Life Sciences

  • June 02, 2020

    4 Highlights As Senators Eye FDA Actions On COVID-19

    Senate Finance Committee members Tuesday grilled U.S. Food and Drug Administration leaders for easing access to an unproven medication sold by a banned drugmaker for COVID-19 treatment and explored ways to reduce American reliance on overseas drug production. Here are four highlights from a contentious hearing.

  • June 02, 2020

    1st Circ. Says Novo Nordisk Can't Block Ex-Worker's New Job

    Novo Nordisk Inc. can't immediately block a former employee from continuing to work for rival BioMarin Pharmaceutical Inc. because the worker likely isn't subject to a noncompete agreement he had signed with the Danish pharma giant, the First Circuit ruled Tuesday.

  • June 02, 2020

    Investors Fight Cannabis Co.'s Bid To Nix Stock-Drop Suit

    A proposed class of investors in Canadian cannabis company Liberty Health Sciences Inc. urged a New York federal judge Tuesday not to toss their suit alleging the company caused a stock drop after misleading them about the nature of certain transactions.

  • June 02, 2020

    Monsanto Says $78M Roundup Verdict Barred By Federal Law

    Monsanto urged a California appeals court Tuesday to undo its $78 million loss in the first trial on allegations its weedkiller Roundup causes cancer, arguing that a school groundskeeper's claim is preempted by federal law because it focuses only on Roundup's labeling — which is the purview of federal regulators.

  • June 02, 2020

    Amgen Drops Alexion Blood Drug IPRs, Gets 2025 License

    Amgen has agreed to drop three challenges to patents covering Alexion's blockbuster blood disorder treatment Soliris in exchange for a license that would let it make and sell a biosimilar version two years before the patents expire.

  • June 02, 2020

    PhRMA Says Fed. Circ. Botched Patent Term Extension Ruling

    The Pharmaceutical Research and Manufacturers of America is urging the full Federal Circuit to reverse a panel decision tied to Biogen's blockbuster multiple sclerosis drug Tecfidera, warning that the panel's ruling misapplies circuit precedent on patent term extensions and "destabilizes" the Hatch-Waxman Act.

  • June 02, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    While the nation's collective consciousness largely shifted this week from the COVID-19 pandemic to rage over the killing of George Floyd by Minneapolis police, state leaders grappling with sometimes violent protests still continued to map out life after the coronavirus.

  • June 02, 2020

    Sanofi Boots Some Plaintiffs From Chemo Hair Loss MDL

    A Louisiana federal judge has ruled that cancer patients who started taking the chemo drug Taxotere before a certain date in 2006 can't sue Sanofi-Aventis US LLC under Louisiana law over claims of permanent hair loss, as evidence in a first bellwether trial firmly established that date as a cutoff.

  • June 02, 2020

    Calif. Dental Board Says SmileDirect Claims Still Not Straight

    SmileDirectClub didn't learn the lesson it should have when a California federal court dismissed the first iteration of its antitrust suit because the new version has all the same issues, according to the state dental board.

  • June 02, 2020

    Acadia Can't Slip Investor Suit Over Parkinson's Drug Deaths

    Acadia Pharmaceuticals escaped part of the securities fraud claims lodged in a proposed class action over its alleged cover-up of fatality risks associated with its Parkinson's disease treatment, but it must still face the bulk of the suit, a California federal court ruled Monday.

  • June 02, 2020

    ZoomInfo, Pliant Therapeutics Bulk Up IPOs Before Pricing

    Sales and marketing intelligence company ZoomInfo and biopharmaceutical company Pliant Therapeutics on Tuesday upsized their expectations for their upcoming initial public offerings, with ZoomInfo saying it now expects an $868 million IPO and Pliant prepping a $135 million offering.

  • June 02, 2020

    Pet Supply Co. Trims $12.6M Award In Product Patent Suit

    A New Jersey federal judge has trimmed an inventor's roughly $12.6 million jury award in her suit alleging that a pet supply company stole her idea for a skin medicine applicator for dogs and cats, finding that the business did not infringe her patent and that certain damages were duplicative.

  • June 02, 2020

    Teva Can't Escape Infringement Claim In Inhaler Patent Suit

    A London judge on Tuesday rejected Teva's bid to block an infringement claim brought by an Italian pharmaceutical company after Teva challenged its lung disease drug patents, rejecting the generic drugmaker's arguments that disclosure for the claim would be anti-competitive.

  • June 01, 2020

    Esperion Investor Class Wins Cert. In Cholesterol Drug Row

    A Michigan federal judge on Sunday certified a class of investors accusing Esperion Therapeutics Inc. of falsely stating that the U.S. Food and Drug Administration wouldn't be requiring a time-consuming study before approving a new cholesterol drug, finding that the claims lend themselves well to a class action.

  • June 01, 2020

    Drug Co. Wants 'Free Pass' For Shady Opioid Sales, DOJ Says

    A drug distributor and two executives indicted for allegedly conspiring to flood Appalachia with opioids are brazenly arguing they had "carte blanche" to sell highly addictive painkillers without a legitimate medical need, the U.S. Department of Justice told an Ohio federal court Monday.

  • June 01, 2020

    Imprisoned NECC Pharmacist Can't Get COVID-19 Release

    A Boston federal judge has refused to release a pharmacist connected to a deadly meningitis outbreak from prison on compassionate-release grounds related to the spread of the novel coronavirus inside prisons, saying there's nothing "extraordinary" about the man's situation.

  • June 01, 2020

    Rhode Island High Court Upholds Medical Pot Patient's Firing

    Rhode Island's high court on Friday affirmed a decision finding that W.B. Mason did not violate employment laws when managers asked a supply driver who used medical marijuana to undergo a drug test and fired him after he refused.

  • June 01, 2020

    EPA Finalizes Ethylene Oxide Reduction To Lower Cancer Risk

    The U.S. Environmental Protection Agency on Monday reduced how much of the carcinogenic chemical ethylene oxide that some chemical manufacturers can release, targeting a pollutant that has increasingly been the subject of lawsuits.

  • June 01, 2020

    Generics' 2nd Challenge To Acne Drug IP Succeeds At PTAB

    Handing a win to Amneal Pharmaceuticals and Mylan in a battle with Almirall LLC over a patent covering its acne drug Aczone, the Patent Trial and Appeal Board said the generics makers were able to persuasively show that all the challenged claims were invalid.

  • June 01, 2020

    Asbestos Battles Show One Possible Fate For J&J After Talc

    As Johnson & Johnson promises to keep fighting the legal war over allegations that its recently discontinued talc-based baby powder causes cancer, experts say the history of asbestos litigation shows the company can expect that war to last decades.

  • June 01, 2020

    Contractors Can't Escape Insurer's $1.4M Water Damage Suit

    A Massachusetts federal judge on Monday rejected construction contractors' bid to escape a suit brought by Factory Mutual Insurance Co., which alleged that negligence caused more than $1.37 million in water damage at a Novartis facility.

  • June 01, 2020

    Bausch Says Investors' Price-Gouging Claims Came Too Late

    Bausch Health Cos. Inc. and its brass on Friday sought to shed a securities fraud lawsuit that alleges the company engaged in a price-gouging scheme that cost investors billions, telling a New Jersey federal judge that investors' claims came too late.

  • June 01, 2020

    Seed Co. Gets Award For Stolen Trade Secret Upped To $9M

    A dietary supplement maker is on the hook for more than $9 million after a federal judge found it owed attorney fees and double what a jury said it had to pay after finding it wrongly obtained a seed company's trade secret on broccoli seeds and sprouts.

  • June 01, 2020

    COVID-19 Securities Catch-Up: SEC Enforcement

    As the coronavirus pandemic pushes into the summer, Law360 is taking a look at the enforcement actions and trading suspensions the SEC has issued in connection with the virus since it captured the public consciousness earlier this year.

  • June 01, 2020

    3 Firms Help Two Biotechs Term IPOs Worth $205M

    Three law firms are representing biotechnology companies Applied Molecular Transport and Calliditas Therapeutics as they set terms Monday for their American initial public offerings worth about $205 million.

Expert Analysis

  • 5 Ways A Special IG Can Combat Crisis Relief Fraud

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    As companies and their counsel prepare for enforcement by the newly confirmed special inspector general for pandemic recovery responsible for overseeing CARES Act funds, Christy Goldsmith Romero, special inspector general for the Troubled Asset Relief Program, shares how her office has investigated fraud, waste and abuse of federal relief funds following the 2008 financial crisis.

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • How NJ Talc Case May Shift NY Courts On Expert Testimony

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    A New Jersey federal court's recent decision in litigation over Johnson & Johnson talc products may help push state courts in neighboring New York further toward using the Daubert evidentiary standard — giving courts a more active gatekeeping role over expert testimony, say attorneys at Darger Errante.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Compliance Tips For Development Bank COVID-19 Projects

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    Companies that bid on projects financed wholly or in part by multilateral development banks to combat the crises caused by the pandemic must have appropriate anti-corruption mechanisms in place to limit the risks of sanctions investigations several years down the road, say Lauren Muldoon and Spencer Bruck at Orrick.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Incentives And Risks From OTC Drug Monograph Revamp

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    A provision in the CARES Act that overhauls the over-the-counter drug monograph system should be a welcome development for certain drug manufacturers and developers but may also result in increased federal scrutiny and enforcement activity, say attorneys at Ropes & Gray.

  • 5 Tips For Drafting Effective Legal Billing Guidelines

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    To properly manage outside counsel, it's imperative for a company's legal department to implement and maintain rules on what they will and won't pay for, on staffing cases and requesting rate increases, and on how matters will be handled, says Chris Seezen at Quovant.

  • Assessing The Novel Antitrust Claims In Humira Case

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    Indirect purchasers are accusing AbbVie of anti-competitive conduct through the use of so-called patent thickets to allegedly delay biosimilar versions of Humira — a theory that would potentially hold a pharmaceutical company liable for the acquisition and enforcement of its patents, raising important legal and economic questions, say analysts at Charles River Associates.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • Tech Will Play Key Role In Real Estate's Road To Recovery

    Excerpt from Lexis Practice Advisor
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    With unprecedented stress on real estate operations due to the COVID-19 crisis, this is a time to reflect on the property technology industry's success in recent years and to recognize how those models can be used to rebuild for the future, say attorneys at Goodwin.

  • Avoiding M&A Deal-Breaking Disputes During A Downturn

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    As the COVID-19 pandemic complicates the valuation of companies involved in mergers and acquisitions, targets and acquirers alike should take several prudent preclosing steps to mitigate the risk of deal-breaking disputes and subsequent litigation, say Ann Gittleman and Jenna O'Brien at Duff & Phelps.

  • Early Securities Litigation Trends Stemming From Recent IPOs

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    Attorneys at WilmerHale analyze Securities Act complaints against companies that went public immediately prior to and during the COVID-19-induced market volatility, providing preliminary insights into whether, when and on what basis recent issuers are facing securities litigation.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

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