Life Sciences

  • June 17, 2021

    Deals Rumor Mill: Didi Chuxing, Azelis, EBay

    Chinese ride-hailing giant Didi Chuxing has hired five more banks to assist on its planned U.S. IPO, EQT may take public a €6 billion specialty chemicals distributor, and eBay is selling its South Korean business for $3.6 billion. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • June 17, 2021

    ACA Survives Latest Republican Challenge At Supreme Court

    The U.S. Supreme Court ruled 7-2 Thursday that Republican states led by Texas lack standing to challenge the Affordable Care Act, the latest win for former President Barack Obama's signature health law in the nation's top court.

  • June 17, 2021

    Kirkland, Simpson Steer Danaher's $9.6B Aldevron Buy

    Danaher Corp., counseled by Kirkland & Ellis, will snap up private equity-backed life sciences company Aldevron, advised by Simpson Thacher, for roughly $9.6 billion, the companies said Thursday.

  • June 16, 2021

    Gilead Ruling Guts Investors' Rights, Calif. Appeals Court Told

    A Gilead shareholder urged a California state appellate panel Wednesday to reverse a lower court's ruling in favor of the biopharmaceutical giant that he said "eviscerates" California shareholders' rights to inspect corporate records, saying the 2019 ruling flies in the face of California statutes dating back to the mid-1850s.

  • June 16, 2021

    Escobar 5 Years Later: How FCA Earthquake Is Reverberating

    Five years ago Wednesday, the U.S. Supreme Court addressed a billing dispute tied to one patient's treatment at a Massachusetts clinic and in the process rattled the nation's entire False Claims Act docket with new doctrine. Here, Law360 explores the landmark case's aftermath and finds a litigation landscape that hasn't come close to stabilizing.

  • June 16, 2021

    Del. Judge Rejects 'Flawed' HHS Pharmacy Discount Rule

    A U.S. District Court judge in Delaware refused to dismiss on Wednesday an AstraZeneca Pharmaceuticals LP challenge to a Department of Health and Human Services finding that drug manufacturers can't limit the number of pharmacies eligible to fill government-set, capped-cost prescriptions for eligible organizations.

  • June 16, 2021

    NJ Justices Revive Ex-Pharma Exec's Racial Slurs Claim

    The New Jersey Supreme Court on Wednesday revived a former Meda Pharmaceuticals Inc. employee's hostile work environment lawsuit, reasoning that a supervisor's use of two racial slurs was enough to send the claims to a jury.

  • June 16, 2021

    HHS Secretary Becerra Defends $132B Budget Request

    In congressional testimony Wednesday on the Biden administration's proposed budget, Health and Human Services Secretary Xavier Becerra emphasized HHS' commitment to women's reproductive health rights, and to boosting funds to fight the coronavirus pandemic and the worsening opioid crisis.

  • June 16, 2021

    Examiner With Narrow Scope Approved In Purdue Ch. 11

    A New York bankruptcy judge begrudgingly approved the appointment of an examiner in the Chapter 11 case of OxyContin maker Purdue Pharma LP on Wednesday, saying he was doing so only because the baseless allegations included in the examiner motion needed to be addressed publicly.

  • June 16, 2021

    NYC Doc Gets Over 4½ Years For Taking Insys Kickbacks

    A former New York City doctor on Wednesday was sentenced to more than 4½ years in prison for taking hundreds of thousands of dollars in kickbacks from now-defunct drugmaker Insys Therapeutics Inc. in exchange for prescribing a powerful fentanyl spray to his patients.

  • June 16, 2021

    Latham-Led AI Startup Leads 3 IPOs Raising $538M Combined

    Artificial intelligence-focused startup WalkMe Ltd. went public on Wednesday after completing a $287 million initial public offering, the largest of three IPOs spanning the technology, health insurance and life sciences sectors that raised $538 million combined, guided by nine law firms.

  • June 16, 2021

    GSK Denied Restitution In Trade Secrets Theft Case

    A Pennsylvania federal judge said Monday that GlaxoSmithKline LLC is not entitled to recoup fees and costs incurred by outside counsel from DLA Piper as part of a criminal case over trade secrets stolen from the company.

  • June 16, 2021

    3 Firms Aid On $2B SPAC Deal For Firefighting Chemicals Co.

    London-listed blank-check company EverArc Holdings will merge with private equity-backed firefighting chemicals maker Perimeter Solutions in a reverse takeover valued at roughly $2 billion and guided by law firms Greenberg Traurig, Maples and Calder and Kirkland & Ellis, the companies said Wednesday.

  • June 16, 2021

    Trader Pushes Back Against Witness In Illumina Insider Trial

    Counsel for a San Diego stock speculator accused of insider trading worked Wednesday to undermine the credibility of a former Illumina Inc. accountant who told a Manhattan jury she tipped him to earnings secrets in exchange for envelopes stuffed with cash.

  • June 16, 2021

    New York Opioid Trial Delayed Again As Jury Selection Lags

    A monumental opioid trial pitting New York state and two local governments against a dozen drug companies is being pushed back nearly one week because jury selection is taking longer than expected, sources said Wednesday.

  • June 16, 2021

    Greenberg Traurig Adds Faegre Drinker Pharma Litigation Vet

    Greenberg Traurig LLP has nabbed a pharmaceutical litigator with experience representing Johnson & Johnson, Bayer and others from Faegre Drinker Biddle & Reath LLP to join its San Francisco office, the firm announced Tuesday.

  • June 16, 2021

    3rd Circ. Says Tolling Rule Saves Valeant Investors' Claims

    The Third Circuit ruled Wednesday that individual securities claims by Valeant Pharmaceuticals International Inc. investors may advance under the class action tolling rule established in the Supreme Court's landmark American Pipe decision, siding with circuit courts that found the time limit clock doesn't resume until litigants leave the class.

  • June 16, 2021

    Covington, MoFo Steer Elanco's $440M Pet Pharma Co. Buy

    Animal supply company Elanco Animal Health said Wednesday that it will buy California-based veterinary pharmaceutical company Kindred Biosciences Inc. through a $440 million debt-funded deal steered by Covington & Burling LLP and Morrison & Foerster LLP.

  • June 15, 2021

    Kodak CEO Ordered To Testify In NY's Insider Trading Probe

    A New York state judge ordered Eastman Kodak Co.'s CEO and its general counsel on Tuesday to publicly testify in the state attorney general's insider trading investigation of stock buys the CEO made ahead of last summer's announcement of a $765 million government loan that's since been scrapped.

  • June 15, 2021

    Elizabeth Holmes Can't Probe Jurors On Media Consumption

    A California federal judge on Tuesday rejected ex-Theranos CEO Elizabeth Holmes' 45-page juror questionnaire for her upcoming criminal fraud trial that asked jurors to specify media outlets they follow, asking defense counsel "what does it matter" if jurors get information from "an online NPR article or an online Breitbart article?"

  • June 15, 2021

    Mallinckrodt Ch. 11 Plan Disclosure Challenges Shot Down

    A Delaware bankruptcy judge Tuesday heard and rejected multiple challenges to opioid maker Mallinckrodt PLC's proposed Chapter 11 disclosures, saying they contain sufficient information on topics ranging from payouts from states to disputed intercompany transfers.

  • June 15, 2021

    Gilead Wants Whistleblowers' Drug Rx Kickback Suit Killed

    Gilead Sciences Inc. argued on Monday that two ex-employees had no hard proof to back up claims that the company used sham speakership and advisory programs to pay illegal kickbacks to doctors who wrote a high volume of prescriptions for its hepatitis B drugs.

  • June 15, 2021

    Zimmer Biomet Says Fatal Flaws Doom $3B Del. Cashout Suit

    Attorneys for Zimmer Biomet Holdings Inc. directors and investors attacked as "not plausible" Tuesday a Delaware Chancery Court stockholder suit seeking damages for allegedly undisclosed company woes that led to a stock plunge while private equity investors safely cashed out billions.

  • June 15, 2021

    Drugmakers Can't End Calif. Opioid Trial, Judge Rules

    A California judge on Tuesday rejected drugmakers' efforts to end a landmark opioid trial in which Golden State communities contend that marketing of narcotic painkillers caused an addiction epidemic.

  • June 15, 2021

    Watchdog Questions Imerys Talc's Ch. 11 Asset Buy Plans

    The Office of the United States Trustee has objected to a proposal from bankrupt talc miner Imerys Talc America to acquire small businesses in its Chapter 11 to serve as investment vehicles for its funds, saying the debtor must show the investments are a proper use of estate resources.

Expert Analysis

  • What Tax Court's Mylan Legal Fee Ruling Means For IP Suits

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    The U.S. Tax Court's recent ruling that Mylan Inc. could deduct as regular business expenses the legal fees it incurred defending itself against patent infringement suits from brand-name drug manufacturers has the potential to increase patent litigation and may make settlement less appealing, say attorneys at Snell & Wilmer.

  • Smaller Firms Need Employee Wellness Programs, Too

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    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

  • China Trade Secret Developments Bring Certainty For US Cos.

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    U.S. companies should welcome recent reforms to Chinese trade secret legislation and case law that make the litigation landscape more plaintiff-friendly and provide clarity on what business information is protectable and what confidentiality measures the law requires, say attorneys at Jones Day.

  • Opinion

    Calif. Survival Damages Bill Would Cost Cos., Consumers

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    California lawmakers should reject a pending bill that would add pain and suffering, emotional distress, and other damages to punitive and economic loss awards in survival lawsuits, because it would dramatically increase costs for businesses and local governments, say Mark Behrens and Mayela Montenegro-Urch at Shook Hardy.

  • Compliance Considerations For Pharma Co. Testing Programs

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    Diagnostic tests sponsored by pharmaceutical companies can provide real benefits to patients, but should be carefully structured to mitigate compliance risks related to possible fraud and patient privacy, say Eve Brunts and Alison Fethke at Ropes & Gray.

  • How Ad Disputes Between Cos. Fuel Consumer Class Actions

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    Whether companies are bringing or defending claims of false advertising against competitors, they should recognize and anticipate the additional legal risk that may accrue from follow-on consumer actions, says Ross Weiner at Risk Settlements.

  • What Semiconductor Shortage Means For Patent Drafting

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    Since a critical shortage in the global supply of semiconductors could lead to an increase in U.S. capacity, semiconductor-related patent owners should consider directing more patent claims to manufacturing processes, manufacturing tools and intermediate structures, say Darren Smith and David Ben-Meir at Norton Rose.

  • Unpacking The Latest Trends In Biologics-Related IPRs

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    Analysis of the roughly 120 biologics-related inter partes review and nine post-grant review petitions filed over the last four years suggests that these considerably successful petitions will continue to be attractive, effective weapons for both innovators and biosimilar applicants, say current and former Steptoe & Johnson attorneys.

  • Stop Networking, Start Relationship Marketing

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    USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

  • When Your 9th Circ. Case Needs California High Court Input

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    With the Ninth Circuit increasingly certifying state law questions to the California Supreme Court, litigants should pay careful attention to the rules for ancillary proceedings, study recent issues the state high court decided on certification, and consider strategic options, say attorneys at Buchalter.

  • Shifting Trends In Marketing Approvals Of Orphan Drugs

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    Data analysis reveals increases in orphan drug designations and marketing approvals over the last 20 years, and shows how biologics are shaping the orphan drug landscape, say Omar Robles at Emerging Health and Ji-Won Choi at the Vera Institute of Justice.

  • What Attorneys Should Know About Fee Deferral

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    Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

  • Predictions On Pandemic's Lasting Impact On Legal Education

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    The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

  • Cos. Should Review Insurance Policies For PFAS Coverage

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    The U.S. Environmental Protection Agency’s creation of a council on perfluoroalkyl and polyfluoroalkyl substances signals the federal government's intent to accelerate PFAS-related regulatory action and enforcement — so companies with relevant liabilities must understand what their insurance policies will and won’t cover, say attorneys at Lathrop GPM.

  • Roundup Case Shows State Law Can Top Preemption Defense

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    The Ninth Circuit's recent refusal to recognize a federal preemption defense in Hardeman v. Monsanto, the bellwether trial of a cancer case involving the herbicide Roundup, underscores that state tort statutes may provide a better defense than preemption in some cases, say Thomas Manakides and Joseph Edmonds at Gibson Dunn.

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