Life Sciences

  • March 16, 2018

    Private Equity FCA Suit More Likely Outlier Than Omen

    The U.S. Department of Justice’s unusual decision to name a private equity firm as a defendant in a False Claims Act suit against one of the firm’s portfolio companies is an issue all private equity firms should be aware of, although the alleged circumstances of the case may mean similar complaints will be few and far between, attorneys say.

  • March 16, 2018

    SEC’s Silicon Valley Scrutiny Comes To Bloom In New Cases

    Two years after the U.S. Securities and Exchange Commission put Silicon Valley on notice about complying with Wall Street’s rules, the agency has delivered a pair of enforcement actions that show its focus on the California region hasn’t lessened and may even heat up.

  • March 16, 2018

    Philly Litigator Rips Opioid Defense Attys At Conference

    A veteran Philadelphia plaintiff's attorney who is representing the city in litigation against drugmakers over the opioid crisis suggested that attention should be paid to the drug manufacturers' lawyers, at a forum on legal responses to the crisis on Friday.

  • March 16, 2018

    'Unicorn' Zscaler Surges After Pricing Upsized $192M IPO

    Shares of cybersecurity startup Zscaler Inc. more than doubled in a sizzling debut on Friday, one day after the technology “unicorn” priced an upsized $192 million initial public offering above its projected range, representing the largest of four IPOs during the week of March 12.

  • March 16, 2018

    Pharma Cos. Liable For Generic Labels, Mass. Top Court Says

    Name-brand drugmakers can be held liable for mislabeled generic equivalents under state law in Massachusetts, home of the nation’s largest bio-pharmaceutical hub, the commonwealth’s top court ruled on Friday in a loss for Merck & Co. and the industry groups watching.

  • March 16, 2018

    Optical Co. Says Ex-Biz Partner's IP Suit Too Late

    A Japanese optical manufacturer on Friday asked a Massachusetts federal judge to toss a suit filed by a startup claiming its onetime partner was responsible for a loss in business after it patented technology they both developed, claiming the statute of limitations had run out and the complaint is based on hearsay.

  • March 16, 2018

    Summary Judgment Denial Clears Path For Abilify Trials

    A Florida federal judge late Thursday released a redacted version of an order denying a bid for summary judgment from Otsuka Pharmaceutical and Bristol-Meyers Squibb in multidistrict litigation over alleged side effects of the anti-psychotic drug Abilify, paving the way for trials in consumers' cases this summer.

  • March 16, 2018

    Hospital Seeks Data On Worker Fired After Skipping Flu Shot

    A Western Massachusetts hospital asked a federal judge Friday to let it inspect the health records of a former employee suing the facility after she was fired for refusing to get a flu shot on religious grounds.

  • March 16, 2018

    Drug Cos. Say Cherokee Opioid Suit Must Stay In Fed. Court

    McKesson Corp. and other drug distributors and retail pharmacies urged an Oklahoma federal judge Thursday to reject the Cherokee Nation’s bid to take its suit over the companies' alleged role in the opioid epidemic back to state court, saying McKesson’s distribution of opioids under a federal contract means the case must stay in federal court.

  • March 16, 2018

    Hernia Mesh Maker Can't Force Chubb Unit To Cover IP Suit

    A Chubb Ltd. unit doesn't have to pay for hernia mesh maker Tela Bio Inc.'s defense of a trade secrets and unfair competition lawsuit brought by competitor LifeCell Corp., a Pennsylvania federal judge ruled Friday, finding that the complaint doesn't include any potentially covered defamation claims.

  • March 16, 2018

    NY Docs Got Lap Dances, Booze From Insys, DOJ Says

    Five New York doctors prescribed a potent painkiller sold by Insys Therapeutics Inc. in exchange for money and lavish kickbacks, including lap dances and liquor that two of the doctors accepted, the U.S. Department of Justice said in a felony indictment unsealed Friday.

  • March 16, 2018

    Aegerion Placed Under Supervision In Misbranding Settlement

    A federal judge on Friday appointed a special master to keep a watchful eye on Aegerion Pharmaceuticals Inc. as it faces court-ordered audits and the payment of $36 million to patients who were unnecessarily prescribed its expensive cholesterol drug and to government health programs that footed the bill.

  • March 16, 2018

    Feds Should Own Gilead Hep C Patent, Nonprofit Says

    A patent covering Gilead Sciences Inc.’s blockbuster line of sofosbuvir-based hepatitis C drugs doesn’t disclose related government funding, meaning the U.S. Department of Health and Human Services has the right to take ownership of the patent, a nonprofit has suggested to the agency.

  • March 16, 2018

    Robins Kaplan Adds Ex-Kasowitz Benson IP Pro In Calif.

    Robins Kaplan LLP has hired the former managing partner of Kasowitz Benson Torres LLP’s Silicon Valley office, a seasoned intellectual property attorney who represents clients in industries including high tech, pharmaceutical and telecommunications, the firm announced Thursday.

  • March 16, 2018

    Fed. Circ. Affirms Exergen Ruling Doesn't Set Precedent

    The Federal Circuit on Friday held firm that there’s nothing precedential about its recent decision that Exergen Corp.'s forehead thermometer is patentable, despite assertions from a rival company that it was a “significant development” in deciding the patent eligibility of diagnostic tests.

  • March 16, 2018

    4 Firms To Steer IPOs Totaling $850M Led By Dropbox

    Four firms are guiding three companies planning initial public offerings projected to raise about $850 million during the week of March 19, led by an estimated $612 million offering by file-storage giant Dropbox Inc., the year's largest technology IPO to date.

  • March 16, 2018

    Stock-Drop Suit Targeting HeartWare Survives Dismissal Bid

    A Manhattan judge declined to toss a fraud action targeting medical device maker HeartWare International Inc. Friday, holding that former workers, who said the company didn't come clean about problems with its flagship heart pump product, gave plausibility to claims that investors were misled.

  • March 16, 2018

    A Chat With Littler Info Chief Durgesh Sharma

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, chief information officer at Littler Mendelson PC.

  • March 16, 2018

    PE Firm Platinum Offers $2.1B For J&J Glucose Testing Unit

    Johnson & Johnson said Friday that private equity firm Platinum Equity LLC had offered to acquire its glucose monitoring unit LifeScan Inc. for around $2.1 billion in a deal that would help the company sell off part of its business that has struggled in recent years.

  • March 15, 2018

    9th Circ. Urged To Rethink HIPAA Probe Coverage Ruling

    Millennium Laboratories asked the Ninth Circuit on Wednesday to rethink its ruling that Allied World Assurance Co. does not have to cover the $5 million it spent defending against a federal investigation, saying its insurance policy entitles it to recover at least part of its expenses.

Expert Analysis

  • What Employers Should Know About Changing NJ Cannabis Laws

    Ruth Rauls

    While no new laws have been finalized yet, the stars may be aligning in New Jersey for significant changes to how it deals with cannabis. For employers, this means more employees using marijuana, medical or recreational, in the near future, says Ruth Rauls of Saul Ewing Arnstein & Lehr LLP.

  • When 'A' Stands For Preemption

    Steven Boranian

    The Seventh Circuit recently held that implied preemption of a failure-to-warn claim under Pliva v. Mensing depends on the nature of the drug’s approval process. If a drug is approved through an Abbreviated New Drug Application, federal regulation of drug labeling preempts state-law failure-to-warn claims — even if the drug is technically the “Reference Listed Drug,” says Steven Boranian of Reed Smith LLP.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • Calif. Duty To Defend Is In Jeopardy

    Kurt Melchior

    In Liberty v. Ledesma and Travelers v. Actavis, the California Supreme Court should stand by its long, if not uniform, history of requiring an insurer to provide defense if there is even a remote possibility that the insured's conduct or its effects were accidental, say Kurt Melchior and Joan Cotkin of Nossaman LLP.

  • Personal Jurisdiction In 3rd Circ. After 'Shuker'

    David Currie

    While much of the Third Circuit's recent opinion in Shuker v. Smith & Nephew is devoted to federal preemption of certain state law claims, the consequences of the court's treatment of personal jurisdiction may reach even further, says David Currie of Vinson & Elkins LLP.

  • What To Expect From DOJ Shift In Marijuana Enforcement

    Gerald Sachs

    Under the U.S. Department of Justice's new marijuana enforcement strategy, the DOJ is unlikely to begin prosecuting marijuana growers and distributors who are operating in compliance with state law. The DOJ will likely prosecute the most egregious violators of state law, say Gerald Sachs and Evan Shea of Venable LLP.

  • Trends In China's Food And Packaging Laws: Part 1

    David Ettinger

    As China says "zai jian" to the Year of the Rooster and "ni hao" to the Year of the Dog, it's a good time to reflect on developments in China's food laws in 2017. Many important food regulations and standards were revised, including rules on health foods, GMOs and infant formula, say attorneys with Keller and Heckman LLP.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • FCA Materiality May Return To High Court

    J. Alex Ward

    Recent cases demonstrate that, despite the U.S. Supreme Court’s ruling in Escobar, False Claims Act materiality questions remain and continue to be litigated. Gilead filed a petition for certiorari a few months ago, and it is a key case to watch, say attorneys with Morrison & Foerster LLP.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.