Life Sciences

  • June 15, 2021

    Genentech Can't Shake Ex-Worker's 401(k) Fee Suit

    Genentech Inc. can't escape a proposed ERISA class action over 401(k) plan management, with a California federal judge trimming an allegation that the plan made bad investments from the suit but letting a claim that the plan charged excessive fees proceed.

  • June 15, 2021

    Coronavirus Regulations: A State-By-State Week In Review

    COVID-19 pandemic reopening plans over the past week focused on summer festivities, paving the way for the return of the New York State Fair at full capacity, a $95 million tourism comeback plan for California and the possibility of permanent to-go cocktails in Pennsylvania.

  • June 15, 2021

    Chancery OKs Trimmed $3.45M Fee In Nutraceutical Sale Suit

    Declaring that it was a "good fiduciary duty case," a Delaware vice chancellor nevertheless trimmed $300,000 Tuesday from a $3.75 million fee sought by class attorneys who secured a $17.5 million settlement after challenging Nutraceutical's $446 million sale price from 2017.

  • June 15, 2021

    Trader Tells Jury He Got No Illegal Info From Scared CPA

    A former Illumina Inc. accountant who allegedly tipped California trader Donald Blakstad on the gene tech company's prospects had no secrets to share, Blakstad's counsel told a Manhattan jury Tuesday, saying she pled guilty to insider trading because she fears the FBI.

  • June 14, 2021

    VA's OIG Says PPE Plans Created Pre-COVID Weren't Utilized

    Department of Veterans Affairs facilities did not take advantage of several emergency contingency plans created prior to the COVID-19 pandemic that lined up agreements with contractors that would ensure a stockpile of personal protective equipment, with many facilities unaware the plans even existed, according to a report issued Monday by the VA's Office of Inspector General.

  • June 14, 2021

    W.Va. State Opioid Claims Will Be Heard By A Jury

    The West Virginia Supreme Court on Friday ruled that the state and cities' claims in consolidated litigation that drug companies' marketing of opioids created a public nuisance can proceed to trial before a jury.

  • June 14, 2021

    Centene Settles Ohio, Miss. PBM Claims, Sets Aside $1.1B

    Centene Corp. has agreed to pay Ohio $88.3 million and Mississippi $55 million to end claims that its pharmacy benefits manager, Envolve Pharmacy Solutions Inc., overbilled state agencies, while setting aside an additional $1.1 billion, the health care company announced Monday.

  • June 14, 2021

    Bio-Rad Points To Worker Pacts In Battling 10X Fed. Circ. Win

    Bio-Rad Laboratories Inc. wants the full Federal Circuit to review a panel's decision confirming that the company infringed three 10X Genomics' gene sequencing patents, arguing that the ruling failed to give proper weight to Bio-Rad's employment agreements with two scientists who left to found 10X.

  • June 14, 2021

    $1.8B Biotech Sale Targeted In 3 Delaware Class Suits

    Attorneys for former Emisphere Technologies Inc. stockholders asked Delaware's Chancery Court to consolidate three class suits seeking damages from a $1.8 billion sale of the biotechnology company to Novo Nordisk A/S under terms claimed to have unfairly benefited the company's controlling investors.

  • June 14, 2021

    Peruvian Medical Co. Says German Co. Can't Ditch Virus Suit

    A Peruvian medical equipment wholesaler who claims it was duped into buying counterfeit 3M-branded masks during the pandemic has told a Florida federal judge that the alleged North American arm of a German product-testing company can't seek dismissal because it isn't a party to the suit.

  • June 14, 2021

    CVS Overcharged Insured Drug Buyers $123.7M, Jury Told

    An expert hired by classes of insured drug buyers testified before a California federal jury Monday that CVS Pharmacy Inc. overcharged 6.6 million class members in six states a total of $123.7 million for generic drugs.

  • June 14, 2021

    Glenmark, Teva In No Rush For January 2022 Criminal Trial

    Glenmark and Teva want a Pennsylvania federal judge to reject the U.S. Department of Justice's proposed January 2022 trial date for criminal price-fixing charges against the generic drugmakers, arguing there's "no reason to rush" the complicated case.

  • June 14, 2021

    Indiana Doctor's Suit Targets 'Monopolist' IU Health System

    A surgeon has accused Indiana University Health and its Bloomington hospital in federal court of aggressively buying up area health care practices so it can dominate the region's health care system, driving up costs and reducing patient services.

  • June 14, 2021

    Insulin Makers Blast Patients' 3rd Bid For RICO Claims

    Drugmakers Novo Nordisk, Sanofi-Aventis and Eli Lilly and Co. have urged a New Jersey federal judge to nix state racketeering claims filed by diabetics over allegedly excessive insulin prices for the same reason the court previously tossed the federal versions: the consumers didn't buy the medication directly from the companies.

  • June 14, 2021

    Cooley-Led Customer Software Firm Leads 9 IPO Launches

    Customer management software firm Sprinklr Inc. on Monday launched plans for an estimated $361 million initial public offering, the largest offering among nine companies to join June's growing IPO pipeline that could raise nearly $1.6 billion combined.

  • June 14, 2021

    RI Senate Panel OKs Legalizing, Taxing Cannabis

    Rhode Island would legalize and regulate cannabis and impose taxes of up to 20% on the sale of cannabis for adults under a bill advanced Monday by a Senate legislative committee.

  • June 14, 2021

    Insulin Pen Buyers Can Name Sanofi's Puerto Rico Unit In Suit

    Lantus insulin pen buyers can file a new antitrust class action against Sanofi-Aventis in order to name the drugmaker's Puerto Rico subsidiary as a defendant and two more companies as plaintiffs, a Massachusetts federal magistrate has ruled.

  • June 14, 2021

    Biden Keeps Trump's Proposal To Curb March-In Rights

    The Biden administration plans to carry out former President Donald Trump's proposal to limit the government's ability to exercise its so-called march-in rights to override federally funded patented inventions, a controversial move drawing more than 18,000 public comments since it was unveiled in early January.

  • June 14, 2021

    Mallinckrodt Says Ch. 11 Disclosures Have Enough Info

    Drugmaker Mallinckrodt PLC Monday defended the disclosure statement for its proposed Chapter 11 plan, telling a Delaware bankruptcy judge that it has provided creditors with all the information they need to vote on the plan.

  • June 14, 2021

    Anesthesiology Group Aims To Sink Libel Suit Over Articles

    The American Society of Anesthesiologists and several doctors urged a New Jersey federal court to toss a lawsuit accusing them of disparaging the post-surgery pain medication Exparel in the society's medical journal, arguing that scientific criticism doesn't amount to libel.

  • June 14, 2021

    Patients Get Class Cert In Aetna Disc Surgery Lawsuit

    A California federal judge has granted class status to a suit brought by Aetna insurance plan beneficiaries who say the insurer classified lumbar disc replacement surgery as experimental and violated federal benefits law by refusing to cover it.

  • June 14, 2021

    Justices Won't Review Doc's Conviction For Drug Trial Trades

    The U.S. Supreme Court won't rethink a Connecticut cardiologist's conviction for trading a biotech company's stock based on nonpublic clinical trial information, rejecting on Monday a petition that drew support from billionaire businessman Mark Cuban.

  • June 14, 2021

    Purdue Hits Back At Creditor's Motion For Ch. 11 Examiner

    Bankrupt OxyContin maker Purdue Pharma LP attacked a creditor's motion seeking the appointment of a Chapter 11 examiner, telling a New York judge that the creditor's arguments that the debtor's owners steamrolled the company into accepting a $4.5 billion settlement are baseless and would threaten the debtor's proposed Chapter 11.

  • June 11, 2021

    Allergan Unit Must Face Bulk Of Namenda Pay-For-Delay Suit

    Allergan subsidiary Forest Laboratories LLC must face a jury over a union health and welfare fund's class action antitrust claims that pay-for-delay deals kept generic versions of Alzheimer's drug Namenda off the market after a New York federal judge largely rejected the parties' competing bids for a quick win Friday.

  • June 11, 2021

    Mallinckrodt Creditors Question Ch. 11 Drug Sale Process

    The official committee of unsecured creditors in the Chapter 11 case of drugmaker Mallinckrodt PLC objected on Friday to the company's proposed sale of a development-stage pharmaceutical, saying the company didn't run an adequate marketing process and is seeking to sell the asset at too low of a price.

Expert Analysis

  • Lawyer Perfectionism Is A Disease We Can Control

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    The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

  • 5 Tips To Help Your 2021 Summer Associates Succeed

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    Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.

  • 5 Current Ad And Marketing Legal Risks To Watch Out For

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    As companies respond to changing circumstances including the COVID-19 pandemic and ongoing social justice struggles, they should be aware of advertising, marketing and promotion practices that may increase scrutiny from regulators, competitors and class action plaintiffs, say Amanda Beane and Jason Howell at Perkins Coie.

  • Opinion

    It's Time For States To Enact Effective Marijuana DUI Laws

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    The increasing legalization of recreational marijuana spotlights the need for states to safeguard the public by developing laws to curb driving under the influence of drugs with uniform bright-line rules, along with more accurate testing and increased law enforcement training, say Laura Sedrish at Jacoby & Meyers and Victor Schwartz at Shook Hardy.

  • Firms Should Use Surveys To Make Smart Legal Tech Choices

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    The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.

  • Insurance Ruling Clarifies Excess Coverage For Opioid Suits

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    A Pennsylvania federal court's ruling this week in Giant Eagle v. American Guarantee Insurance, reversing an earlier finding that two excess insurers had duties to defend opioid injury suits, provides invaluable assurance to excess carriers that opioid defendants can’t use immense defense costs as a basis to leapfrog their primary coverage, says Adam Fleischer at BatesCarey.

  • Rebuttal

    There Is No 'Junk Science' Epidemic In Consumer Litigation

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    While corporations and tort reform groups seek to discredit plaintiffs' evidence as "junk science," as seen in a recent Law360 guest article, expert testimony standards apply to both sides of the aisle, and there is no evidence that junk is supplanting justice in consumer litigation, says Leigh O'Dell at Beasley Allen.

  • Don't Forget Due Diligence In Race For Lateral Associate Hires

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    Amid high demand for associates and aggressive competition to attract talent, law firms should take three key steps to conduct meaningful prehire due diligence and safeguard against lateral hiring mistakes that can hurt their revenue and reputation, says Michael Ellenhorn at Decipher.

  • New Circuit Split Complicates Domestic Securities Test

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    The First Circuit’s recent holding in U.S. Securities and Exchange Commission v. Morrone cements a new circuit split over when a securities transaction is considered domestic, introducing new wrinkles to the already-vague standards courts have relied on to interpret the U.S. Supreme Court's Morrison test, say Eric Belfi and David Saldamando at Labaton Sucharow.

  • Addressing Environmental Justice As Part Of ESG Initiatives

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    Recent calls for racial equity and government regulators' increasing focus on social and environmental concerns make this a good time for companies to integrate environmental justice into their environmental, social and governance efforts, say Stacey Halliday and Julius Redd at Beveridge & Diamond, and Jesse Glickstein at Hewlett Packard.

  • Rebuttal

    HIV Drug IP Waiver Success Should Guide COVID Vax Rollout

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    A Law360 guest article's recent argument that waiving patent protections for COVID-19 vaccines would discourage innovation and harm U.S. industry doesn't hold up against the World Trade Organization's successful compulsory licensing of HIV and AIDS drugs in the early 2000s, says Francis Ssekandi at IPM Associates.

  • Lessons In Civility From The Alex Oh Sanctions Controversy

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    Alex Oh’s abrupt departure from the U.S. Securities and Exchange Commission and admonishment by a D.C. federal judge over conduct in an Exxon human rights case demonstrate three major costs of incivility to lawyers, and highlight the importance of teaching civility in law school, says David Grenardo at St. Mary's University.

  • A Practical Metric For Annual Patent Filing Targets: Part 1

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    Analyzing recent National Science Foundation data, Michael Sartori and Matthew Welch at Baker Botts propose an objective, practical metric to help companies determine a target for the number of nonprovisional utility patent applications to file annually based on comparisons of research and development spending among similar companies.

  • Navigating Development Bank COVID-19 Relief Probes

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    Multilateral development bank investigations into COVID-19 recovery projects are on the rise and could result in temporary suspension, followed by the spillover effects of cross-debarment and criminal prosecution, say Joshua Ray and Salomé Lemasson at Rahman Ravelli.

  • Opinion

    Biz Record Admissibility Rule Must Adapt To An ESI World

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    The federal rule that permits the use of business records as evidence must be amended to address the unreliability of electronically stored information and inconsistent court frameworks on email admissibility, say Josh Sohn and Nadia Zivkov at Stroock.

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