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Life Sciences
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June 09, 2022
Tech Pro Becomes Latest Perkins Coie Atty To Jump To MoFo
Morrison Foerster LLP has recruited another Perkins Coie LLP attorney in California — its sixth since the year began — this one a technology and life sciences transactions pro as a partner in the San Diego office.
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June 08, 2022
Drug Industry Didn't Create Nation's Opioid Crisis, Judge Told
An addiction specialist called by the defense in a bellwether trial over claims Teva, Allergan, Anda and Walgreens illegally fueled San Francisco's opioid epidemic testified Wednesday that American's drug abuse problems predate the increased use of prescription opioids and can be pinned on myriad social, cultural and mental health causes.
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June 08, 2022
FTC Probe Into Rx Middlemen May Spark Industry Shakeup
Concerns that pharmaceutical middlemen inflate drug prices and harm patients have led the Federal Trade Commission to launch a probe into the largely unregulated industry, and legal experts say the move could unwind long-settled mergers and open companies up to prosecution.
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June 08, 2022
Costlier Loans Clear Mallinckrodt For Ch. 11 Exit Next Week
Bankrupt drugmaker Mallinckrodt PLC reported Wednesday that its Chapter 11 plan would most likely take effect on June 14, after the eleventh-hour approval of a $650 million exit financing package that replaced — at much higher cost — a $900 million exit financing agreement.
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June 08, 2022
Blood Plasma Co.'s $10M BIPA Deal Gets Early Blessing
CSL Plasma's nearly $10 million deal to resolve more than 74,000 blood donors' finger-scan privacy claims is appropriate, particularly given the risks of litigating biometric privacy questions the Illinois Supreme Court has yet to answer, a federal judge said Wednesday.
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June 08, 2022
Cyprus Sues In Del. Ch. 11 To Block 'Alter Ego' Talc Suits
Bankrupt Cyprus Mines Corp. has launched a Chapter 11 adversary suit in Delaware to block "alter ego" talc personal injury claims against parent company Cyprus Amax Minerals Co. by known or future, unknown alleged victims.
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June 08, 2022
Fed. Circ. Affirms PTAB Ax Of Omni MedSci IP In Apple Row
The Federal Circuit on Wednesday upheld two Patent Trial and Appeal Board decisions that invalidated claims in two Omni MedSci patents on devices for taking noninvasive physiological measurements, solidifying Apple's wins at the board.
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June 08, 2022
Medtronic Hernia Mesh Suits Transferred To Mass. By JPML
The Judicial Panel on Multidistrict Litigation on Tuesday sent a little over 70 suits brought by patients alleging they were injured by hernia mesh products made by a Medtronic unit to Massachusetts federal court, after having declined to consolidate the litigation two years ago.
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June 08, 2022
Hartford Must Pay Medline Legal Fees To End Federal Case
An Illinois federal judge on Tuesday ordered Hartford Fire Insurance Co. to pay part of medical device company Medline Industries Inc.'s legal fees as a condition of dismissing its federal libel coverage lawsuit that has been refiled in state court.
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June 08, 2022
Joint Juice Hit With $1.49M NY Class False Ad Verdict
A California federal jury on Tuesday found that the maker of Joint Juice drink products misled a class of New York consumers about the drinks' health benefits and awarded the plaintiffs $1.49 million in actual damages, wrapping up a weekslong trial.
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June 08, 2022
Rimon Opens Orlando Office With Life Science Atty
Continuing to expand its footprint, Rimon PC has opened a new office in Orlando, adding a Wilson Elser Moskowitz Edelman & Dicker LLP life sciences attorney to serve in the office as partner.
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June 07, 2022
DEA Change In Opioid Policy Created Confusion, Judge Hears
The U.S. Drug Enforcement Administration created "confusion" internally and with prescription drug distributors when it began requiring new suspicious order monitoring systems as opioid use surged around 2006, a San Francisco judge heard Tuesday in recorded testimony played during a bellwether opioid bench trial.
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June 07, 2022
Don't Trust DOJ's 'Pure Ipse Dixit' On FCA Split, Justices Told
The U.S. Department of Justice utterly failed to substantiate its recent assertion that circuit courts have similar standards for specificity in False Claims Act complaints, a hospice whistleblower told the U.S. Supreme Court on Tuesday, echoing corporate criticism of DOJ efforts to downplay the divide.
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June 07, 2022
AGs' Disgorgement Claim Axed In Drug Price-Fixing Case
The Pennsylvania federal judge overseeing sprawling price-fixing litigation against generic-drug makers on Tuesday tossed a disgorgement claim brought by state attorneys general, but kept alive their claim for injunctive relief.
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June 07, 2022
DEA Says Pot Researchers' Suit Belongs In Circ. Court
The U.S. Drug Enforcement Administration once again urged a Rhode Island federal judge to dismiss a medical cannabis research lab's suit accusing the agency of stonewalling its efforts to import and study marijuana, saying the court lacked jurisdiction.
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June 07, 2022
Tivity Investors Win Cert. In Suit Over $1.3B Nutrisystem Deal
A Tennessee federal judge Tuesday certified a class of Tivity Health Inc. investors who blame the healthcare company and its executives for a steep stock slump tied to its $1.3 billion acquisition of Nutrisystem Inc.
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June 07, 2022
FDA Chafes At Drugmaker's Graphic Design In Promo Piece
The U.S. Food and Drug Administration's Office of Prescription Drug Promotion posted on Monday an "untitled letter" — its third this year — to Althera Pharmaceuticals LLC, objecting to the portrayal of safety information in a professional promotional piece for the cholesterol drug Roszet.
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June 07, 2022
Mylan Takes Actelion Drug IP Fight To Fed. Circ.
Mylan Pharmaceuticals Inc. said Tuesday it's appealing to the Federal Circuit a West Virginia district judge's claim construction order after being blocked from selling a generic version of rival Actelion Pharmaceuticals Ltd.'s blood pressure treatment Veletri.
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June 07, 2022
FTC To Probe Pharma Middlemen Over High Drug Prices
The Federal Trade Commission said Tuesday it has launched a probe into the business practices of vertically integrated pharmacy benefit managers, requiring the six largest companies in the industry to hand over business records to help the agency determine whether they are negatively impacting affordability and access to prescription drugs.
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June 07, 2022
WTO Leaders Make Push For Deals Ahead Of Summit
World Trade Organization leaders on Tuesday made a push for members to reach consensus on outstanding trade issues ahead of a ministerial summit slated to kick off next week.
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June 07, 2022
Wis. Judge Blocks Tribal Court Opioid Suit Against McKinsey
The Red Cliff Band of Lake Superior Chippewa Indians can't pursue tribal court claims against McKinsey & Co. for its alleged role in worsening the opioid crisis because the company's actions weren't closely tied enough to the Band's lands to give the tribe jurisdiction over the dispute, a Wisconsin federal judge has ruled.
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June 07, 2022
Merck General Counsel Added To Biotech Company's Board
Merck's general counsel, who earlier in her career worked in-house at the U.S. Food and Drug Administration, has joined the board of directors for Regenxbio Inc., the Maryland-based biotechnology company said Tuesday.
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June 07, 2022
2nd Circ. Gives Salesman Another Shot At Hartford ERISA Suit
The Second Circuit on Tuesday revived a suit alleging Hartford Life & Accident Insurance Co. improperly denied a medical technology salesman's long-term disability benefits, saying the insurer did not adequately respond to his appeal within the mandated time limit.
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June 07, 2022
FDA Panel Backs Novavax's COVID-19 Vaccine
A U.S. Food and Drug Administration advisory panel on Tuesday voted overwhelmingly to approve emergency use of Novavax Inc.'s COVID-19 vaccine for adults, moving the country closer to offering a new option for coronavirus vaccine holdouts.
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June 07, 2022
Goodwin Boosts DC Litigation Team With False Claims Act Pro
Goodwin Procter LLP has added another partner to its litigation bench in Washington, D.C., hiring a former assistant U.S. attorney in the Eastern District of Virginia who specializes in False Claims Act cases.
Expert Analysis
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Remembering An Underappreciated Legal Skill — Listening
Education around listening skills is often neglected amid the dominance of visual media and written communication, and failed lawyering often comes down to an inability to listen accurately, so educators and law firms must prioritize the skill in their training programs, says James Flynn at Epstein Becker.
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DOJ Kickback Concerns Extend Beyond Federal Funds
The U.S. Department of Justice's growing interest in using the Travel Act and the Eliminating Kickbacks in Recovery Act reflects a wider enforcement priority to address kickbacks in the health industry, meaning that companies need to reassess referral-based arrangements even when federal programs are not involved, say Jaime Jones and Brenna Jenny at Sidley.
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Attorneys Can Promote Trade, Security Amid Global Conflict
As nations take sovereign action to fight Russia’s aggression against Ukraine and the international rule of law, attorneys can combine their legal and business tools to help the global systems of trade and security in these troubled times, say Thomas Grant at Cambridge University and Scott Kieff at George Washington University.
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Series
The Future Of Legal Ops: Reining In Outside Counsel Costs
In-house legal departments are under increasing pressure to control spending on outside counsel, but traditional cost-cutting methods — law firm panels, alternative fee arrangements and alternative legal service providers — are limited, making it necessary to establish a more competitive law firm engagement process, say John Burke and Vincenzo Purificato at UBS.
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When Congress Seeks Cos.' Nonpublic Info From Regulators
Increasingly, congressional investigators seek out private parties' confidential documents from the federal agencies that regulate them — and because Congress is uniquely empowered to override nondisclosure protections surrounding nonpublic information, companies must understand the rules and risks involved, say attorneys at Covington.
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Health Care Is In DOJ's Criminal Antitrust Crosshairs
The U.S. Department of Justice's criminal antitrust enforcement in health care has picked up significant momentum in recent years, notably in the industry's labor market, amplifying the importance of proactive compliance programs, say Dylan Carson and Antonio Pozos at Faegre Drinker.
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In Early Mediation, Negotiate With Empathy, Not Threats
With courts encouraging early settlement conferences to tackle the COVID-19 backlog, parties should consider that authenticity, honesty and the ability to see beyond one's own talking points are far more persuasive tools than threats of a distant possible determination by a court or arbitrator, says Sidney Kanazawa at ARC.
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The USPTO May Be Miscalculating Patent Term Adjustments
Because the U.S. Patent and Trademark Office’s patent term adjustment algorithm does not yet fully account for a 2020 revision to how PTA is calculated, patent applicants may be entitled to additional or less PTA, and it is an applicant's responsibility to seek corrections, say attorneys at Troutman Pepper.
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Addressing Problematic Drinking In The Legal Profession
To curb problematic drinking, on the rise during the pandemic, legal employers should implement comprehensive responsible drinking policies that are taken seriously by firm leadership, and provide alternatives for creating a healthy workplace culture, says Anne Brafford at the Institute for Well-Being in Law.
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Rulings, FDA Guidance May Help Food Cos. In Protein Suits
Recent guidance from the U.S. Food and Drug Administration on food labels' protein claims, and a California federal court's dismissal of lawsuits over the same issue, suggest that food manufacturers facing similar litigation can argue that FDA labeling rules preempt customer claims, say attorneys at MoFo.
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Transforming Law Firms' Diversity Intent Into Real Progress
In order for law firms to convert their diversity and inclusion activity into lasting advancements, they must prioritize accountability and transparency when crafting policies, and take steps to engage with attorneys and staff at all levels, say Jacqueline Simonovich at Weintraub Tobin and Lindsey Mignano at Smith Shapourian.
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Where DOJ Is Heading On Consumer Protection Enforcement
A first-ever annual report from the U.S. Department of Justice Civil Division's Consumer Protection Branch highlights its recent accomplishments, previews coming enforcement trends and shows that the CPB is actively seeking new areas in which to apply its broad enforcement mandate, say attorneys at Wiley.
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Opinion
Justices Must Apply Law Evenly In Shadow Docket Rulings
In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.
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Tips For Negotiating Litigation Funding Agreements
Allen Fagin and Ralph Sutton at Validity Finance break down the key components of litigation funding term sheets — from return calculations to funder involvement — and explain what law firm leaders should keep in mind when negotiating these provisions.
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What's Notable In DOJ's 1st Cyber-Fraud Initiative Settlement
The U.S. Department of Justice recently announced its first settlement under the Civil Cyber-Fraud Initiative, and this case involving Comprehensive Health Services gives some further insight into how the DOJ may utilize different theories or tools to prosecute or settle matters as part of its initiative, say attorneys at Verrill Dana.