Expert Analysis

• Navigating Over-The-Counter Product Ads After FTC Warning

  

  Attorneys at Hunton examine advertising substantiation requirements under both the Federal Trade Commission Act and Lanham Act, following recent FTC letters informing hundreds of companies that over-the-counter product marketing claims must be corroborated by scientific evidence.

• A Reminder For Drug Cos. To Confirm Orange Book Listings

  

  A recent policy statement from the Federal Trade Commission highlights the legal danger that pharmaceutical companies can face for improperly listing patents in the U.S. Food and Drug Administration's Orange Book, which is also an issue in the context of Hatch-Waxman litigation, say attorneys at Kirkland.

• Strategic Succession Planning At Law Firms Is Crucial

  

  Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

• What An NCAA Drug Test Change Could Mean For Cannabis

  

  If the NCAA follows through with its decision to remove cannabis from its banned list of substances, it will affect college athletes, athletic directors, public relations employees, and marketing departments at universities and colleges, and it will have a significant economic effect on the cannabis industry, say Stanley Jutkowitz and Sydney Jenkins at Seyfarth.

• FDA's Lab-Developed Test Rule Faces High Hurdles

  

  The U.S. Food and Drug Administration's recently announced plans to explicitly regulate lab-developed tests will likely face resistance from industry stakeholders and congressional actions, and lead to significant litigation, say attorneys at Hogan Lovells.

• Justices Could Use Purdue To Resolve Related Circuit Split

  

  The U.S. Supreme Court will soon hear Harrington v. Purdue Pharma to determine the validity of nonconsensual third-party releases in bankruptcy, but justices should also take the opportunity to resolve a related circuit split over the constitutional authority of bankruptcy judges to issue final rulings on such releases, says Benjamin Feder at Kelley Drye.

• FTC's Health Co. Suit Indicates Agency's Private Equity Focus

  

  The Federal Trade Commission's latest lawsuit against an anesthesia company and its private equity investor highlights the agency's willingness to regulate the health care industry even when relevant acquisitions are relatively dated or when the controlling entity's economic interest is under 50%, say attorneys at Simpson Thacher.

• Opinion

  'Lead Compound' Rule For Drug Patents Leads Courts Astray

  

  For several years, patent challengers in the chemical and pharmaceutical arts have faced an added impediment to invalidating a patent for obviousness — a "lead compound" rule for prior art that is legally wrong, contravenes several U.S. Supreme Court decisions and is antithetical to public policy, says Roy Wepner at Rutgers.

• What Marijuana Status Change Would Mean For Industry

  

  If the Drug Enforcement Administration accepts the U.S. Department of Health and Human Services’ recent recommendation to change marijuana’s classification under federal law, it would be a significant regulatory shift that could foster many industry benefits — but questions, risks and uncertainties at both the state and federal levels would remain, say attorneys at Neal Gerber.

• Top 4 Antitrust Enforcement Issues In Health Care Today

  

  The Federal Trade Commission's recent lawsuit against U.S. Anesthesia Partners exemplifies antitrust enforcement authorities' efforts to aggressively reshape the health care industry, ranging from new proposed rules to withdrawals of previous guidance, say attorneys at Fried Frank.

• 6 Lessons From Direct Selling Industry's Win Over FTC

  

  A Texas federal court’s recent decision in favor of a direct selling company in Federal Trade Commission v. Neora offers long-awaited clarity on what constitutes a pyramid scheme, and lessons for companies seeking to prove their sales are consistent with genuine demand, say Monica Zhong and Branko Jovanovic at Edgeworth.

• Calif. Climate Disclosure Bills Promise Challenges For Cos.

  

  Two novel climate disclosure bills recently passed by the California Legislature will pose challenges for many businesses — especially private companies that are less familiar with climate-related reporting obligations — and will require investments of significant time and effort in processes, procedures and personnel, say John Rousakis and Chris Bowman at O'Melveny.

• Maximizing Law Firm Profitability In Uncertain Times

  

  As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

• Opinion

  The Patent Eligibility Restoration Act Merits Deliberation

  

  The recently introduced Patent Eligibility Restoration Act deserves serious consideration, discussion and debate instead of prejudgment based on entrenched philosophical positions, because of its potential to ameliorate confusion that has hurt investment in certain important industries, say Jonathan Stroud at Unified Patents and Kevin Noonan at McDonnell Boehnen.

• Trending At The PTAB: Changes To Director Review, Hearings

  

  This summer, the Patent Trial and Appeal Board introduced notable updates to both the director review process and the oral hearing guide, and they are already having an impact on practice, say Jameson Gardner and John Mulcahy at Finnegan.