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.
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.
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.
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.
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.
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."
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.
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.
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.
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.
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.
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.
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.
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.
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?
Test how closely you were paying attention to the explosive 2019-2020 Supreme Court term.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The U.S. Department of Health and Human Services accused Gilead Sciences Inc. on Wednesday of infringing four agency patents covering the use of HIV treatment medication to prevent infection, escalating a fight that has been brewing for months.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.