Life Sciences

  • 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.

  • 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.

Expert Analysis

  • 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.

  • NJ 'Reply All' Ethics Opinion Brings New Pitfalls For Attorneys

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    While a recent New Jersey ethics opinion rightly concluded that an attorney cannot claim an ethics violation when opposing counsel replies all to a group email including clients, it runs counter to stances taken by other states and presents new dangers of confidentiality breaches and unfiltered messages to opposing parties, says Roger Plawker at Pashman Stein.

  • Federal Gov't Can Learn From State Drug Pricing Efforts

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    Attorneys at Ropes & Gray explore state legislative efforts to regulate prescription drug pricing, and consider how the Biden administration and Congress might draw on states' experiences to craft a federal drug pricing policy.

  • 3 Arthrex-Adjacent High Court Cases Could Affect PTAB's Fate

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    As patent practitioners await a decision on the constitutionality of Patent Trial and Appeal Board judges in U.S. v. Arthrex, they should keep their eyes on three other pending U.S. Supreme Court cases that, while not IP-related, involve overlapping legal issues, including the severability doctrine, says William Milliken at Sterne Kessler.

  • Series

    Judging A Book: Bibas Reviews Rakoff's 'Why The Innocent Plead Guilty'

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    In "Why the Innocent Plead Guilty and the Guilty Go Free,” U.S. District Judge Jed Rakoff catalogues the many ways our criminal justice system is broken, and in doing so, gives the public an intimate look into the thoughts, reasoning and personal experiences of a renowned federal judge, says Third Circuit Judge Stephanos Bibas.

  • For Law Firm Digital Marketing, Less Is Sometimes More

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    Attorneys and law firms often look to cast the widest net possible and maximize online impressions, when they should be focusing their digital marketing efforts on fewer, better-qualified prospects, says Guy Alvarez at Good2BSocial.

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