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.
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.
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.
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offering doctors kickbacks to prescribe their blood-thinning drugs, finding the lower court based its dismissal on an outdated "original source" test.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.