Life Sciences

  • June 08, 2021

    'Job Sharing' Plan Not Required Under ADA, 4th Circ. Says

    The Fourth Circuit ruled Tuesday that dividing the workload of a single, full-time position between two employees doesn't count as a reasonable accommodation under the Americans with Disabilities Act if it requires the employer to create a new part-time role.

  • June 08, 2021

    2 Firms Seek $3.75M For $17.5M Nutraceutical Suit Deal

    Bernstein Litowitz Berger & Grossmann and Kessler Topaz Meltzer & Check are seeking a $3.75 million fee award for brokering a proposed $17.5 million deal to end a Delaware Chancery Court suit over Nutraceutical's $446 million sale to a private equity firm in 2017.

  • June 08, 2021

    AGs Back Bid To Close Sackler Family's Liability Loophole

    A bipartisan pair of attorneys general on Tuesday urged lawmakers to close a Bankruptcy Code loophole that could help members of the Sackler family avoid civil liability for their role in the opioid crisis through Purdue Pharma LP's bankruptcy case.

  • June 08, 2021

    Venable Picks Up Hatch-Waxman Trial Veteran

    Venable's New York offices have picked up a partner from McGuireWoods who has spent the last two decades working trials in Hatch-Waxman Act cases on behalf of pharmaceutical giants like Pfizer and Sanofi.

  • June 08, 2021

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

    COVID-19 mitigation measures largely nourished the food and beverage industry this past week, which ushered in a restaurant comeback plan in California and free drinks for vaccinated bar patrons in Illinois.

  • June 08, 2021

    Biden Aims To Jolt Lagging Supply Chains

    The White House on Tuesday unveiled a sweeping plan to resolve supply chain difficulties that were exacerbated by the COVID-19 pandemic, including a bevy of investments in domestic production and a new "strike force" that will consider trade enforcement moves.

  • June 08, 2021

    Teva Fights To Invalidate Astellas' Urinary Drug Patent

    Teva has urged a London court to invalidate a U.K. patent held by Astellas for a urinary incontinence drug because it allegedly involves an obvious scientific formula, as the generic drug giant hit back at the Japanese pharmaceutical company's infringement lawsuit.

  • June 07, 2021

    CBD Cream Seller Seeks Sanctions Over 'Frivolous' IP Claims

    A California-based hemp products merchant has renewed its push for sanctions against a Florida company that it said has once again brought "objectively frivolous" claims in connection with the purported theft of a secret formula for CBD topical cream.

  • June 07, 2021

    Panel Rules Pfizer Can't Get New MDL Over Cancer Drug IP

    The Judicial Panel on Multidistrict Litigation Friday declined to consolidate eight more abbreviated new drug application suits brought by Pfizer accusing generic-drug makers of infringing a breast cancer treatment patent, finding the cases are too similar to an existing MDL in Delaware federal court.

  • June 07, 2021

    Fed. Circ. Mulls Mixed PTAB Rulings In Teva Antibody IP Fight

    A Federal Circuit panel hinted Monday that the Patent Trial and Appeal Board's reasoning might not have been entirely sound in a battle between Teva and Eli Lilly over a mixed bag of board decisions on antibody patents covering Teva's blockbuster migraine drug Ajovy.

  • June 07, 2021

    CytoDyn Brass Hyped COVID Drug, Dumped Shares, Suit Says

    Biotech company CytoDyn Inc. executives have been hit with a derivative suit in a Washington federal court, accusing the company of inflating its stock price by overhyping a purported COVID-19 treatment while executives dumped millions of shares.

  • June 07, 2021

    Perrigo Drug's Pricing Way Off, Expert Says In $163M Tax Trial

    The $466 million an Israeli subsidiary of Irish drugmaker Perrigo Co. earned from sales of a heartburn medication "in no way can possibly comply" with transfer pricing law, an economist said Monday during the company's $163 million tax trial.

  • June 07, 2021

    Artificial Intelligence Startup Leads Wave Of 4 IPO Candidates

    Artificial intelligence-focused startup WalkMe Ltd. launched plans on Monday for an initial public offering estimated to raise $282 million, one of four companies to bolster June's growing IPO pipeline with offerings that could raise $659 million combined, guided by nine law firms total.

  • June 07, 2021

    Too Late To Change Hormone Pellet Complaint, Ill. Panel Says

    An Illinois state appellate panel said Friday that a woman was correctly denied a chance to amend her complaint seeking to hold a hormone therapy company liable after she developed and was treated for cancer allegedly caused by hormone-infused pellets.

  • June 07, 2021

    Justices Won't Hear Challenge To FDA Regulation Of E-Cigs

    The U.S. Supreme Court on Monday declined to hear a case challenging the U.S. Food and Drug Administration's 2016 rule extending tobacco regulations to vaping products, leaving a Fifth Circuit ruling upholding the rule in place.

  • June 07, 2021

    Cooley, Skadden Steer $2.1B Deal For Primary Care Provider

    Publicly traded health clinic operator 1Life Healthcare has agreed to buy private equity-backed primary care provider Iora Health for roughly $2.1 billion, the companies said Monday, in a deal put together with help from respective legal advisers Cooley and Skadden.

  • June 07, 2021

    Horse-Doper's Light Sentence No 'Bellwether,' Judge Warns

    A New York federal judge said Monday that a legally blind woman ensnared in a federal crackdown on racehorse doping can avoid prison due to her poor health, but cautioned against viewing the sentence as a "bellwether" for similar conduct.

  • June 07, 2021

    Clinical Trials Manager Settles SEC Insider Trading Suit

    A former Neuralstem Inc. clinical trials manager tipped her partner to bad company news, allowing him to avoid over $103,000 of investment losses, the U.S. Securities and Exchange Commission said Monday, announcing that the couple has agreed to pay over $325,000 in penalties.

  • June 07, 2021

    Ex-Pharma Co. Workers Must Arbitrate Whistleblower Claims

    The New Jersey state appeals court affirmed Monday that two former employees of a Gilead Sciences Inc. unit must resolve their whistleblower claims out of court, reasoning that the language in the company's arbitration agreement wasn't ambiguous.

  • June 07, 2021

    FDA OKs Biogen Alzheimer's Drug Despite Evidence Issue

    The U.S. Food and Drug Administration on Monday approved Biogen's Alzheimer's drug aducanumab, despite an advisory panel's call that the agency shouldn't be so quick to embrace the biotech company's claims that the drug is effective against Alzheimer's.

  • June 07, 2021

    JPML Sends McKinsey Opioid Cases To New MDL

    The Judicial Panel on Multidistrict Litigation on Monday created a new MDL in California federal court for a barrage of lawsuits over McKinsey & Co.'s role in prescription opioid marketing, keeping the cases out of the existing opioid MDL in Ohio federal court.

  • June 07, 2021

    Monsanto Asks 11th Circ. To Create Roundup Label Precedent

    In a question of first impression for the Eleventh Circuit, Roundup maker Monsanto has urged the appellate court to rule that federal law preempts state law claims alleging the company failed to warn weedkiller buyers that a chemical in the product causes cancer.

  • June 07, 2021

    Biotech Insider Gets 6 Mos. For Trading On Deal Talks

    A former biotech executive who admitted to trading stock based on insider knowledge about a sale of Dimension Therapeutics Inc. will serve six months in prison and another six under house arrest, a Massachusetts federal judge said Monday.

  • June 04, 2021

    Feds Attack Ex-Theranos CEO's 45-Page Juror Questionnaire

    The 45-page juror questionnaire proposed by ex-Theranos CEO Elizabeth Holmes for her impending fraud trial is "excessive, invasive, and unlikely" to help the California federal court select an impartial jury, federal prosecutors argued.

  • June 04, 2021

    Retailers, Generics Makers Want Out Of Zantac MDL

    Retailers and generics manufacturers asked a Florida federal court Friday to let them exit a multidistrict litigation over heartburn medication Zantac, arguing they're the wrong targets for the claims regarding a carcinogen found in the drug.

Expert Analysis

  • How Tuna Antitrust Ruling Affects Job Bias Class Actions

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    Employment discrimination class actions that rely on statistical representations could look different following the recent Olean v. Bumble Bee antitrust ruling, due to the Ninth Circuit's scrutiny of models that obscure the extent of uninjured plaintiff membership, say attorneys at Orrick.

  • What High Court Is Considering In Assignor Estoppel Case

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    At U.S. Supreme Court oral arguments Wednesday in Minerva Surgical v. Hologic, the justices seemed receptive to materially limiting a doctrine precluding patent assignors from attacking the validity of patent rights, and several important policy questions and business implications will need to be addressed after the decision, says Ben Clark at BCLP.

  • Opinion

    Revise Mansfield Diversity Mandates To Also Benefit Veterans

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    The well-intentioned efforts and salutary purposes of the legal industry's Mansfield Rule diversity metric are tainted by the Diversity Lab initiative's omission of veterans, who are underrepresented at large law firms and entitled to advantageous treatment based on more than 200 years of public policy, says Robert Redmond at McGuireWoods.

  • What FTC Victory Means For Reverse Payment Settlements

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    In upholding a Federal Trade Commission ruling that Impax Laboratories engaged in an illegal reverse payment settlement with Endo Pharmaceuticals over its patented opioid, the Fifth Circuit employed an overly deferential standard of review that will make settlements more difficult and delay generic drug entry dates, say attorneys at Baker Botts.

  • Mapping The Predicate Chain For Medical Device Approval

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    Omar Robles at Emerging Health analyzes the potential magnitude of predicate chains created by the 510(k) pathway for medical device approval, in light of common criticism that the approval process can create chains of devices that reach the marketplace without recent clinical testing.

  • Bankruptcy Litigation Could See More Third-Party Funding

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    The next few years could be an opportune time for bankruptcy litigants to capitalize on the advantages of third-party financing as the obstacles to its use — including attorney ethics issues and prohibitions against champerty — seem to be clearing at a slow but steady pace, say Daniel Simon and Natalie Rowles at McDermott.

  • Perspectives

    States Must Factor Race In COVID-19 Vaccine Prioritization

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    In order to ensure equity and efficiency in controlling the pandemic, states should use race as a factor in vaccine prioritization — and U.S. Supreme Court precedent on affirmative action and racial integration offers some guidance on how such policies might hold up in court, say law professors Maya Manian and Seema Mohapatra.

  • WFH And DIY May Spell Uptick In Consumer Product Suits

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    With people spending more time at home during the pandemic, purchases of recreation equipment, home improvement supplies and other products rose — so manufacturers should take steps now to prepare for a likely increase in product liability litigation, say Jennifer Bullard and Dan Bauch at Bowman and Brooke.

  • Lessons From Federal Fraud Charges Against UBiome

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    The U.S. Department of Justice's and U.S. Securities and Exchange Commission's recent fraud allegations against uBiome executives illustrate the challenges of navigating interactions between clinical testing companies, health insurers and government oversight efforts, say attorneys at Debevoise.

  • Why The Future Law Firm Model Is Industry-Based Offerings

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    Multidisciplinary, industry-based groups at law firms allow for more holistic legal advice, lead to sustainable client relationships, and are likely to replace practice group monoliths at many firms, say Jennifer Simpson Carr at Furia Rubel, Timothy Corcoran at Corcoran Consulting and Mike Mellor at Pryor Cashman.

  • 9th Circ. Shows How Stats Shore Up Rejection Of Class Cert.

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    The Ninth Circuit's recent Olean v. Bumble Bee decision, decertifying three buyer classes in multidistrict price-fixing litigation due to a meaningful number of uninjured class members, aligns it with most other circuits and illuminates the need for rigorous analysis of statistical evidence at the certification stage, say attorneys at Weil.

  • 6 D&O Provisions To Consider When Buying SPAC Insurance

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    As directors and officers insurance strives to keep up with the unique risk profiles of special purpose acquisition companies, D&O policy language distinctions can make a critical difference in whether claims against SPACs are covered, says Stephen Raptis at Haynes and Boone.

  • How Companies Should Respond To Patent Diversity Bill

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    A recent bipartisan patent bill aiming to narrow the gender and diversity gap of inventors offers companies an opportunity to consider whether and how to comply with the proposed collection of demographic data and to take several independent steps to increase inventor diversity, says Margaret Welsh at Baker Botts.

  • Defending Against 'Entrepreneurial Model' Class Actions

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    Many contemporary class actions exhibit the problematic features of the so-called entrepreneurial model of lawyer-driven litigation, but these features can be leveraged by defendants on issues from standing to certification to merits, says Mitchell Morris at Butler Snow.

  • Opinion

    Mass Tort Defendants Exploit Bankruptcy Rules To Avoid MDL

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    The cases of Purdue Pharma, Boy Scouts of America, USA Gymnastics and Takata are just four recent examples of mass tort defendants using bankruptcy preemption to escape multidistrict litigation and exploiting Bankruptcy Code loopholes to reach settlement, leaving future mass tort victims with no recourse, says Samir Parikh at the Lewis & Clark Law School.

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