Life Sciences

  • May 27, 2022

    Opioid Judge Raiding Settlements For Atty Fees, 6th Circ. Told

    The Ohio federal judge supervising multidistrict opioid litigation is unlawfully "commandeering" cases outside the MDL by demanding fees for prominent plaintiffs lawyers from future opioid settlements, hundreds of local governments told the Sixth Circuit in a new petition.

  • May 27, 2022

    Texas High Court To Weigh In On Cotton Crop Pesticide Fight

    The Texas Supreme Court on Friday agreed to hear arguments in a lawsuit in which Helena Chemical Co. argues that cotton farmers lacked the evidence to proceed with their claims that aerial drift of the herbicide Sendero damaged their crops.

  • May 27, 2022

    USTR Again Extends China Tariff Reprieve For COVID-19 Gear

    The Office of the U.S. Trade Representative has extended tariff cuts on Chinese medical equipment Friday, marking its second extension of the duty reprieve amid the long tail of the COVID-19 pandemic.

  • May 27, 2022

    Cannabis Bill Roundup: New Legalization Proposal In NC

    A North Carolina lawmaker pitched a new legalization bill, Rhode Island became the 19th state to legalize adult-use cannabis, and Delaware's governor nixed a proposal to legalize simple possession. Here are the major moves in cannabis reform from the past week.

  • May 27, 2022

    Janssen Launches Patent Suit Over Prostate Cancer Drug

    A Johnson & Johnson unit has launched a patent suit against Aurobindo Pharma in New Jersey federal court seeking to block a generic version of prostate cancer drug Erleada.

  • May 27, 2022

    Biopharma Co.'s Lies Caused Investor Losses, Suit Claims

    Biopharmaceutical company Spero Therapeutics Inc. has been hit with a proposed class action suit from an investor who claims the company made false and misleading statements about the regulatory approval of one of its developed drugs, causing stock-price drops and financial damages to shareholders as a result.

  • May 27, 2022

    FDA Sends Warning Letters To Cos. Selling CBD Animal Drugs

    The U.S. Food and Drug Administration has issued warning letters to four companies selling animal drugs containing cannabidiol, saying the FDA has not approved such drugs and therefore they are illegal to sell.

  • May 27, 2022

    Hirshfeld's Arthrex Clearance Empowers Interim Leaders

    The Federal Circuit on Friday held that Patent Commissioner Drew Hirshfeld had the authority to conduct U.S. Patent and Trademark Office director reviews mandated by the U.S. Supreme Court in Arthrex, adding clarity to the powers of interim agency directors.

  • May 26, 2022

    Teva And Cephalon's Marketing Ignored Plea Deal, Judge Told

    Teva and Cephalon improperly peddled their painkiller Fentora even after Cephalon reached a 2008 plea agreement to resolve criminal claims it marketed a different opioid for unapproved uses, San Francisco's lawyer told the federal judge overseeing a bench trial on claims the companies and others illegally fueled the city's opioid epidemic.

  • May 26, 2022

    Ex-Theranos Exec's Fraud Trial Delayed Until June 7

    Former Theranos executive Ramesh "Sunny" Balwani's criminal fraud trial, which was scheduled to resume with the defense's first full day of witness testimony Friday, has been delayed until June 7, according to a clerk's notice filed late Wednesday.

  • May 26, 2022

    Drink Co. Touted Health Claims To Skirt Calif. Fees, Jury Told

    A former Joint Juice marketing executive testifying in a class action consumer protection trial over Joint Juice's health claims conceded Thursday that the company told California regulators that its drinks were "over-the-counter medication" and therefore exempt from state beverage recycling fees, even though executives knew that the drinks' health benefits were limited.

  • May 26, 2022

    J&J Aims To Block Counsel Deposition In Ex-Exec's Bias Suit

    Johnson & Johnson urged a New Jersey state court to block a proposed video deposition of its in-house counsel in a wrongful termination lawsuit lodged by a former executive, arguing that the ex-executive didn't prove the need for such "intrusive" discovery.

  • May 26, 2022

    Cardinal Investors Reach $124M Settlement In Opioid Suit

    Directors of Cardinal Health Inc. and the company's investors have reached a $124 million settlement resolving claims of a shareholder derivative suit that the directors failed to protect the company from liability in the opioid crisis.

  • May 26, 2022

    11th Circ. Won't Revive Optometry Clinic's Virus Coverage Suit

    The Eleventh Circuit affirmed the dismissal of a Florida optometry clinic's COVID-19 insurance suit against State Farm Mutual Automobile Insurance Co., finding that the virus did not cause the direct physical loss required to trigger coverage.

  • May 26, 2022

    No Toss For Del. Suit Targeting $11.6B Sanofi-Bioverativ Deal

    Delaware's Chancery Court sent toward trial Thursday two counts of a class suit alleging costly disclosure failures and Tammany Hall-flavored scheming by directors and officers of biotech venture Bioverativ Inc. to secure huge personal profits off its $11.6 billion sale to Sanofi in 2018.

  • May 26, 2022

    Startup Wants Illumina Trade Secret Suit Tossed

    Silicon Valley-based cancer diagnostics startup Guardant said that a Delaware federal judge should toss gene sequencing company Illumina's lawsuit alleging trade secret theft, saying Illumina was just trying to suppress competition and ruin a competitor's business.

  • May 26, 2022

    3rd Circ. Won't Undo Investors' Win Over 'True Fraudster'

    The Third Circuit refused to undo a multimillion-dollar judgment against a former pharmaceutical CEO found liable for ripping off investors, reasoning that the Delaware federal judge who deemed him a "true fraudster" made the right call.

  • May 26, 2022

    J&J Unit Hit With BIPA Suit Over Skin Care App's Face Scans

    A Johnson & Johnson subsidiary has been accused of violating state privacy laws in Illinois involving the collection and storage of biometric information through a digital skin care program that scans consumers' faces to recommend specific beauty products.

  • May 26, 2022

    Nuclear Med JV Looks To Keep Award Enforcement In NY

    A nuclear medicine company has asked a federal court to stop a medical imaging firm from trying to enforce outside of New York a Swiss arbitral award that orders the company to pay millions of dollars in a dispute that arose out of a licensing agreement.

  • May 26, 2022

    'Profound' Stakes In Drug Discount Suit, Eli Lilly Tells 7th Circ.

    Eli Lilly & Co. says an Indiana federal judge wrongly found that a nationwide drug discount program requires pharmaceutical companies to provide those discounted drugs to certain types of pharmacies, saying the outcome of an appeal at the Seventh Circuit would carry "profound consequences."

  • May 26, 2022

    Pharmacy Owner Gets 4 Years For $7.2M Rebate Fraud

    A New York City pharmacy owner was sentenced Thursday to more than four years in prison for bilking a major pharmaceutical company out of $7.2 million by submitting bogus reimbursement requests to a program meant to improve access to a lifesaving drug.

  • May 26, 2022

    Sens. Urge FDA, USPTO To Cooperate On Generic Drugs

    A bipartisan pair of senators on Thursday joined the call for the U.S. Patent and Trademark Office and U.S. Food and Drug Administration to work together more on generic drug matters.

  • May 25, 2022

    Monsanto Knew Of PCBs' Dangers, Jury Hears In Latest Trial

    A quartet of people linked to a Seattle-area school gave closing arguments Wednesday over claims of contamination by PCBs in classroom light fixtures, saying Monsanto should pay tens of millions after denying the widely banned chemicals' harmful side effects for decades.

  • May 25, 2022

    Walmart Can't Escape Suit Over Crash That Killed Girl Scouts

    A California federal judge denied Walmart's bid Wednesday to dismiss a wrongful death suit over the death of two Girl Scouts and the mother of one of them who were hit by a driver high on Ultra Duster, ruling that the company failed to demonstrate that the driver and others are required parties who cannot feasibly be forced to join the case.

  • May 25, 2022

    Generic Distributors Slip Indirect Reseller Price-Fixing Claims

    A Pennsylvania federal judge dismissed, for now, indirect generic-drug resellers' price-fixing claims levied against distributors like McKesson Corp. as a part of multidistrict litigation, ruling Wednesday that the plaintiffs failed to sufficiently allege a conspiracy.

Expert Analysis

  • Opinion

    Justices Should Give Feds' Roundup Amicus Little Weight

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    The U.S. Supreme Court shouldn't defer to the solicitor general's petition-stage amicus brief urging a claims-award review in the Monsanto Roundup case, because the action would not only affect thousands of cases but also undermine the U.S. Environmental Protection Agency's authority, says Lawrence Ebner at the Atlantic Legal Foundation.

  • Opinion

    ABA Isn't Giving Up On Diversity Efforts By Ending CLE Rule

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    While some view the American Bar Association’s elimination of continuing legal education diversity requirements as capitulating to a Florida Supreme Court decision against the mandate, it was a strategic decision to serve Florida members while improving diversity, equity and inclusion efforts in other ways, says Tiffani Lee at Holland & Knight.

  • PTAB Ruling Shows Need To Split Terminal Disclaimer

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    The Patent Trial and Appeal Board's recent Cellect decision illustrates the problem of overreach in current terminal disclaimer practice; and separating the disclaimer instruments would preserve obviousness double patenting, avoid unwholesome incentives for applicants and better serve equity, say Vincent Shier and Joseph Matal at Haynes and Boone.

  • How To Protect Health Care Trade Secrets With Covenants

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    Post-employment restrictive covenants such as noncompetes are an effective way for health companies to protect confidential information and trade secrets, but employers must be cognizant of the rapidly changing state laws governing the enforceability of such agreements, say Erik Weibust and Katherine Rigby at Epstein Becker.

  • Lateral Candidate Screening Steps To Prevent Bad Behavior

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    Bullying and harassment are among the root causes of stress, anxiety and substance abuse in the legal profession, so law firms should take four actions to effectively screen lateral candidates and ensure they are not recruiting individuals who could jeopardize the well-being of their people, says Michael Ellenhorn at Decipher.

  • Opinion

    Using Bayh-Dole For Cancer Drug March-In Rights Is Wrong

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    Sen. Elizabeth Warren's recent request that the Biden administration invoke march-in rights under the Bayh-Dole Act to lower the price of prostate cancer medicine Xtandi misconstrues the letter and intent of the law, with potentially disastrous consequences for American innovation, says Cravath's David Kappos, former director of the U.S. Patent and Trademark Office.

  • HSR Statistics Show Increasing Scrutiny Of Health Care M&A

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    Recent enforcement and Hart-Scott-Rodino statistics illustrate the Federal Trade Commission's growing interest in the application of federal antitrust law to health care transactions and the FTC's ability to test novel theories of harm in this area, say Amanda Wait and Vic Domen at Norton Rose.

  • A Look At The Legal Profession Since Murder Of George Floyd

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    Little has changed for Black attorneys since law firms promised to combat discrimination within the profession following George Floyd's murder, but on this second anniversary of his death, law firms can recommit by adopting specific strategies that set their Black lawyers up for success, say Lisa Davis and Khasim Lockhart at Frankfurt Kurnit.

  • Fed. Circ. Acne Drug IP Holding Clarifies Obviousness Factors

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    A recent Federal Circuit decision upholding the Patent Trial and Appeal Board's invalidation of an Almirall acne drug patent clarifies the presumption of obviousness based on ranges and substitutions, so patent challengers should consider key adjustments to their legal strategies in these areas, say Cory Smith and George Chen at BCLP.

  • Opinion

    NY Ruling Correctly Deems Legal Finance Docs Irrelevant

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    A New York appeals court's recent decision in Worldview Entertainment v. Woodrow joins a growing trend of decisions denying discovery of litigation funding documents, highlighting that commercial legal finance should be treated just like any other financing in commercial litigation, says Andrew Cohen at Burford Capital.

  • Addressing Low Response Rates In Expert Surveys

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    While expert witnesses are receiving dwindling responses to the surveys they conduct to gauge public beliefs and attitudes, recent cases show that a low response rate need not make a survey inadmissible in court, say Kristen Backor and Yamimi Jena at Charles River Associates, and Brandon Duke at Winston & Strawn.

  • 11th Circ. Ban On Service Awards May Inhibit Class Actions

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    Since the Johnson v. NPAS Solutions decision in 2020, the long-established practice of service awards for representative plaintiffs in class actions has fallen under a cloud in the Eleventh Circuit — and while the case remains an outlier, it may make class actions more difficult to bring in that jurisdiction, say William Reiss and Dave Rochelson at Robins Kaplan.

  • Overcommunicate With Your Summer Associates This Year

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    2022 summer associates have had limited opportunities for professional interactions due to the pandemic, so supervising attorneys should prioritize intentional overcommunication by emphasizing importance of tone and content of emails, sharing feedback immediately, and more, says Julie Schrager at Faegre Drinker.

  • ERISA Ruling Shows Lax Enrollment Practices Can Be Costly

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    The Eighth Circuit’s recent decision in Skelton v. Reliance Standard, finding that a life insurance company breached its Employee Retirement Income Security Act fiduciary duties by accepting premiums without approving coverage, admonishes insurers to communicate with employers and to maintain clear records of eligible enrolled participants, says Mark DeBofsky at DeBofsky Sherman.

  • The State Of Intradistrict Venue Transfer In West Texas

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    Parties litigating in the Waco Division of the Texas federal courts — home of the judge with the most patent cases in the country — have the option of requesting transfer for convenience to other divisions in the Western District of Texas and should be aware of how that process has evolved in the past several years, says Clarence Rowland at O’Melveny.

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