Life Sciences

  • June 03, 2021

    Medical Pot User's Nixed Job Offer Allowed, Hospital Says

    An Arkansas hospital system on Thursday asked a state court judge to toss a proposed class action filed by a man who was offered a job but had the offer rescinded after a positive marijuana test, saying that the job was "safety sensitive" and that medical pot users are therefore not qualified.

  • June 03, 2021

    FTC Can't Seek Restitution From Shkreli Until Congress Acts

    A New York federal judge permitted the Federal Trade Commission to withdraw its bid for financial restitution against disgraced pharmaceutical executive Martin Shkreli and his company, Vyera Pharmaceuticals LLC, on Wednesday given the U.S. Supreme Court's recent ruling that the agency lacks the power to recoup money from lawbreakers.

  • June 03, 2021

    Elizabeth Holmes Wants 'Anecdotal' Evidence Blocked In Trial

    Former Theranos CEO Elizabeth Holmes has asked a California federal judge to suppress the government's "anecdotal" evidence concerning the blood-testing technology at the center of her upcoming fraud trial, including customer complaints, testing results and a 2016 Centers for Medicare & Medicaid Services report.

  • June 03, 2021

    Firm Settles AG's Claim It Traded Referrals For Yacht Outing

    Massachusetts personal injury firm Keches Law Group PC has agreed to pay $300,000 to settle claims it had a pharmacy bankroll a yacht outing and a $24,000 lunch in exchange for referring hundreds of its clients, Attorney General Maura Healey's office said Thursday.

  • June 03, 2021

    Health, Green Groups Push FDA To Ban PFAS

    Environmental, health and consumer groups on Thursday petitioned the U.S. Food and Drug Administration to ban all so-called forever chemicals in products it approves, saying the agency has ignored past evidence of the substances' threats to human health.

  • June 03, 2021

    Hearing Aid Implant Maker Mostly Wins At PTAB Against Rival

    Cochlear implant maker MED-EL mostly won challenges to a pair of competitors' patents after the Patent Trial and Appeal Board invalidated all challenged claims of one patent and most of the challenged claims of another.

  • June 03, 2021

    Purdue Asks To Extend Opioid Suit Shield To End Of Summer

    Purdue Pharma has asked a New York bankruptcy judge for a 75-day extension on an injunction pausing suits over opioid sales against it and its owners, the Sackler family, saying they need protection as they "sprint" to the confirmation of Purdue's Chapter 11 plan.

  • June 03, 2021

    McKesson, Fla. Pharmacy Chain Settle $7M Contract Row

    Texas-based pharmaceutical supplier McKesson Corp. has settled its $7 million contract dispute with a chain of Florida pharmacies, ending 13 related cases for an undisclosed amount.

  • June 03, 2021

    Pharmacist Says 8 Years Enough For Lab Outbreak Scandal

    The lead pharmacist for the defunct Massachusetts lab at the center of a deadly meningitis outbreak said Wednesday that a First Circuit ruling shouldn't allow prosecutors to seek to more than double his current eight-year prison term.

  • June 02, 2021

    Emergent Faces Investor Suit Over Destroyed COVID Vaccines

    Emergent Biosolutions and its top executives were hit with a proposed class action Wednesday brought by an investor alleging misrepresentations and omissions concerning quality control problems at the company's facility in Maryland culminated in the destruction of up to 100 million doses of Johnson & Johnson and AstraZeneca COVID-19 vaccines.

  • June 02, 2021

    11th Circ. Won't Lift Stem Cell Clinic Ban

    The Eleventh Circuit on Wednesday refused to lift a lower court's order barring a Florida clinic from providing a stem cell procedure touted as a treatment for a variety of illnesses, finding that the treatment is regulated by the U.S. Food and Drug Administration as a drug.

  • June 02, 2021

    Ark. Pot Agency Wants Out Of City's Row With Harvest Health

    Arkansas' medical marijuana regulators have asked a state court to dismiss them from a lawsuit filed by the city of Newport over plans to move a Harvest Health-owned cultivation facility to a different county, arguing that the case is in the wrong court and that they have sovereign immunity.

  • June 02, 2021

    Contractor Owes No Penalty After Slow Gov't Cost Cap Update

    The Armed Services Board of Contract Appeals has ruled that a biopharmaceutical company does not have to pay a penalty for seeking reimbursement for unallowable executive compensation costs because the government dragged its feet on setting a cap on those costs.

  • June 02, 2021

    CVS Judge Slams 'Totally Inappropriate' Trial Instructions

    A California federal judge refused Wednesday to decertify a class of drug buyers who allege CVS Pharmacy Inc. overcharged them for generic drugs, while criticizing counsel for both sides for proposing "totally inappropriate" jury instructions for the socially distanced trial that kicks off Monday.

  • June 02, 2021

    Anthem Patient Wants 9th Circ. Revival Of Device Denial Suit

    A California federal judge never should have tossed a proposed ERISA class action challenging Anthem's alleged refusal to pay for pain-treating medical devices, a woman who received health insurance through the company said in a brief urging the Ninth Circuit to revive her lawsuit.

  • June 02, 2021

    Insurer Dodges Cryotherapy Clinic's Virus Coverage Suit

    A federal judge in Seattle on Wednesday threw out a cryotherapy clinic's putative class action for coverage of pandemic losses, saying the clinic, like other businesses before it, had failed to show direct physical loss or damage required for coverage.

  • June 02, 2021

    Wachtell, Skadden Guide MorphoSys' $1.7B Cancer Co. Buy

    Cancer and autoimmune disease-focused MorphoSys AG announced Wednesday that it plans to buy cancer research company Constellation Pharmaceuticals in a $1.7 billion deal guided by Skadden and Wachtell Lipton.

  • June 02, 2021

    Okla. Fights Challenge To State's Pot Tracking Method

    The Oklahoma Medical Marijuana Authority has rebuked a Tulsa cannabis dispensary for bringing what it called an incoherent and spurious challenge to the state's deal to partner with Metrc LLC to track licensees' marijuana inventory.

  • June 02, 2021

    DNA Co. Says Calif. Standards Wrongly Used To Trim Suit

    A DNA-sequencing business is defending its challenge of a lower court order that tossed most of the claims in a trade secret lawsuit it launched, telling the Ninth Circuit that the decision wrongly relied on California civil procedure to dismiss federal claims.

  • June 02, 2021

    Sen. Wyden Wants Answers On AbbVie's Int'l Tax Practices

    U.S. Sen. Ron Wyden, the leader of the Senate Finance Committee, launched an investigation Wednesday into the international tax practices of U.S. pharmaceutical company AbbVie to determine how it benefited from the 2017 tax reform law.

  • June 02, 2021

    Fight On Tap Over Firms' $4M Fee Bid In CytoDyn Suit Deal

    As a Delaware vice chancellor is set to consider a proposed stockholder suit settlement that will require five directors of life sciences venture CytoDyn Inc. to forfeit certain awards, three firms have come under fire for seeking $4.1 million in fees for their work on the case.

  • June 01, 2021

    AbbVie Asks Justices To Hear Sham Litigation Exception Case

    Unless AbbVie was using its patent litigation over its testosterone treatment Androgel as an anticompetitive weapon, the Third Circuit was wrong to declare its lawsuits a sham and the U.S. Supreme Court should step in and settle the score, the drug giant said Tuesday.

  • June 01, 2021

    Shkreli Punished For Secret Phone But Can Deny Conspiracy

    A New York federal judge on Tuesday sanctioned disgraced pharmaceutical executive Martin Shkreli, after finding that the Federal Trade Commission demonstrated that Shkreli used a contraband phone to conduct business affairs while still incarcerated.

  • June 01, 2021

    Del. Chancery Keeps Alive Suit Over Tilray's PE Insider Deals

    Minority stockholders of Canadian cannabis venture Tilray Inc. on Monday beat arguments for dismissal of a suit accusing controlling investors and three company directors of lining up a merger that unfairly tilted benefits toward the company's private equity founders.

  • June 01, 2021

    FTC's Illumina-Grail Court Case Dropped Despite Cos.' Protest

    A California federal judge has let the Federal Trade Commission drop its federal court challenge to biotech giant Illumina's planned purchase of a cancer detection company but kept the door open to a future suit, despite the firms' warning that doing so would let the commission kill the deal later by reviving its challenge as the merger's termination date draws near.

Expert Analysis

  • 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.

  • How NY's Cannabis Legalization Act Prioritizes Equity

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    Elements of New York's recently passed Marijuana Regulation and Taxation Act, such as its prohibition of vertically integrated operators, show consideration for social and economic equity in the new industry, says Simon Malinowski at Harris Bricken.

  • Lateral Hire Conflict Screening Lessons From DLA Piper Case

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    While a Texas federal court recently denied a motion to disqualify DLA Piper from representing Apple in a patent dispute after the law firm hired an attorney who formerly represented opponent Maxwell, the case is a reminder that robust conflict checks during lateral hiring can save firms the time and expense of defending disqualification motions, says Hope Comisky at Griesing Law.

  • SDNY Ruling Opens Door To Class Challenges In 2nd Circ.

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    The Southern District of New York's recent ruling in Borgese v. Baby Brezza Enterprises LLC, striking class allegations on the pleadings, raises the possibility that the motion to strike has been reinvigorated as a tool for class action defendants within the Second Circuit, say Eamon Joyce and Vincent Margiotta at Sidley.

  • 3 Cybersecurity Questions To Ask Before A Remote Mediation

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    Lawyers preparing to mediate or arbitrate a case through videoconference should take steps to ensure they and their alternative dispute resolution providers are employing reasonable security precautions to protect digital client data and conform to confidentiality obligations, say F. Keith Brown and Michael Koss at ADR Systems.

  • Opinion

    Proposed Amendments To Bayh-Dole Regulations Are Vexing

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    The National Institute of Standards and Technology's two proposed federal regulation amendments that would affect march-in rights under the Bayh-Dole Act should cause concern to the public and licensees of government-owned inventions because they are overly broad, without authority, deleteriously ambiguous, and likely to disserve the patent system, says attorney Kelly Morron.

  • Expect Aggressive Health Care Scrutiny From Mass. US Atty

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    As we await a new presidentially appointed U.S. attorney for Massachusetts, health business leaders and in-house counsel should reexamine their compliance structures, as the office will likely continue to prioritize enforcement efforts against both traditional areas of focus and pandemic-related fraud, say Jack Pirozzolo and Doreen Rachal at Sidley.

  • A Uniform Mediation Act Primer As States Continue Adoption

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    With Georgia expected to soon become the 13th jurisdiction to adopt the Uniform Mediation Act and with more states likely to follow suit amid widespread trial delays, practitioners should familiarize themselves with the act's conflict disclosure requirements and the boundaries of its confidentiality provisions, says Richard Mason at MasonADR.

  • Opinion

    Digital COVID Vaccine Passports Should Be Antitrust-Exempt

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    The Biden administration should use a sector-specific antitrust exemption to encourage Big Tech cooperation on a national smartphone app to make vaccination proof readily available while offering enhanced data security, says Stuart Brotman at the University of Tennessee.

  • Safeguarding Privileged Communications In A Remote World

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    With the pandemic ushering in remote collaboration tools, counsel must revisit fundamentals of the attorney-client privilege and the work-product doctrine, study cases involving email and other recent technologies, and follow 10 best practices to protect confidentiality, say attorneys at DLA Piper.

  • 3rd Circ. Ruling Rejecting Ch. 11 Setoff May Provide Alternative

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    While the Third Circuit's recent ruling in Orexigen Therapeutics is the latest in a string of decisions rejecting the enforceability of triangular setoff in bankruptcy, the court also indicated a potential alternate structure that could prove acceptable, say attorneys at Cleary.

  • 4 Areas Of Cyberattack Vulnerability For Law Firms

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    Recent data breaches involving Goodwin and Jones Day show that cyberattacks are very real threats to the legal profession, especially in the era of remote work, so law firms should revisit common business practices that expose them to unnecessary risks, says Ara Aslanian at Inverselogic.

  • How To Help Your Witnesses Overcome Hindsight Bias

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    Witnesses facing tricky questions from opposing counsel often find themselves engaging in hindsight bias, when they use present knowledge to second-guess past actions, but these problematic thought processes can be overcome during deposition or trial preparation through tough questions and some catharsis, says Merrie Jo Pitera at Litigation Insights.

  • Pharma Industry Can Expect More Scrutiny From State AGs

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    With state attorney general elections on the horizon in 2022, enforcement in the life sciences and health spaces is likely to pick up, and key areas of focus to watch out for this year include opioid litigation and investigations into drug price-fixing, say attorneys at Paul Hastings.

  • Opinion

    7th Circ. Should Find Patent Thickets Aren't Anti-Competitive

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    While drug buyers are arguing to the Seventh Circuit that AbbVie's Humira drug patent thicket is anti-competitive, those claims are misguided, because creating a robust patent portfolio around a product in fact promotes innovation and competition, say Joanna Brougher at BioPharma Law and law student Andrew Kingsbury.

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