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Life Sciences

  • October 16, 2018

    Pfizer Can't Derail EpiPen Pay-For-Delay Discovery: 2nd Circ.

    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.

  • October 16, 2018

    Quick Chancery Appeal Sought For Rocky $4.8B Akorn Merger

    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.

  • October 16, 2018

    Policy Groups Back Teva In On-Sale Bar Case At High Court

    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.

  • October 16, 2018

    Teva, Eagle Fight To Block Generic Versions Of Chemo Drug

    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.

  • October 16, 2018

    Opioid MDL Gov'ts Must ID Prescriptions Or Limit Evidence

    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.

  • October 16, 2018

    Firms Win $3M In Fees In Hartig Product-Hopping Suit

    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.

  • October 16, 2018

    Pa. Justices Snub Preemption Fight Over Actiq Labeling

    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. 

  • October 16, 2018

    Justices Asked If Sanctions Can Cover Presuit Actions

    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.

  • October 16, 2018

    FDA Warning Wire: E-Cig Juice Spiked With ED Drugs

    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.

  • October 16, 2018

    Cardiac Monitoring Patent Invalid Under Alice, Judge Rules

    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.

  • October 16, 2018

    Investors Sue Keryx Over $1.3B Merger With Akebia

    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.

  • October 16, 2018

    1st Circ. Overturns Class Cert. In Allergan Price Fight

    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.

  • October 16, 2018

    Trevena Investors Sue Over Stock Drop Tied To Drug Trials

    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.

  • October 16, 2018

    Sinovac Investor Can't Halt Share Issue In Board Dispute

    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.

  • October 16, 2018

    The Path To Becoming A Supreme Court Advocate

    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.)

  • October 15, 2018

    Ill. Health Insurance Nonprofits Sue Over Opioid Crisis

    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.

  • October 15, 2018

    Gender Disparity At The High Court: How Top Law Firms Measure Up

    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.)

  • October 15, 2018

    Express Scripts Not Hurt By Alleged Breach, Pharmacies Say

    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.

  • October 15, 2018

    Opioid MDL Needs Gov't Docs To Advance, Drugmakers Say

    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.

  • October 15, 2018

    DOJ Charges Florida Men with $1B Telemedicine Fraud Scam

    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. 

Expert Analysis

  • A Holistic Approach To Client Retention

    Dan Tacone

    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.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    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.

  • CFIUS Pilot Program: Immediate Investment Implications

    Ama Adams

    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.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    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.

  • What Akorn Teaches Us About Delaware MAC Clauses

    David Leinwand

    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.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    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.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    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.

  • The Rise In ESG Investing — And What Boards Can Do

    Peter Atkins

    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.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    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.

  • Opinion

    Gov't Brief In Fosamax Makes Strong Case For Reversal

    Stephen McConnell

    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.