Life Sciences

  • June 16, 2022

    Rising Star: Ropes & Gray's Emily Oldshue

    Ropes & Gray LLP partner Emily Oldshue has led a number of major deals for life sciences companies in the last year, including several multibillion-dollar acquisitions by Pfizer, earning her a spot among the life sciences attorneys under age 40 honored by Law360 as Rising Stars.

  • June 15, 2022

    SF Opioid Crisis Not From Allergan's Market Share, Judge Told

    An economics expert for Allergan testified Wednesday in a bellwether opioid bench trial that the "extremely small" market share and promotion done for the company's two branded opioids could not have substantially contributed to San Francisco's opioid crisis.

  • June 15, 2022

    J&J Keeps Victory Over Defective Mesh Claims At 7th Circ.

    Johnson & Johnson properly defeated product liability claims from a woman who alleged the company's surgical mesh implants caused her serious injuries because she didn't have enough evidence to sufficiently link the implants to her injuries, the Seventh Circuit said Wednesday.

  • June 15, 2022

    DaVita Must Return Rather Than Destroy No-Poach Docs

    A Colorado federal judge on Wednesday ordered DaVita to return rather than destroy confidential documents produced by the U.S. Department of Justice in its failed criminal no-poach case against the dialysis giant, giving a minor win to follow-on civil plaintiffs who hoped the documents would be preserved for possible use in their litigation.

  • June 15, 2022

    Insurers Should Pay For Medical Pot In New Mexico, Suit Says

    New Mexico residents who pay out of pocket for medical marijuana to treat behavioral and mental health disorders are suing several insurance companies in state court, saying it's the insurers who should foot the bill.

  • June 15, 2022

    Novartis Can't Keep Bristol-Myers Arbitral Award Under Wraps

    A New York federal judge said she won't seal an arbitration panel's decision siding with Bristol-Myers in Novartis' fight against paying royalties for the use of patented test mice, finding that confidentiality went out the window once the public court was asked to enforce the award.

  • June 15, 2022

    Zydus Blasts Takeda's Patent Abuse 'Blueprint' At 3rd Circ.

    Zydus Pharmaceuticals Inc. has urged the Third Circuit to revive antitrust counterclaims accusing Takeda Pharmaceutical Co. Ltd. of using sham patent infringement allegations to artificially delay generic-drug competition, warning that Takeda's lower court win creates a road map to anti-competitively game the patent process.

  • June 15, 2022

    Fla. Medical Device Co. Hits Ch. 11 Amid Ex-CEO Litigation

    Stimwave Technologies Inc. filed for Chapter 11 protection in Delaware on Wednesday in the midst of Chancery Court litigation with its ex-CEO over allegations of financial and operational mismanagement by the former leadership team.

  • June 15, 2022

    Objector Tells 11th Circ. Atty Fees Too High In $8M Class Deal

    An attorney who purchased an allegedly misleading brain performance supplement has asked the Eleventh Circuit to reverse approval of an up to $8 million class settlement against its makers, saying the $2.9 million attorney fee component is too high and the settlement is not worth what it purports to be.

  • June 15, 2022

    FDA Panel Backs Moderna, Pfizer Vaccines For Young Kids

    A U.S. Food and Drug Administration advisory panel voted unanimously Wednesday to endorse Moderna's COVID-19 vaccine for children between 6 months and 5 years old and Pfizer's vaccine for kids between 6 months and 4 years old.

  • June 15, 2022

    Biotech Farming SPAC Merger Creates $504M Public Co.

    Molecular farming and food technology company Moolec Science, advised by Linklaters LLP, plans to go public by merging with shell company LightJump Acquisition Corp, led by K&L Gates LLP, creating a business valued at $504 million, according to an announcement Wednesday.

  • June 15, 2022

    Judge Trims CEO's Bonus Pay At His Last Purdue Hearing

    A New York bankruptcy judge on Wednesday wound down more than two and a half years presiding over Purdue Pharma LP's contentious Chapter 11 with a ruling approving a trimmed-down incentive payment package for the opioid maker's CEO.

  • June 15, 2022

    Feds Hit Nursing Home With FCA Suit Over 'Nonexistent' Care

    The U.S. Department of Justice has sued a nursing home operator in Pennsylvania federal court, accusing it of fraudulently billing Centers for Medicare & Medicaid Services for often "nonexistent care," including one instance which allegedly resulted in a mental health patient dying by suicide.

  • June 15, 2022

    Rising Star: Goodwin Procter's William D. Collins

    William Collins of Goodwin Procter LLP helped a biotech client secure $700 million in financing and later go public at a $3 billion enterprise value by merging with a special purpose acquisition vehicle, earning him a spot among the life sciences law practitioners under age 40 honored by Law360 Rising Stars.

  • June 15, 2022

    Wilson Sonsini Adds Cooley Lateral In New Boulder Office

    Wilson Sonsini Goodrich & Rosati PC has announced its hire of a longtime corporate lawyer focused on life sciences companies from Cooley LLP to build its recently-launched office in Boulder, Colorado.

  • June 15, 2022

    WTO Summit Extended Amid A Scramble For Consensus

    World Trade Organization leaders on Wednesday announced that the ministerial summit in Geneva would be extended by one day as top trade officials strive for deals covering vaccine distribution, fisheries subsidies, food security and more.

  • June 15, 2022

    High Court Rejects Medicare's $1.6B Cut To Hospital Drug Pay

    The U.S. Supreme Court on Wednesday overturned a massive pay cut for hospitals in a controversial drug-discount program, finding that the U.S. Department of Health and Human Services improperly failed to gather crucial pricing information.

  • June 14, 2022

    Fla. Pharmacy Owner Gets 14-Year Sentence For Mail Fraud

    A Florida pharmacy owner convicted of committing mail and health care fraud in a billing scheme has been sentenced to more than a decade in federal prison, according to a judgment entered in Tennessee federal court Tuesday.

  • June 14, 2022

    SF Opioid Judge Not 'Sympathetic' To City's Scheduling Issue

    The California federal judge overseeing a bellwether bench trial in multidistrict opioid litigation said Tuesday that after defendants Anda, Allergan, Teva and Walgreens rest their case, San Francisco can't delay its rebuttal, saying he was "not terribly sympathetic" to the city's witness scheduling problems.

  • June 14, 2022

    'Huge Problem': FDA Leaders Fear Collapsing Trust In Agency

    The U.S. Food and Drug Administration's credibility is suffering because of confusion and "misinformation" surrounding its COVID-19 vaccine authorizations and accelerated drug approvals, current and former FDA leaders said Tuesday at a major legal gathering.

  • June 14, 2022

    Bristol-Myers Urges Justices To Ax 'Impossible' Patent Rule

    Appealing a decision that erased its $1.1 billion victory in a cancer therapy case, a Bristol-Myers unit told the U.S. Supreme Court on Monday the Federal Circuit's requirement that patents demonstrate "possession" of an invention flouts the law and is often "simply impossible to meet."

  • June 14, 2022

    Impax Got Earliest Possible Generic Opana Entry, Jury Hears

    In an ongoing antitrust trial over an alleged pay-for-delay scheme surrounding Endo Pharmaceuticals' Opana ER painkiller, a former Impax Laboratories executive testified Tuesday that the generic-drug maker had always pushed to bring its version to market as soon as possible.

  • June 14, 2022

    'It's Time To Rethink Everything,' Vidal Says

    U.S. Patent and Trademark Office Director Kathi Vidal said Tuesday that it's time to consider the next big changes in patent law after the America Invents Act, while also pushing smaller agency changes through as soon as possible.

  • June 14, 2022

    Kentucky Gov. Creates Medical Cannabis Advisory Group

    Kentucky Gov. Andy Beshear issued an executive order on Tuesday creating a committee staffed by medical professionals, advocates, government officials and a Dickinson Wright PLLC lawyer to advise him on providing "relief" to Kentuckians through access to medical cannabis.

  • June 14, 2022

    NY Panel Upholds Botanical Garden's Virus Coverage Win

    The New York Botanical Garden's suit for pandemic coverage can continue because its insurer failed to show that the policy it issued only afforded coverage when the Bronx-based garden couldn't access its property at all, a state appellate panel decided Tuesday.

Expert Analysis

  • ERISA Ruling Shows Lax Enrollment Practices Can Be Costly

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    The Eighth Circuit’s recent decision in Skelton v. Reliance Standard, finding that a life insurance company breached its Employee Retirement Income Security Act fiduciary duties by accepting premiums without approving coverage, admonishes insurers to communicate with employers and to maintain clear records of eligible enrolled participants, says Mark DeBofsky at DeBofsky Sherman.

  • The State Of Intradistrict Venue Transfer In West Texas

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    Parties litigating in the Waco Division of the Texas federal courts — home of the judge with the most patent cases in the country — have the option of requesting transfer for convenience to other divisions in the Western District of Texas and should be aware of how that process has evolved in the past several years, says Clarence Rowland at O’Melveny.

  • What FDA Warning Letters Signal About Delta-8 Enforcement

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    The U.S. Food and Drug Administration’s recent warning letters to five companies represent the agency’s first attempt to target products containing Delta-8 THC, and suggest that it will likely follow its CBD playbook, using a risk-based strategy that focuses on products appealing to children and those making unapproved health claims, say attorneys at Perkins Coie.

  • Nev. Case Highlights Settlement Authority Dilemmas For Cos.

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    A Nevada federal court's recent decision in Ceja v. The Vons Companies illustrates the pitfalls of misinterpreting a court order requiring a representative with full settlement authority to be present at negotiations, and is a reminder to consider that courts differ as to what full settlement authority means in practice, says Richard Mason at MasonADR.

  • Finding Uninjured Consumers In Drug Antitrust Class Actions

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    In recent pharmaceutical antitrust class actions with highly aggregated economic models reliant on the use of averages, the presence of uninjured class members can be hard to discern, but careful analysis can identify them — and can ultimately lead to decertification of the class, say George Korenko and Tram Nguyen at Edgeworth Economics.

  • Pharma Products' Uncertain Path To Patient Assistance

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    In light of the government's recent concerns about contributions to patient assistance programs, pharmaceutical manufacturers may wish to align their compliance policies and procedures with those outlined in the U.S. Department of Justice's corporate integrity agreements, says Jennifer Michael at Bass Berry.

  • 2 Approaches To NY Choice Of Law In Employment Contracts

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    Two differing New York federal court decisions on restrictive covenants should be taken into account by employers and employees arguing for or against the application of a choice-of-law provision in New York courts, say John Chun and Silvia Stockman at Herrick Feinstein.

  • The Fastest Federal Trial Courts: A Look At Virginia, Florida

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    The Eastern District of Virginia rocket docket and the Northern District of Florida were last year’s fastest civil trial courts in the nation, and interviews with two of their judges reveal they have some of the same practices to keep litigation moving efficiently, says Robert Tata at Hunton.

  • Bid Protest Spotlight: Late-Is-Late, Party Interest, Timeliness

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    In this month's bid protest roundup, Caitlin Crujido at MoFo looks at decisions from the U.S. Government Accountability Office and U.S. Court of Federal Claims highlighting the importance of allowing sufficient time when submitting proposals for discovery and correction of any technical glitches, and the requirements for establishing interested-party status and protest timeliness.

  • Tips For Evaluating Machine Learning For Contracts Review

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    Law firms considering machine learning and natural language processing to aid in contract reviews should keep several best practices in mind when procuring and deploying this nascent technology, starting with identifying their organization's needs and key requirements, says Ned Gannon at eBrevia.

  • How Russia's Parallel Import Order May Affect Companies' IP

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    The Russian government's new decree legalizing parallel imports of certain goods will likely make it difficult for international manufacturers to protect their intellectual property rights in Russia, though some potential avenues of negotiation remain, say attorneys at Morgan Lewis.

  • Why Cos. Are Betting On Cannabis Drinks Despite Legal Risks

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    Beverage and cannabis companies are investing in THC- and CBD-infused drinks as these products become increasingly popular for their health and social benefits, but drink makers must navigate a gantlet of federal and state regulations dictating everything from proper storage to serving size, says Seth Goldberg at Duane Morris.

  • How To Efficiently Deploy Your Professional Growth Strategy

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    Lana Manganiello at Equinox Strategy Partners discusses how time-strapped legal professionals can efficiently implement a professional growth framework by focusing on only the most effective actions to build the reputation and relationships key to their ideal practice.

  • A 6-Step Framework For Legal Industry Professional Growth

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    Lana Manganiello at Equinox Strategy Partners discusses how implementing a professional growth framework will help legal professionals gain expertise in a relevant niche to build credibility, focus marketing efforts and build an ideal practice.

  • Why Contempt May Be Apt Punishment For High Court Leaker

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    Contempt of court is an overlooked but potentially effective tool to punish whoever leaked the draft opinion overruling Roe v. Wade and protect the integrity of the U.S. Supreme Court, says Michael Zuckerman at Zuckerman Dispute Resolution.

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