Life Sciences

  • June 17, 2021

    Sens. Advance BigLaw Picks For Fed. Circ., DOJ Criminal Div.

    A Senate panel on Thursday easily advanced the nominations of a Perkins Coie partner for the Federal Circuit and a Morgan Lewis partner to lead the Criminal Division of the U.S. Department of Justice.

  • June 17, 2021

    Cosmetics Trade Group Escapes J&J Asbestos-In-Talc MDL

    New Jersey's top federal judge has tossed claims against a nonprofit cosmetics trade association in multidistrict litigation over the alleged link between Johnson & Johnson's talcum powder products and ovarian cancer, finding that the group does not have a "legal duty to consumers" to make sure the products are safe.

  • June 17, 2021

    HHS Chief Faces Call To Fire FDA Brass After Biogen Approval

    A nonprofit consumer advocate wants U.S. Food and Drug Administration decision makers behind the controversial approval of the first Alzheimer's treatment in nearly two decades to leave their positions.

  • 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.

Expert Analysis

  • 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.

  • Lessons From COVID Securities Rulings On Dismissal Bids

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    Motions to dismiss the first pandemic-related securities class actions were met with varying degrees of success, but show that plaintiffs still face hurdles bringing claims related to COVID-19's impact on a company's operations, and highlight ongoing litigation and enforcement risks issuers should consider, say Robert Long and Elizabeth Clark at Alston & Bird.

  • Overlooked Patent Cases: Preclusion's Effect On Settlement

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    Recent, potentially overlooked federal district court decisions expanding the scope of a patent litigation preclusion doctrine demonstrate that parties must consider the long-reaching preclusive impact of dismissing suits with prejudice when drafting terms of settlement agreements, say attorneys at Akin Gump.

  • What Attorneys Should Know About State MDLs

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    Many state courts have their own systems for consolidating cases that both resemble and differ from federal multidistrict litigation, and practitioners should understand the advantages and disadvantages of state MDL procedures for particular litigation, say Zachary Clopton at Northwestern Law and Theodore Rave at University of Houston Law.

  • Opinion

    Justices Must Weigh Class Cert. Denial Stats In Goldman Case

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    In resolving the issues presented in Goldman Sachs v. Arkansas Teacher Retirement System, the U.S. Supreme Court should consider the infrequency with which class certification is denied in securities class actions, and the high costs inflicted on publicly traded companies and their investors, say Jared Gerber and Allison Kim at Cleary.

  • Courts Are Aligning Patent Fraud, Inequitable Conduct Claims

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    Case law from the decade since the Federal Circuit decided Therasense v. Becton Dickinson reveals that courts are largely offering equivalent treatment to claims alleging enforcement of fraudulently obtained patents in antitrust cases and inequitable conduct claims in infringement cases, say Anne Brody at Gibson Dunn and Elisabeth Ponce at AlphaSights.

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