Life Sciences

  • June 04, 2021

    B. Braun Medical Must Face ERISA Suit Over 401(k) Plan

    A Pennsylvania federal judge on Friday refused to toss a proposed ERISA class action alleging B. Braun Medical Inc. mismanaged its 401(k) plan, finding that four former employees had backed up their allegations that the medical device manufacturer improperly selected high-cost investments and incurred excessive record-keeping fees.

  • June 04, 2021

    Classes Get Cert., Lose State Law Claims In Opana MDL

    An Illinois federal judge on Friday certified two classes of painkiller Opana ER purchasers in multidistrict litigation over a pay-for-delay scheme Endo Pharmaceuticals allegedly entered to keep a generic version off the shelves, but he nixed the state law claims from their case.

  • June 04, 2021

    NY AG Dodges Removal From Imminent Opioid Trial

    The state of New York's case blaming the opioid crisis on various pharmaceutical companies will go to trial this month alongside comparable cases brought by two counties, a judge ruled Friday, ending a lengthy saga in which the Empire State's involvement became uncertain because of discovery lapses.

  • June 04, 2021

    Okla. Medical Pot Rule Challenge Ends Over Pot's Illegality

    A federal judge dismissed a Washington marijuana business' constitutional challenge to Oklahoma's requirement that medical marijuana license holders be from the state, saying Friday the suit was "not frivolous" but the court wouldn't assist a business in breaking federal law.

  • June 04, 2021

    Opioid Bellwether Trials Against Pharmacies To Be Bifurcated

    The Ohio federal judge presiding over the opioid multidistrict litigation on Thursday split five upcoming bellwether trials against pharmacies into two phases, trying claims by local governments that the pharmacies created a public nuisance by overlooking suspicious orders first.

  • June 04, 2021

    FDA Details Drug Security Essentials In 4 Compliance Guides

    The U.S. Food and Drug Administration unveiled a quartet of new guidances that flesh out obligations under the Drug Supply Chain Security Act to spot drugs that are "suspect" and keep them away from U.S. shores.

  • June 04, 2021

    EU Won't Budge On COVID-19 Vaccine IP Waiver

    The European Union on Friday handed over a proposal aimed at boosting global distribution of COVID-19 vaccines by easing regulatory hurdles, but it stopped short of calling on countries to suspend intellectual property protections on the vaccines.

  • June 04, 2021

    Cannabis Bill Roundup: Colo. Eyes New Caps On Pot Sales

    Anti-legalization advocates applauded the Colorado state Senate's approval of a bill to curb the use of high-potency cannabis among young people, while Connecticut lawmakers said they had finally reached a deal to legalize adult use of marijuana with less than a week left in the legislative session. Here are the major cannabis legislative moves from the past week. 

  • June 04, 2021

    Health Hires: Nossaman, JCyte, Gravie, McCarter & English

    Nossaman LLP has added to its health care bench with a hire from Mazars USA, jCyte Inc. and Gravie have brought in new general counsel, and McCarter & English LLP has picked up a patent pro with life sciences experience, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.

  • June 04, 2021

    Fla. High Court Keeps Tight Grip On Medical Pot Licenses

    The Florida Supreme Court's ruling upholding the state's restrictive medical marijuana regulations will ensure that the industry in the Sunshine State stays dominated by the country's biggest cannabis companies, experts say.

  • June 04, 2021

    Bio-Rad Tries To Keep 10X From Talking Up Pandemic At Trial

    Bio-Rad has told a Massachusetts federal judge that any mention of the ongoing COVID-19 pandemic at next month's jury trial over its patented DNA technology would be "highly inflammatory," accusing 10X of trying to overstate the "alleged importance" of 10X's own scientific research.

  • June 04, 2021

    Feds Warn Of Biotech Exec's Next Stock Scam Without Prison

    A biotech corporate insider who was dinged for a stock promotion scheme and went on to commit criminal insider trading deserves a year in prison to help ensure he doesn't break the law again, prosecutors told a Massachusetts federal judge Friday.

  • June 04, 2021

    Atty Fees Trimmed By $100K In Bluebird Bio Pay Suit

    Cooch and Taylor PA and Newman Ferrara LLP got $100,000 less than they sought for work settling an investor suit over Bluebird Bio Inc.'s director compensation, with a Delaware vice chancellor ruling Friday that the deal's terms didn't warrant more than a $400,000 fee award.

  • June 04, 2021

    Former J&J Exec's Workplace Bias Suit Sent To Mediation

    A former Johnson & Johnson executive's lawsuit claiming she faced workplace bias while the company promoted an inclusive corporate culture has been sent to mediation, according to a notice filed in New Jersey state court.

  • June 04, 2021

    Hearing Loss Biotech Sued By Investor Over 78% Stock Drop

    Frequency Therapeutics Inc. and its chief executive hid disastrous clinical trial results that undermined the prospects of its lead hearing loss treatment while dumping shares before the findings became public, an investor in the Massachusetts company said in a putative class action filed Thursday.

  • June 03, 2021

    Drugmakers Fire Torpedo At 'Centerpiece' Of Calif. Opioid Trial

    Four drugmakers launched a coordinated strike late Thursday on a landmark opioid trial underway in California, arguing that local governments have failed to prove their core allegations about a purportedly devastating addiction crisis in the Golden State.

  • June 03, 2021

    Patentees Get Boost With China's Version Of Hatch-Waxman

    A new Chinese litigation system for drug patents that is modeled on the U.S. Hatch-Waxman Act could be a boon for branded drugmakers by resolving infringement disputes before generic products launch, but the industry will be monitoring whether it works as intended.

  • June 03, 2021

    Diet Supplements Violated TM With Steroid Link, Jurors Hear

    A Texas-based dietary supplement company and its owner intentionally tried to make their product sound like illegal anabolic steroids and violated a trademark in doing so, an attorney for Hi-Tech Pharmaceuticals Inc. told a Georgia federal jury Thursday.

  • June 03, 2021

    Drugmakers Urge Fla. Court To Trim Zantac MDL

    Consumers suing drugmakers and others in a multidistrict litigation over a carcinogen found in heartburn medication Zantac fought Thursday in Florida federal court to keep their claims alive as the defendants argued their claims lacked specificity or an actual injury.

  • June 03, 2021

    1 Firm Eked Ahead Of Peers Amid Bumpy May IPO Market

    Cooley LLP steered the most initial public offerings of any firm in May, enduring a choppy period for IPOs that saw market volatility before returning to more robust levels in recent weeks.

  • June 03, 2021

    Ex-Theranos CEO Can't Have Atty Privilege Via Boies Schiller

    Former Theranos CEO Elizabeth Holmes can't claim attorney-client privilege to prevent federal prosecutors from using her communications with the company's attorneys at Boies Schiller Flexner LLP at her upcoming fraud trial, a California federal judge found Thursday.

  • June 03, 2021

    IP Forecast: Fed. Circ. Set To Drill Into Fracking Patent Fight

    The Federal Circuit will wade into a fight over whether Marathon Oil and one of its partners are owed millions of dollars in legal fees after winning a ruling that a fracking patent was unenforceable. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • June 03, 2021

    Cherokee Tribe Calls McKinsey 'Ringleader' In Opioid Crisis

    The Cherokee Nation on Wednesday sued McKinsey & Co. in Oklahoma state court alleging the consulting company played a vital role in fueling the opioid crisis by advising clients at every part of the supply chain while seeking to "dilute and delay" opioid regulations.

  • June 03, 2021

    Pot Shop Owner Must Share Profits With Aggrieved Ex-Partner

    An Arkansas state appellate court on Wednesday upheld an injunction requiring a medical marijuana dispensary owner to set aside half the profits and allow his onetime business partner to keep a hand in the company while a dispute between them plays out.

  • June 03, 2021

    Lawmakers Seek Probe Of USPTO Director's Sway Over PTAB

    Members of a House Judiciary subcommittee have asked the Government Accountability Office to investigate whether the U.S. Patent and Trademark Office director has improperly influenced or dictated the outcome of Patent Trial and Appeal Board decisions.

Expert Analysis

  • Thought Leadership's Critical Role In Law Firm Diversity

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    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

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    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

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    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

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    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.

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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