CVS Pharmacy Inc., Walgreen Co. and other national pharmacy chains are making phony bias allegations against the Ohio federal judge overseeing multidistrict opioid litigation because they're upset about having lost several legal arguments, local governments have told the Sixth Circuit.

  • July 13, 2020

    3rd Circ. Mulling FTC-AbbVie Pause Till High Court Acts

    The Third Circuit may need to pump the brakes on the Federal Trade Commission's antitrust spat with AbbVie following a U.S. Supreme Court decision to review the agency's authority to order financial restitution, the Philadelphia appeals court said.

  • July 13, 2020

    2nd Circ. Revives NewLink Investor Suit Over Cancer Drug

    The Second Circuit on Monday revived a proposed class action that accuses NewLink Genetics Corp. executives of making misrepresentations while touting the biopharma company's pancreatic cancer treatment.

  • July 13, 2020

    The Sharpest Dissents From The Supreme Court Term

    The majority of this term’s dissents came from the court’s right-leaning justices, and many of their sharpest critiques stemmed from suits over Trump administration policies. Here, Law360 looks at some of the fieriest.

  • July 13, 2020

    Perrigo Investors Push For Class Action Over Irish Tax Audit

    Two Florida public service pension funds are qualified to lead an investor class action accusing drugmaker Perrigo of harming investors by waiting to tell them about a nearly $2 billion tax charge, the funds' attorneys told a federal court.

  • July 13, 2020

    SmileDirect Likely To Lose Calif. Dental Antitrust Suit

    A California federal judge said last week that he'll likely toss SmileDirectClub's antitrust suit against the members of the state dental board, concluding that what the teledentistry company calls anti-competitive harassment could really just be the regulator doing its job.

  • July 13, 2020

    Six Firms Steer Five IPO Launches That Could Raise $501M

    Five biotechnology and medical device companies on Monday joined a packed schedule of initial public offerings, setting price ranges on IPOs estimated to raise a combined $501 million this week, guided by six law firms.

Expert Analysis

  • How Cosmetics Cos. Can Prepare For Growth In Class Actions

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    Given light federal regulation of cosmetics, consumers are increasingly turning to class action litigation against the cosmetics industry, so companies should carefully review manufacturing processes and marketing claims, say attorneys at Perkins Coie.

  • FinCEN Guidance A Positive Step For Hemp Businesses

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    The recent Bank Secrecy Act guidance from the U.S. Department of the Treasury's Financial Crimes Enforcement Network represents a major shift that should enable certain hemp-related businesses to receive better access to financial services, say Gregory Kaufman and Ben Marzouk at Eversheds Sutherland.

  • NY High Court Case Could Upend Litigation Finance Industry

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    A ruling in favor of the defendant in Fast Trak Investment v. Sax, a case recently accepted by the New York Court of Appeals, could enable borrowers to avoid repaying litigation funders by claiming state usury law violations, say attorneys at MoloLamken.

  • 5 Compliance Lessons From Novartis' FCPA Settlement

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    Novartis' parallel settlements with the U.S. Department of Justice and U.S. Securities and Exchange Commission to resolve criminal Foreign Corrupt Practices Act allegations emphasize risk points for life sciences companies, especially for repeat offenders, say attorneys at Paul Hastings.

  • Associates Can Prioritize Biz Development Despite Pandemic

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    Although many traditional business development activities are on hold due to the COVID-19 pandemic, associates should seize the unique opportunities of this time to cultivate business by strengthening their personal and professional relationships, and developing new ones, says Jeremy Schneider at Jackson Lewis.

  • Should Cos. Use USPTO's New Fast-Track Appeals Program?

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    For innovators eager to commercialize inventions, the U.S. Patent and Trademark Office's new fast-track appeals pilot program will be a no-brainer, but for others, the promise of faster disposition may be outweighed by the advantages of the traditionally long appeal process, say attorneys at Morrison & Foerster.

  • Opinion

    Attys Should Stop Using 2 Common Cannabis Industry Terms

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    Adopting the industry-preferred alternatives to the terms "marijuana" and "black market" will help lawyers show that they are sensitive to the historical and systemic harm done by the war on drugs to people of color, say Joshua Mandell at Akerman, Nicole Phillis at Davis Wright and consultant Yvette McDowell.

  • Opinion

    Let's Create An Ethical Obligation For Attys To Fight Racism

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    In this moment of national recognition of historical institutional racism, the American Bar Association must implement a model rule that explicitly declares efforts to fight racism and advance equality to be a matter of attorneys' ethics and professional conduct, say Marc Firestone at Philip Morris International and David Douglass at Sheppard Mullin.

  • New Pharma Co. Defenses For 'Innovator Liability' Claims

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    Under the so-called innovator liability theory, a handful of states have permitted plaintiffs who took generic medication to sue the manufacturer of the branded form of the drug — but pharmaceutical companies have recently had success fighting such claims with three key strategies, say attorneys at Winston & Strawn.

  • Possibilities If Justices Review PTAB Judge Constitutionality

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    Should the U.S. Supreme Court grant certiorari in a series of Federal Circuit cases concerning the constitutionality of Patent Trial and Appeal Board administrative patent judges, its decision could give losing owners the chance to have their ex parte and inter partes cases reheard, say Brent Babcock and Tyler Train at Womble Bond.

  • A Look At CMS' Proposed Medicaid Drug Rebate Changes

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    A recently proposed rule from the Centers for Medicare & Medicaid Services would modify significantly the Medicaid Drug Rebate Program regulations and may achieve its goal of encouraging value-based purchasing arrangements, but some of the rule's regulatory language is vague, say attorneys at Ropes & Gray.

  • Opinion

    Fed. Circ. Patent Eligibility Test Erroneously Distorts Alice

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    A recent certiorari petition to the U.S. Supreme Court in Chamberlain v. Techtronic reveals that the Federal Circuit's twisting of the Mayo-Alice patent eligibility framework demands fixing, whether by the Supreme Court or other courts, litigators and lawmakers, say former Federal Circuit Chief Judge Paul Michel and attorney John Battaglia.

  • 6 Considerations When Shopping For Legal Tech Software

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    When evaluating the vast range of legal technology options available today, law firms will want to make sure that firm intellectual property and client data stored in the software are encrypted, isolated, protected through backups and in compliance with the ever-growing list of data regulations, say Eric Tucker and Dorna Moini at Documate.

  • Ohio Ruling Adds To Insurance Uncertainty For Opioid Suits

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    An Ohio appeals court's recent decision in Acuity v. Masters Pharmaceutical fails to address an insurer's duty to indemnify policyholders embattled in opioid litigation, only amplifying the uncertainty surrounding insurance coverage for opioid judgments and settlements, say attorneys at Nicolaides.

  • Law Firm Strategies For Publicizing Laterals Amid Lockdowns

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    With business development dinners and social events no longer viable for new lateral hires, law firms need a refreshed game plan — one that fully exploits the digital landscape, say Andrew Longstreth and Jesse Dungan at Infinite Global and Michael Coston at Coston Consulting.

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