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Life Sciences

  • October 3, 2018

    SEC Enforcement Co-Head Sees Year-End Stats As Overrated

    U.S. Securities and Exchange Commission enforcement co-director Steve Peikin told an audience of government and defense lawyers in New York on Wednesday that focusing on enforcement numbers and penalty amounts can be "counterproductive," instead highlighting the nonmonetary aspects of recent cases.

  • October 3, 2018

    J&J Suit Over Talc-Cancer Link Sent Back To Pa. State Court

    A New Jersey federal judge on Wednesday remanded one of the lawsuits alleging Johnson & Johnson's talcum powder causes cancer to Pennsylvania state court, ruling that Rite Aid, considered a Pennsylvania resident, was not fraudulently included in the complaint to defeat diversity jurisdiction.

  • October 3, 2018

    Deals Rumor Mill: Marathon Oil, Peabody Energy, Atai

    Marathon Oil Corp. is selling its British North Sea oil and gas fields, Peabody Energy held talks to buy Drummond International, and Atai Life Sciences AG nabbed $25 million in funding and is mulling a 2019 initial public offering.

  • October 3, 2018

    US, China Still Sizing Each Other Up In WTO Tariff Dispute

    The United States and China are still in the preliminary phases of Beijing's World Trade Organization case against the Trump administration's tariffs, according to a WTO document published Wednesday that saw Washington eager to question Beijing's retaliatory duties.

  • October 2, 2018

    Ex-Abbott Researcher Says 'Erroneous' Law Sank FCA Claims

    A former medical science liaison for Abbott Laboratories Inc. refuses to accept that her False Claims Act allegations against Abbott died on anything other than “erroneous” case law, asking a Massachusetts federal judge on Tuesday to pause her case indefinitely until new precedent supports her views.

  • October 2, 2018

    Claims Trimmed In Bard Vein Filter Bellwether Home Stretch

    An Arizona federal judge nixed certain damages claims Tuesday in an ongoing Bard bellwether trial over its clot-stopping vein filters, while the device maker told a jury that a certain amount of malfunctioning is to be expected from them.

  • October 2, 2018

    Anti-Monopoly Group Wants 1st Circ. To Rehear Novartis Case

    An anti-monopolization group urged the First Circuit on Tuesday to revive an antitrust proposed class action against Novartis, saying federal judges should not assume that corporations never get away with omitting information from the U.S. Patent and Trademark Office or other agencies.

  • October 2, 2018

    Pfizer, Hospira Urge Final Nix Of Suit Over Faulty Pumps

    Hospira and parent company Pfizer Inc. asked an Illinois federal judge Tuesday to permanently toss a whistleblower suit accusing the subsidiary of billing the government for faulty infusion pumps and issuing secret replacements, saying the suit merely alleges regulatory violations not actionable under the False Claims Act.

  • October 2, 2018

    Dentons Poaches Trio Of Perkins Coie Patent Litigators

    Dentons LLP has hired three Perkins Coie LLP attorneys who are experienced in high-stakes patent and commercial litigation involving technology and medical device companies, according to a recent announcement.

  • October 2, 2018

    2 Cooley-Led Biotech Startups Launch IPOs Totaling $342M

    Two biotechnology startups, both represented by Cooley LLP while Latham & Watkins LLP is advising their underwriters, launched initial public offerings on Tuesday that are estimated to raise $342 million, adding to a growing slate of companies planning to go public next week.

  • October 2, 2018

    Ligand Asks Chancery To Toss Costly Formula Error Suit

    Ligand Pharmaceuticals Inc. urged Delaware’s Chancery Court late Monday to throw out an “opportunistic” investor suit it said aimed to exploit a “scrivener’s error” that set up a bogus, multibillion-dollar stock conversion right for notes with a fraction of that value.

  • October 2, 2018

    ITC Launches Probe Into ResMed Rival's Sleep Mask Imports

    The U.S. International Trade Commission has launched an investigation into whether face masks to treat sleep apnea shipped to the U.S. by New Zealand-based Fisher & Paykel Healthcare Ltd. rip off rival ResMed Inc.’s patented sleep masks, the agency said on Monday.

  • October 2, 2018

    FDA Focus: What Mintz's Practice Chair Is Watching

    Bethany Hills, chair of the U.S. Food and Drug Administration practice at Mintz Levin Cohn Ferris Glovsky and Popeo PC, tells Law360 that she’s seeing an uptick in “cosmeceutical” class actions and a new trend of drawn-out FDA inspections.

  • October 2, 2018

    Baker Donelson DQ'd In BCBS Antitrust Row Against Ex-Client

    Baker Donelson Bearman Caldwell & Berkowitz PC can’t represent a Blue Cross Blue Shield unit against antitrust claims lodged by United Allergy Services, as it had represented the latter in related allegations years before, a Louisiana federal judge ruled Tuesday.

  • October 2, 2018

    HHS' Acting GC Under Obama Returns To Zuckerman Spaeder

    The acting general counsel of former President Barack Obama's U.S. Department of Health and Human Services has rejoined Zuckerman Spaeder LLP as a partner in its Washington, D.C., office.

  • October 2, 2018

    Fed. Circ. Nixes PTAB Remand In Settled Eye Drug Case

    In a move described as atypical, the Federal Circuit on Tuesday partially tossed a Patent Trial and Appeal Board decision upholding a Paragon BioTeck eye solution patent challenged by Altaire Pharmaceuticals Inc., in light of a settlement reached between the drugmakers.

  • October 2, 2018

    Consumers Seek Sanctions For Mylan In EpiPen Pricing Suit

    A potential class of consumers has asked a Kansas federal judge to sanction Mylan NV for allegedly interfering with discovery and withholding documents and emails that consumers are seeking in an antitrust suit alleging the pharmaceutical company drove up the price of emergency allergy treatment EpiPen.

  • October 2, 2018

    Abbott, Distributor Settle 'Gray Market' Test Strip TM Fight

    Abbott Laboratories and a New York medical distributor have agreed to settle claims levied by the drugmaker in New York federal court in a trademark dispute over the sale of "gray market" versions of Abbott's diabetes test strips.

  • October 2, 2018

    O’Melveny Adds Ex-Paul Hastings IP Partner

    O'Melveny & Myers LLP said Monday it hired former Paul Hastings LLP partner Hassen A. Sayeed, an attorney with a medical degree who specializes in biotechnology and medical device patent cases, to join its growing life sciences intellectual property litigation practice in New York.

  • October 1, 2018

    Commerce Ordered To Take 3rd Look At Duties On Radiators

    The U.S. Court of International Trade on Monday again sent back the U.S. Department of Commerce's determination that a key component used in Agilent Technologies Inc. radiators is subject to tariffs, finding that the agency was "unreasonable" when it ignored evidence that may exempt the product from tariffs.

Expert Analysis

  • Distributors Expose Health, Life Sci Cos. To FCPA Risks

    Mimi Yang

    All companies operating abroad should be aware of potential liability under the Foreign Corrupt Practices Act and other anti-corruption laws, but health care and life sciences companies are at greater risk due to the nature of their products and their reliance on third-party distributors in international markets, say attorneys at Ropes & Gray LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Risk Mitigation Strategies For Gene Therapy Developers

    Matt Holian

    In recent weeks, a handful of scientific articles in peer-reviewed medical literature, as well as alarmist headlines in the popular press, have questioned the safety of an important gene editing technology. While plaintiffs lawyers may take such indicators of evolving science out of context to support future claims, there are ways companies can mitigate the risks, say attorneys at DLA Piper.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Kavanaugh On Attorney-Client Privilege — 3 Takeaways

    Louis Ramos

    In what may be one of his final acts on the D.C. Circuit, Judge Brett Kavanaugh has written an opinion that may strengthen attorney-client privilege over communications between a company and its in-house counsel. Attorneys at DLA Piper discuss what this holding could mean for the future of the privilege and offer advice for current in-house counsel.

  • Federal Law Both Sword And Shield In Cannabis Litigation

    Matthew Pierce

    While federal law prohibits the use of marijuana under any circumstances, the cannabis industry continues growing rapidly as more U.S. states legalize its use. The conflicting legal regimes have led to surprising, sometimes counterintuitive results in litigation and bankruptcy cases, says Matthew Pierce of Landis Rath & Cobb LLP.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Testing Mandate Is Straining California Cannabis Cos.

    Oren Bitan

    California’s Proposition 64 legalized recreational cannabis, but set a deadline of July 1, 2018, for cannabis products to be tested for a range of toxic substances. Since then, one in every five pot samples have failed required testing, posing big challenges for the industry, says Oren Bitan of Buchalter PC.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Blockchains: A Better Tool For Supply Chain Management

    James Ton-that

    Although commonly associated with cryptocurrencies, blockchain technology can also be implemented to modernize international supply chains, which currently suffer from voluminous documentary requirements, layers of middlemen and immense regulation, say James Ton-that and Ravi Soopramanien of Hughes Hubbard & Reed LLP.