A shareholder of drug developer Innoviva Inc. won a battle with the company over the makeup of its board of directors Friday when a Delaware Chancery Court judge determined that a deal among the parties to resolve the investor's proxy fight was valid and should be enforced, requiring two investor nominees to be added to the company's board.
A onetime colleague of former Katten Muchin corporate attorney and fraud defendant Evan Greebel who was retained to handle a U.S. Securities and Exchange Commission investigation into one of Martin Shkreli’s hedge funds told a Brooklyn federal jury on Friday that he never saw Greebel do anything illegal.
Pharmaceutical company Patheon Inc. has urged a New York federal judge to deny softgel maker Procaps SA’s request to vacate part of an arbitration award finding it can't recover $135 million in lost profits damages for a nixed product development agreement, telling the court the agreement doesn’t allow for such damages.
Shares of Denali Therapeutics Inc. soared Friday after the company raised $250 million in an upsized initial public offering that amounted to the largest biotechnology IPO of 2017, leading one of three newly public companies that raised $506 million combined.
Biopharmaceutical firm Gilead Sciences Inc. said Thursday it will acquire private equity-backed biotechnology company Cell Design Labs Inc. for $567 million in a deal that will see Gilead build up its cell therapy capabilities even more.
Three companies are set to raise about $762 million combined from initial public offerings during the week of Dec. 11, led by a commercial real estate broker, private equity-backed cable equipment maker and biotechnology company, a small lineup that marks the start of a year-end slowdown.
The European Commission is wary of Bayer’s blockbuster buyout of Monsanto, Toshiba and Western Digital have come to terms on a settlement that will end their dispute over the planned 2 trillion yen sale of Toshiba Memory Corp., and Elliott Management is pushing for changes at Alexion Pharmaceuticals.
An electrical contractor sued a slew of construction and insurance companies in Maryland federal court Wednesday, demanding $21 million for the contractor's extra work on a biological warfare research facility and alleging the project was mismanaged and inefficient even before a fire destroyed half the building.
The U.S. Food and Drug Administration on Thursday unveiled new oversight policies for digital health products, including increasingly popular software used to assist doctors in making treatment decisions.
Drugmaker Amgen asked the Federal Circuit on Wednesday for an en banc rehearing of a decision that revived a challenge to its patents for Repatha, an antibody-based cholesterol treatment, saying a panel abandoned precedent by rejecting a previously used test for patentability of such drugs and finding admissible evidence that post-dates the challenged patents.
The government urged a Massachusetts federal court Wednesday to not acquit a pharmacist convicted of 77 counts including racketeering and mail fraud for manufacturing deadly drugs in the 2012 fungal meningitis outbreak, saying the arguments presented to support acquittal have been rejected by the court or rely on facts dismissed by the jury.
A former Katten Muchin lawyer and mentor to ex-Katten partner and accused fraudster Evan Greebel on Thursday told a Brooklyn federal jury in the fraud trial of how Greebel was a rainmaker in the firm’s corporate department with multiple big league clients, as the defense sought to blunt the government's theory of motive.
The U.S. Securities and Exchange Commission on Wednesday filed a suit in Florida federal court accusing the brother of a Puma Biotechnology Inc. executive of reaping $107,000 in illegal profits through insider trading based on conversations between the two related to the development of a cancer drug.
Covington & Burling LLP has lured back a former associate after an eight-year stint at the U.S. Food and Drug Administration, giving the firm insider perspective on the agency’s fast-evolving approach to drug safety.
The Fourth Circuit on Thursday granted an unopposed motion to dismiss an antitrust suit brought against Pfizer Inc. by a putative class of health benefits plans that alleged the company used anti-competitive practices to get a patent for the inflammation medication Celebrex.
A Ninth Circuit panel on Wednesday vacated a win for Merck Sharp & Dohme Corp. and other drugmakers in a suit claiming that they failed to warn consumers about pancreas problems from Type 2 diabetes drugs, sending the class action back to the district court that the panel said erroneously interpreted a U.S. Supreme Court ruling.
Two venture-backed biotechnology firms and a private-equity backed payday lender raised a combined $307 million from initial public offerings — pricing at the middle or bottom of their respective ranges — while another life science company upsized its planned IPO on Thursday.
An executive from a Virginia medical laboratory can’t sue his boss for retaliation that allegedly occurred after he aided the government in a $3.2 million False Claims Act suit, as whistleblowers can't sue individuals for retaliation, a New York federal judge said on Wednesday.
Israel Chemicals Ltd. has agreed to sell its fire safety and oil additives businesses to health care and specialty chemicals-focused private equity firm SK Capital Partners in a deal worth about $1 billion, according to a Thursday statement from the Tel Aviv-based specialty minerals company.
A Massachusetts federal judge on Wednesday awarded $4.45 million in fees to attorneys who secured a $22.25 million settlement to end an investor class action accusing Aegerion Pharmaceuticals Inc. of hiding from shareholders the off-label marketing of the cholesterol drug Juxtapid.
Federal courts across the country are handing down important rulings interpreting the U.S. Supreme Court’s landmark decision on False Claims Act liability in Universal Health Services v. Escobar. As the rulings keep pouring in, stay up to speed on Law360’s latest coverage and analysis of Escobar’s impact.
The Foreign Corrupt Practices Act case of U.S. v. Harris Corp. was tried in March 1991 — so long ago that pretty much only the parties and counsel remember it. With a smile, I’ve just about given up correcting people who say their case is "the only FCPA case ever to be tried,” says Robert Feldman of Quinn Emanuel Urquhart & Sullivan LLP.
A federal judge in New Jersey recently granted summary judgment to drug manufacturers in a lawsuit alleging that Plavix caused gastrointestinal bleeding. The multidistrict litigation court, sitting in New Jersey, applied California's learned intermediary doctrine, but may not have reached the same conclusion had it applied New Jersey law, say Stefanie Colella-Walsh and Martin Schrama of Stark & Stark.
At the U.S. Securities and Exchange Commission in April 1978, we filed a case against Page Airways and envisioned the trial of a precedent-setting enforcement action that would have defined Foreign Corrupt Practices Act standards at an early stage. Instead, the matter was settled under circumstances that I am sure are unique in SEC history, says Burton Wiand of Wiand Guerra King PA.
On Nov. 30, the U.S. Judicial Panel on Multidistrict Litigation heard argument in over 100 government lawsuits seeking damages from pharmaceutical companies for the opioid epidemic. Whether these cases get consolidated and, if so, in which court, may have far-reaching implications, say Adam Fleischer and Kevin Harris of BatesCarey LLP.
In a recent study, 20 out of 25 law firms surveyed have made billing process improvement a top priority for 2018. Firms can foster consistency and increase efficiency at all stages of their billing cycle by focusing on a few specific procedures, say Sharon Quaintance and Christine Indiano at HBR Consulting.
The Fifth Circuit is among the busiest federal circuit courts in the country. What can you do to increase your chances of reaching oral argument? And if given the opportunity, how can you present a persuasive argument? Former Fifth Circuit clerk Justin Woodard, an associate at Jones Walker LLP, shares some advice.
Catching a witness flat-footed on an important topic is no longer confined to cable news, and corporate legal defenses can likewise die when witnesses profess ignorance on things that jurors believe they should know. However, employing some common sense tools can minimize potential harm, says Matthew Keenan of Shook Hardy Bacon LLP.
Given the potential of certain "anti-generics" strategies to stymie competition, antitrust scrutiny likely will only intensify. The ramifications for pharmaceutical companies, consumers, payors and sovereign entities could be significant as courts consider these burgeoning strategies, say Miriam Vishio and Nicholas Cheolas of Zelle LLP.
Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.
The Federal Circuit's recent decision in Sanofi v. Watson confirmed that the overall content of a generic drug manufacturer’s labeling, as well as real-world evidence of physician practices, inform the induced infringement analysis in Hatch-Waxman cases, say attorneys with Paul Hastings LLP.