Life Sciences

  • March 16, 2018

    A Chat With Littler Info Chief Durgesh Sharma

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, CIO at Littler Mendelson PC.

  • March 16, 2018

    PE Firm Platinum Offers $2.1B For J&J Glucose Testing Unit

    Johnson & Johnson said Friday that private equity firm Platinum Equity LLC had offered to acquire its glucose monitoring unit LifeScan Inc. for around $2.1 billion in a deal that would help the company sell off part of its business that has struggled in recent years.

  • March 15, 2018

    9th Circ. Urged To Rethink HIPAA Probe Coverage Ruling

    Millennium Laboratories asked the Ninth Circuit on Wednesday to rethink its ruling that Allied World Assurance Co. does not have to cover the $5 million it spent defending against a federal investigation, saying its insurance policy entitles it to recover at least part of its expenses.

  • March 15, 2018

    9th Circ. Revives Whistleblower's FCA Row Against Merck

    The Ninth Circuit on Thursday revived a whistleblower's allegations that Merck and two other drugmakers violated the False Claims Act by offering doctors kickbacks to prescribe their blood-thinning drugs, finding the lower court based its dismissal on an outdated "original source" test.

  • March 15, 2018

    Bankrupt Laser Co. Hid Assets To Duck Court Judgments: Suit

    Medical device maker AngioDynamics Inc. hit longtime nemesis and German laser maker Biolitec AG and its executives with a RICO suit Thursday in Massachusetts federal court, alleging the company blatantly exploited legal loopholes for years to avoid paying $145 million in damages and contempt fines.

  • March 15, 2018

    Dem Bill Takes On Tribal Opioid Crisis With New Program

    Senate Democrats on Wednesday took steps to address the crushing effects of the opioid crisis in Native American communities, unveiling a bill that would create a special program to provide support and resources to those struggling with the epidemic and various mental health issues.

  • March 15, 2018

    Menominee Latest Tribe To Sue Pharma Cos. Over Opioids

    The Menominee Indian Tribe of Wisconsin on Thursday became the latest Native American tribe to file suit against major drugmakers and distributors over the opioid epidemic, accusing a host of companies of making billions off the crisis.

  • March 15, 2018

    Cigna, Express Scripts To Face Tough Antitrust Review

    Cigna's $67 billion purchase of Express Scripts is set to face rigorous antitrust scrutiny amid a wave of deals integrating insurers and pharmacy benefits managers — especially given the government's recent hard-line stance on another high-profile vertical merger.

  • March 15, 2018

    GSK Says FDA Barred Warning Of Suicide Risks With Paxil

    GlaxoSmithKline on Wednesday urged the Seventh Circuit to toss a $3 million verdict in favor of the widow of a Reed Smith attorney who committed suicide after taking the generic of its antidepressant Paxil, saying the U.S. Food and Drug Administration had barred it from warning of the drug's suicide risks.

  • March 15, 2018

    Deals Rumor Mill: Alibaba, Bayer, BP

    Alibaba Group Holding Ltd. is reportedly laying the groundwork for a Chinese stock market listing, Department of Justice antitrust officials aren’t satisfied with Bayer’s divestment plans related to its Monsanto takeover, and BP is looking to sell its stake in an Egyptian joint venture.

  • March 15, 2018

    Consultant Co. Wants Out Of $1.76M Suit Over Alleged Scam

    A California attorney and her investment advisory company on Thursday moved to dismiss a suit brought by a medical device developer that claimed the attorney scammed it out of $1.76 million, arguing that Texas federal courts had no jurisdiction over either the attorney or her company.

  • March 15, 2018

    Drugmakers Get Blowback As 340B Changes Gain Steam

    Republican-led efforts to increase hospital transparency in the 340B drug discount program encountered turbulence on Capitol Hill on Thursday as Democrats spotlighted secrecy surrounding drugmaker pricing practices.

  • March 15, 2018

    Abbott Says Ex-Employee Should Pay For Dismissed FCA Suit

    Abbott Laboratories Inc. on Thursday asked a Massachusetts federal judge to send its legal bill to an ex-employee who brought back a previously dismissed False Claims Act lawsuit with claims the pharmaceutical company says were already thrown out.

  • March 15, 2018

    Investors Can’t Peg ProNAi For Failed Cancer Drug

    Pharmaceutical maker ProNAi Therapeutics Inc. and two of its executives shed a proposed securities class action on Tuesday when a New York federal judge found most of the company’s statements about the success of a cancer treatment that investors claimed to be misleading could be chalked up to puffery.

  • March 15, 2018

    Collaborative Workspace Co. Scores $58M In Global Push

    Collaborative office and laboratory space company Cambridge Innovation Center on Thursday said a European property developer agreed to invest $58 million as the Massachusetts-based firm looks to improve its current spaces and expand globally.

  • March 14, 2018

    VC Firm Flagship Commits $50M To Gene Control Researcher

    The life sciences-focused venture capital firm Flagship Pioneering has committed $50 million to a Massachusetts-based pharmaceutical research and development company that specializes in treating cancer and rare diseases, Flagship said Wednesday.

  • March 14, 2018

    False Claims Act An Unlikely Tool In Opioid Crackdown

    The U.S. Department of Justice recently signaled it will aggressively use the False Claims Act as one of several tools to clamp down on the ongoing opioid epidemic, but it remains to be seen how far it can go using a civil fraud law to help address a broad public health issue.

  • March 14, 2018

    Fed. Circ. Backs PTAB In Upholding Uterine Endoscope IP

    The Patent Trial and Appeal Board rightfully upheld a Smith & Nephew Inc. patent covering a device for removing tissue from the uterus, as an international patent application the company had submitted earlier doesn't count as prior art, the Federal Circuit said Wednesday.

  • March 14, 2018

    Tax Court Flubbed Analysis In Medtronic Case, 8th Circ. Told

    The U.S. Tax Court’s analysis of Medtronic Inc.’s license with its Puerto Rican subsidiary doesn’t dig deep enough to explain a transfer pricing method that slashed the medical device maker’s tax bill by hundreds of millions of dollars, an Internal Revenue Service attorney told the Eighth Circuit on Wednesday.

  • March 14, 2018

    Tribes Need Gov't Funding To Fight Opioids, Senate Panel Told

    Native American tribal officials and federal agency representatives painted a bleak picture of the impact of opioids on Indian Country for the Senate Committee on Indian Affairs on Wednesday, with the tribal officials calling for increased and more direct federal funding to tribes to combat the opioid epidemic.

Expert Analysis

  • Class Action Lawyers Behaving Badly

    Thomas Dickerson

    In prosecuting and defending class actions, a conservative, ethical and salutary approach should be taken by all parties. Unfortunately, a survey of recent cases reveals a wide range of problematic behavior by certain class action attorneys, which only lends credence to criticisms of the class action concept, says retired judge Thomas Dickerson.

  • Impermissibly Redefining 'Long-Felt Need' Using Hindsight


    Recent decisions from a Texas federal court and the Patent Trial and Appeal Board narrowly defined the relevant problem-to-be-solved in analyzing long-felt need to that claimed by the patent-in-suit. By allowing hindsight to seep into this analysis, objective evidence is unfairly undervalued or dismissed entirely, say Danielle Duszczyszyn and Sanya Sukduang of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Jurisdiction Issues Dog Multistate Class Actions

    Michael Leffel

    Relying on the U.S. Supreme Court's 2017 Bristol-Myers Squibb ruling, the Northern District of Illinois recently rejected a putative nationwide class action in DeBernardis v. NBTY Inc. Federal appeals courts will likely soon weigh in on such attempts to preclude multistate class actions on jurisdictional grounds, say Michael Leffel and Aaron Wegrzyn of Foley & Lardner LLP.

  • Make An Informed Choice About Arbitration


    In an age of data-driven decision-making, too many companies are making important choices about dispute resolution based on anecdotes and isolated experiences. I’d like to explain why a number of objections to arbitration are ill-founded, says Foley Hoag LLP partner John Shope.

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • Navigating The Complexities Of A Digital Health Transaction

    Kristopher Brown

    Digital health is now at the forefront of deal activity, which is creating opportunities and challenges in equal measure. Practitioners may now be required to address in a single transaction complex issues that previously would have arisen only in separate life sciences, technology or health care deals, say Kristopher Brown and Tony Chan of Dechert LLP.

  • Litigating The Internet Of Things

    Leslie Gutierrez

    With the rise of the internet of things, vast new quantities of data are traversing the cloud. Companies that do not actively and continuously strengthen their cybersecurity protocols are at risk for breaches — and for the consumer class actions that may follow, says Leslie Gutierrez of Husch Blackwell LLP.

  • Claim Scope And Apportionment At Fed. Circ.

    Max Colice

    The Federal Circuit's recent decision in Exmark and 2015 ruling in AstraZeneca show how apportionment applies to a narrow claim that covers a multicomponent product. They could motivate patent applicants to pursue narrow claims intended to cover specific markets, say Max Colice and Britton Davis of Cooley LLP.

  • Insurance Tips For Defendants In Opioid Litigation

    Anna Engh

    Several types of insurance policies can potentially cover costs of defense and ultimate liability for pharmaceutical manufacturers, wholesale distributors and retailers defending against opioid-related lawsuits, but policyholders must be wary of the potential issues that may arise, say Anna Engh and Cléa Liquard of Covington & Burling LLP.