The Second Circuit on Tuesday rejected Pfizer Inc.'s effort to shield evidence of a suspected pay-for-delay deal involving emergency allergy treatment EpiPen, saying the drugmaker can't torpedo a New York discovery petition by moving it to federal court.
Warring pharmaceutical companies Akorn Inc. and Fresenius Kabi AG asked Delaware’s Chancery Court late Monday to clear the way for an immediate Akorn appeal from a recent ruling that Fresnius could terminate a $4.8 billion merger, putting off for now litigation over Fresenius’ damage claims.
Two public policy groups have backed Teva Pharmaceuticals USA Inc. in its patent fight with Helsinn Healthcare SA over the nausea drug Aloxi, telling the U.S. Supreme Court that the latter’s reading of the on-sale bar in patent cases would threaten the patent system and hinder public safety research.
Teva Pharmaceuticals International GmbH and Eagle Pharmaceuticals Inc. have challenged two drugmakers' applications to make generic versions of a chemotherapy drug, claiming in a lawsuit filed Monday in Delaware federal court that the generics would rip off two of Eagle's patents.
An Ohio federal judge supervising multidistrict litigation over the opioid crisis ruled Tuesday that local governments suing drug companies must either identify specific prescriptions that were improper or limit their use of related evidence.
A Delaware federal judge on Monday awarded Frank LLP, Prickett Jones & Elliott PA and Hausfeld LLP $3 million in attorneys' fees in connection with Hartig Drug Co.'s suit settled earlier this year against Allergan Inc., Senju Pharmaceutical and Kyorin Pharmaceutical over claims the companies engaged in product-hopping for eye treatment products.
The Pennsylvania Supreme Court said Tuesday it would not take up an appeal of a decision upholding federal law preemption of claims that improper marketing of Cephalon Inc.’s opiate painkiller “lollipop” Actiq led a plaintiff into addiction and death.
A whistleblower has asked the U.S. Supreme Court to consider whether federal courts can impose sanctions for behavior that happened before a suit was filed, saying a Tenth Circuit decision upholding sanctions against him created a circuit split.
An e-cigarette company's vaping liquid was packing more than nicotine with the addition of the active ingredients in erectile dysfunction drugs, a first according to the U.S. Food and Drug Administration.
A Massachusetts federal judge on Tuesday ruled that a CardioNet LLC cardiac monitor patent asserted against rival InfoBionic Inc. is invalid under the U.S. Supreme Court's Alice decision because it claims only the abstract idea of identifying heart arrhythmia by analyzing heartbeats.
Keryx Biopharmaceuticals Inc. misled investors about the company's financial future in documents related to its $1.3 billion acquisition by Akebia Therapeutics Inc., shareholders alleged in a proposed securities class action filed in Delaware federal court on Tuesday.
The First Circuit has overturned certification of a class of buyers who purportedly bought Allergan medicines at artificially high prices, saying the suit didn't offer a way to weed out large numbers of purchasers who never suffered any injury.
Shareholders filed a proposed class action lawsuit against Trevena Inc. in Pennsylvania federal court Monday, alleging that the company and its officers misled investors about the U.S. Food and Drug Administration’s prospects for approving the company’s morphine alternative.
A federal judge declined to impose a stock injunction against Chinese biopharmaceutical firm Sinovac on Monday after a Massachusetts family and its private equity arm had argued the company was unlawfully issuing private placement shares to prevent a takeover of its board on the island of Antigua.
A look at the careers of attorneys who have dominated oral advocacy at the U.S. Supreme Court over the last decade shows a similar path for men and women, with a few key differences. Here’s how the top 10 male and female advocates stack up. (This article is part of a series examining the gender gap among high court advocates.)
Two Illinois nonprofits that provide municipalities with workers’ compensation and employee health insurance on Monday hit opioid makers and distributors with a suit they called the first of its kind in the state over the costs of the opioid epidemic.
For the women at elite law firms, an enduring gender gap among advocates can create a high hurdle for their high court ambitions. Here, Law360 looks at the law firms where women score Supreme Court arguments, and where they don’t. (This article is part of a series examining the gender gap among high court advocates.)
Two compounding pharmacies are fighting back against Express Scripts Inc.’s claims that they withheld prescription refunds in violation of their contracts by telling a Missouri federal court that the pharmacy benefit manager hasn’t suffered any harm or provided enough details about the requested refunds.
Opioid makers and pharmacies on Monday backed a special master's ruling that requires local governments suing drugmakers in multidistrict litigation over the opioid epidemic to identify hundreds of prescriptions, saying that so far they've borne the brunt of coughing up discovery information.
Four Florida men and seven pharmacies have been indicted for their role in a massive $1 billion telemedicine fraud scheme that involved submitting fraudulent claims for payment for marked-up pain cream and other products to insurance companies, the U.S. Department of Justice said Monday.
In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.
In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.
The Committee on Foreign Investment in the United States has announced a pilot program to review noncontrolling foreign investments in certain U.S. industries that were formerly outside the scope of its jurisdiction. This is a rapid assertion of CFIUS' new powers under the Foreign Investment Risk Review Modernization Act, say attorneys with Ropes & Gray LLP.
In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.
Until Vice Chancellor J. Travis Laster’s decision this month in Akorn v. Fresenius, no Delaware court had released a buyer from its obligation to close a transaction as a result of a material adverse effect or change. But we expect the conventional wisdom to continue to hold true — that it is extremely difficult for an acquirer to establish the occurrence of a MAC, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.
In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.
In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.
Public companies are being bombarded with messages, requests and demands around environmental, social and governance matters. At least for companies incorporated in states such as Delaware, directors should consider whether there is a nexus between ESG issues and the pursuit of shareholder welfare, say attorneys with Skadden Arps Slate Meagher & Flom LLP.
Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.
After agreeing to review the Third Circuit's 2016 ruling in the Fosamax product liability litigation during the current term, the U.S. Supreme Court invited the federal government to file an amicus brief. A review of the compelling arguments laid out in the brief strongly suggests that this problematic decision will be reversed by the high court, says Stephen McConnell of Reed Smith LLP.