Life Sciences

Expert Analysis

• Thought Leadership's Critical Role In Law Firm Diversity

  

  Minority attorneys are often underrepresented in conferences, media interviews and other law firm thought leadership campaigns, which affects their visibility with potential clients and their ability to advance at their firms, says John Hellerman at Hellerman Communications.

• Opinion

  The Right Approach To Personal Jurisdiction In Class Actions

  

  Since the U.S. Supreme Court's 2017 decision in Bristol-Myers Squibb Co. v. Superior Court, three approaches to personal jurisdiction over absent class members have emerged in the lower courts, but only one comports with due process and limitations on procedural devices imposed by the Rules Enabling Act, say David Kouba and Andreas Moffett at Arnold & Porter.

• Where Health Care Enforcement Is Headed Under Biden

  

  Early actions by President Joe Biden's administration signal a robust health care enforcement environment in which federal agencies will aggressively scrutinize pandemic-related and Medicare Advantage fraud, nursing homes, and medical technology, and False Claims Act activity will likely increase, say attorneys at Alston & Bird.

• What Associates Should Consider Before Switching Practices

  

  The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

• Key Takeaways From FDA Warnings To CBD Cos.

  

  Two warning letters the U.S. Food and Drug Administration recently issued to makers of CBD products highlight the agency's chief enforcement concerns, but leave some uncertainties regarding the future of CBD regulation, say Kristi Wolff and Donnelly McDowell at Kelley Drye.

• Mitigating Anti-Kickback Risks Of Health Tech Stock Warrants

  

  While stock warrants are a practical way for the health technology industry to finance growth, companies should utilize statutory safe harbors to mitigate federal Anti-Kickback Statute compliance risks, which could arise from an improperly structured arrangement that encourages referral of business to a vendor, say Meenakshi Datta and Jon Zucker at Sidley.

• 4 Effective Ways To Prioritize Client Advocacy

  

  To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

• FDA Letters Suggest Scrutiny Of Virus And Vaping Products

  

  The U.S. Food and Drug Administration stepped up its issuance of warning letters during the first quarter of 2021, and focused particularly on products for diagnosing, treating and preventing COVID-19, and on vaping products — so manufacturers and retailers in these sectors should intensify their marketing compliance efforts, says Katie Insogna at DLA Piper.

• Remote Law Firm Culture Should Prioritize Associate Training

  

  Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

• Lax Contemporaneity Test Could Buoy Insider Trading Claims

  

  Two recent insider trading rulings from Utah and California federal courts reinforce a liberal reading of the Securities Exchange Act’s standard for what constitutes a contemporaneous trade, which should give plaintiffs confidence to file more of such claims, says Cara David at Pomerantz.

• Ways Universities Can Improve Foreign Influence Compliance

  

  U.S. universities should take practical steps to monitor and effectively manage compliance risks related to collaborative research relationships with China, given the likelihood of continued scrutiny under the Biden administration, says Robert Roach at Guidepost Solutions.

• Virtual Litigation May Unravel The Narcissistic Lawyer

  

  The virtual courtroom limits a narcissistic lawyer's ability to intimidate witnesses and opposing counsel, boast to clients or engage in grandstanding — an unexpected benefit of the global pandemic as some aspects of remote litigation are likely here to stay, says Jennifer Gibbs at Zelle.

• Reaching The Post-Amgen High Bar For Antibody Patents

  

  Although patenting antibodies has become more challenging after the Federal Circuit's recent decision in Amgen v. Sanofi imposed a higher standard for disclosures, many options remain for obtaining robust protection, including filing multiple claim scopes and filing multiple patents temporally, says Joanna Brougher at BioPharma Law.

• 2 Ways High Court Could Reshape Patent Assignor Estoppel

  

  Whether or not the U.S. Supreme Court in Minerva Surgical v. Hologic repudiates a doctrine precluding patent assignors from attacking the validity of the patent rights they assigned in employment or other agreements, it should provide much-needed clarity on it, say David Fox and Christopher Kennerly at Paul Hastings.

• ABA Remote Work Guide Raises Bar For Atty Tech Know-How

  

  A recent American Bar Association opinion on lawyers' ethical duties of competence and confidentiality when working remotely should be viewed as part of a larger movement by which attorneys are being exhorted to develop competence in 21st century technology, say Jennifer Goldsmith at Ironshore and Barry Temkin at Mound Cotton.