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Life Sciences
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March 12, 2024
Nurses' Challenge To NJ Vaccine Mandate Moot, Judge Rules
A New Jersey federal judge tossed a suit challenging Gov. Phil Murphy's vaccine mandate for healthcare workers, ruling the case is moot because the mandate had been rescinded.
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March 12, 2024
Pharmacy Calls $11M False Claims Case A 'House Of Cards'
A compounding pharmacy and its president trashed the Connecticut attorney general's $11 million false claims and kickback allegations against them as a "house of cards" that awarded "a sweetheart cooperation deal" to an alleged co-conspirator and improperly benefited private attorneys, calling instead for a judgment against the state.
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March 12, 2024
Paul Weiss' Digital Tech Chair On AI's Promises And Perils
While generative artificial intelligence promises to increase access to justice and kill the billable hour, we don't know how to prevent it from unleashing misinformation and disinformation on the electorate, says Katherine Forrest, a former Manhattan federal judge who is now chair of Paul Weiss Rifkind Wharton & Garrison LLP's digital technology group.
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March 12, 2024
Insider Trader Cites 'Carelessness' Of BigLaw Ex-Girlfriend
A former FBI trainee who kickstarted an insider trading scheme by looking at the confidential files of his then-girlfriend, a Covington & Burling LLP associate, has told a sentencing judge he isn't trying to downplay the seriousness of his actions by pointing to her "carelessness."
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March 11, 2024
Acadia Investors Get Class Cert. In Suit Over Parkinson's Drug
A California federal judge on Monday certified a class of Acadia Pharmaceuticals investors in a lawsuit accusing the company of making false and misleading statements regarding the likelihood that its Parkinson's psychosis drug would also be approved for the broader use of dementia-related psychosis.
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March 11, 2024
Illumina Brass Faces Shareholder Suit Over Grail Deal Debacle
Current and former directors and executives of Illumina, including former U.S. Food and Drug Administration Commissioner Scott Gottlieb, have been hit with a shareholder derivative suit in California federal court over their role in the biotech company's failed $8 billion deal to reacquire its cancer-detection company Grail Inc.
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March 11, 2024
3rd Circ. Finds No Reason To Disturb AbbVie Privilege Ruling
The Third Circuit has found that AbbVie was unable to show that a Pennsylvania federal court went against precedent or made an error when ordering the drugmaker to turn over attorney communications from a "sham" patent case allegedly meant to delay AndroGel competitors.
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March 11, 2024
Judge OKs Eye Care Tech Co.'s $8M DIP Request
A Texas bankruptcy judge on Monday approved optometry software company Eye Care Leaders Portfolio Holdings LLC's request to draw on the remainder of its $8 million in debtor-in-possession funds for its Chapter 11 case, saying the company had given good reason to believe it was poised for a rewarding auction.
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March 11, 2024
Fed. Circ. OKs Boston Drug Developer's Patent Win
A Boston-area biotech developer that has yet to bring a product to market persuaded the Federal Circuit on Monday to affirm a finding by an administrative patent board last year that stripped a smaller Chinese rival of a patent covering a way of using a type of sulfonic acid to potentially treat Alzheimer's disease.
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March 11, 2024
Pfizer Slams Ex-Compliance Officer's Whistleblower Claims
Pfizer has asked a California federal court to again dismiss the bulk of a discrimination and retaliation lawsuit filed by a former compliance officer for the pharmaceutical giant, arguing his latest suit is "largely a regurgitation of his original complaint."
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March 11, 2024
Walmart Fails To Sink Feds' Opioid Crisis Lawsuit
A Delaware federal judge on Monday kept alive a government lawsuit accusing Walmart of fueling the nation's opioid crisis, ruling that the company could be held liable for filling illegitimate prescriptions its compliance officers allegedly failed to flag for unwitting pharmacists.
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March 11, 2024
SEC Can't Rely On 'Flawed' Ruling To Avoid Retrial, Atty Says
A Connecticut lawyer facing retrial in a securities fraud case told the First Circuit that the U.S. Securities and Exchange Commission can't lean on a summary judgment finding that was also flawed.
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March 11, 2024
Pfizer Defeats French Group's Bid For Vax Docs At 2nd Circ.
The Second Circuit said Monday that Pfizer doesn't need to give a French nonprofit the communications between its CEO and the European Commission's president related to a COVID-19 vaccine development agreement, ruling the materials are irrelevant to a jurisdictional issue in the group's legal challenge to the pact in France.
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March 11, 2024
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery became a hot topic in New Orleans last week as litigators and judges at an annual convention acknowledged the First State's corporate law preeminence is under scrutiny. Back home, the court moved ahead on disputes involving Meta Platforms, Abercrombie & Fitch and Donald Trump.
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March 08, 2024
Trump 'An Existential Threat' To Rule Of Law, Attys Warn
Former President Donald Trump represents an "existential threat" to democracy and the rule of law, legal experts said Friday at a conference on white collar crime in San Francisco.
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March 08, 2024
Inside The Climactic Clash Over Skyrocketing MDL Caseloads
A seven-year showdown over the nation's swelling docket of ultra-high-stakes consumer suits is hurtling toward its moment of truth, as a judicial oversight panel weighs impassioned input from big-name attorneys and judges endorsing everything from sweeping overhauls to the tiniest of tweaks.
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March 08, 2024
Cahill Has 'Great Ambitions' To Take IP Litigation By Storm
Cahill Gordon & Reindel LLP has spent the last year building up a new intellectual property practice, with a veteran of top law firms leading the way and attorneys from White & Case LLP joining the firm earlier this year.
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March 08, 2024
FDA Pumps Brakes On Eli Lilly Alzheimer's Drug Approval
The U.S. Food and Drug Administration is delaying an approval decision on Eli Lilly and Co.'s Alzheimer's drug donanemab, the company said Friday, throwing a wrench in what was expected to be a smooth approval process for the experimental neurodegenerative treatment.
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March 08, 2024
UK Enforcers To Appeal Nixed £100M Hydrocortisone Fine
Britain's competition enforcer is planning to appeal a tribunal's ruling that upended more than £100 million ($128.6 million) in fines against several drug companies for allegedly reaching agreements that increased the price of hydrocortisone tablets.
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March 08, 2024
Colo. DNA Scientist Fudged Data For 650 Cases, Police Say
A former DNA scientist for the Colorado Bureau of Investigation manipulated data for years, the bureau announced Friday, stating that an investigation has identified more than 650 cases affected since 2008.
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March 08, 2024
7th Circ. Wants 'Roadmap' For Ill. Workplace Disease Law
The Seventh Circuit has asked the Illinois Supreme Court to weigh in on the state's Workers' Occupational Diseases Act, saying it needs a "roadmap" to handle claims for asbestos and other diseases that manifest belatedly as it considers a widow's suit alleging her husband's exposure to a toxic chemical while working for Goodrich Corp. led to his death.
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March 08, 2024
Sorrento Gets OK For $2M Ch. 11 Funding Infusion, Asset Sale
A Texas bankruptcy judge on Friday approved drug developer Sorrento Therapeutics Inc.'s bid for an asset sale and $2 million in funds to fuel its Chapter 11 case, saying they represented the only option outside of a transition to Chapter 7.
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March 07, 2024
Abortion, Drug Costs Top Health Issues in State Of The Union
President Joe Biden laid out a forceful healthcare agenda in his State of the Union address on Thursday, promising to ramp up efforts to control drug prices and pledging to reinstate the federal right to an abortion if voters elect a pro-abortion Congress.
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March 07, 2024
Petition Watch: Student Athletes, Oil Spills & Preemption
The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed: questions over whether student athletes have a business interest in being eligible to play college sports, how much oil is needed to qualify as an oil spill, whether an exemption to the Fourth Amendment applies to artificial intelligence and whether consumers can sue drug companies under state law for violating federal regulations.
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March 07, 2024
Judges Say Facing Threats And Vitriol Now Part Of The Job
Federal judges spoke Thursday about the challenges of the profession in the 21st century, describing how they've either received threats or know of warnings against colleagues, with one jurist saying she received 11 death threats during her first three months on the bench.
Expert Analysis
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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FDA Proposals Clarify Rules For Devices With Predicates
As medical devices continue to grow in complexity, U.S. Food and Drug Administration policies surrounding premarket submissions for devices with existing predicates have fallen behind, but new draft guidances from the agency help fill in some gaps, say attorneys at Hogan Lovells.
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State Regs Sow Discord Between Cannabis, Hemp Industries
Connecticut, Maryland and Washington are the latest states choosing to require intoxicating hemp products to comply with the states' recreational marijuana laws, resulting in a widening rift between cannabis and hemp as Congress works on crafting new hemp legislation within the upcoming 2023 Farm Bill, say attorneys at Wilson Elser.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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AI May Help Patent Applicants With Functional Claiming
The U.S. Supreme Court recently set what many patent practitioners consider too high a bar for functional claims, but artificial intelligence could alter functionality analysis — conferring predictability that alleviates courts' concerns that practicing the claims requires undue experimentation, say Brian Nolan and Ying-Zi Yang at Mayer Brown.
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How Int'l Regulatory Collabs Can Expedite Pharma Approvals
Recent announcements highlight the growing importance of international regulatory collaboration for drug approval, which can greatly streamline the process for companies seeking to market their drugs in other countries, say Geneviève Michaux and Christina Markus at King & Spalding.
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How Executives' Deposition Standards Can Differ
The recent Trustees of Purdue University v. Wolfspeed Inc. decision granting a motion on a protective order for a high-level witness shows how courts can vary in the application of the apex doctrine and analysis under Rule 26 of the Federal Rule of Civil Procedure, say Genevieve Halpenny and John Cook at Barclay Damon.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Calif. GHG Disclosure Law Will Affect Companies Worldwide
California's Climate Corporate Data Accountability Act, which will require comprehensive greenhouse gas emissions disclosures from large companies operating in the state, will mean compliance challenges for a wide range of industries, nationally and globally, as the law's requirements will ultimately trickle out and down, say attorneys at Brownstein Hyatt.
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Questions Linger After FDA's Lab-Developed Tests Proposal
The U.S. Food and Drug Administration's recently proposed rule regarding its plan to regulate lab-developed tests is light on details, leaving many fundamental questions about the agency's authority and ability to execute its plans, say attorneys at Covington.
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Lessons For Biosimilar And Biologic Antitrust Litigation
Aaron Marks at Cohen Milstein considers emerging ways in which biosimilar markets differ from traditional small-molecule drug markets, and recommends how pharmaceutical antitrust litigators can account for these market dynamics in biosimilar-delay cases.
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Balancing Justice And Accountability In Opioid Bankruptcies
As Rite Aid joins other pharmaceutical companies in pursuing bankruptcy following the onslaught of state and federal litigation related to the opioid epidemic, courts and the country will have to reconcile the ideals of economic justice and accountability against the U.S. Constitution’s promise of a fresh start through bankruptcy, says Monique Hayes at DGIM Law.
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How To Navigate The FTC's New Private Equity Frontier
The Federal Trade Commission's recent district court complaint against an anesthesia firm and its private equity partner tests key bounds of the agency's stand-alone authority, and defense strategies can include challenges to both the geographic and the service market fronts, say attorneys at Baker McKenzie.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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An Overview Of Congress' Proposed Drug Shortage Solutions
Recently, Congress has seen a number of bipartisan bills that seek to prevent and respond to national drug shortages, though disagreements over the right vehicle and timeline have slowed progress, says Miranda Franco at Holland & Knight.