The Office of the U.S. Trustee objected Wednesday to roughly $4.1 million in debt forgiveness being included in ActiveCare Inc.’s proposed Chapter 11 sale to stalking horse bidder Telcare Inc., calling it an improper setoff.
A Pennsylvania federal judge has found that UnitedHealthcare Services Inc. is bound by a $125 million antitrust settlement its outside counsel reached with Cephalon Inc., as the insurer had given every indication that its lawyers were in the clear to sign on its behalf and in-house counsel actively chose not to read or challenge the final agreement.
Medical device maker AngioDynamics Inc. pushed back Wednesday against a competitor’s attempt to toss racketeering claims, arguing in Massachusetts federal court that the competitor is culpable in Biolitec AG’s alleged scheme to avoid paying $145 million in a judgment and contempt fines.
A Massachusetts gynecologist will not spend time behind bars for disclosing her patients’ private medical information to a sales representative at Warner Chilcott, then lying about it to federal agents, a federal judge decided Wednesday after prosecutors recommended she spend nearly two years behind bars.
Pfizer Inc. unit Wyeth and Teva Pharmaceuticals have fallen short in their bid to ax a proposed class action from end-payors alleging the companies engaged in a scheme to delay generic competition for antidepressant drug Effexor XR, with a New Jersey federal judge refusing to toss the case in its entirety.
The U.S. Securities and Exchange Commission on Wednesday hit the founder and former owner of a breast implant manufacturer with a suit alleging he concealed potentially damaging information about the company's devices just days before its $61 million public offering in 2015.
Eli Lilly & Co. subsidiary Elanco Animal Health Inc. on Wednesday raised $1.5 billion after pricing its initial public offering above range, guided by Weil Gotshal & Manges LLP and Barnes & Thornburg LLP, marking the largest IPO since market activity resumed after Labor Day.
Mylan Pharmaceuticals Inc. and other generic-drug companies challenging Allergan PLC patents for dry-eye medication Restasis urged the full Federal Circuit on Tuesday not to reconsider an earlier decision that tribal sovereign immunity doesn’t apply in reviews at the Patent Trial and Appeal Board.
Tencent Music wants to raise roughly $2 billion in an initial public offering, Linde AG is selling more assets, and Coca-Cola is pushing forward with its bid to swallow Nigeria’s Chi Ltd.
A laboratory created "unacceptable risks" of contamination by operating a microbrewery in the same space where it tested pharmaceuticals, and a major egg producer recently implicated in a multistate salmonella outbreak was found to have rampant rodent problems, according to newly released U.S. Food and Drug Administration warning letters.
A New York federal judge has shot down Allergan Inc.’s “meritless” effort to eviscerate multidistrict litigation that alleges antitrust violations aimed at protecting dry-eye drug Restasis, saying it’s plausible that the company acted dishonestly to stymie generic competition.
French surgical implant maker ALN and its American importing affiliate were sued Monday in Florida state court by a patient who says the company made a defective blood clot filter and made misrepresentations and omissions in its marketing of the device.
The U.S. Supreme Court has so far agreed to hear one patent case during its new term, while pending petitions raise some intriguing patent issues, including the reach of inequitable conduct and constitutional challenges to the Patent Trial and Appeal Board. Here are some patent cases to keep an eye on during the upcoming term.
The U.S. Department of Commerce released its final determinations for two sets of tariffs on Chinese sodium compounds used in food additives, pharmaceuticals and cosmetic products, setting steep duty rates on the ingredients after finding they were sold at unfairly low prices in the U.S. market.
Novartis Pharmaceuticals Corp. has flatly “misstated the law” in its bid to escape a whistleblower’s False Claims Act suit alleging illicit kickbacks aimed at boosting Medicare Part D business, the U.S. Department of Justice told a New Jersey federal court Tuesday.
Bayer AG-acquired Monsanto asked a California court Tuesday to set aside a $289 million jury verdict for a man who said its Roundup weed killer caused his cancer, arguing there wasn’t enough evidence to support his claims and asking the court for a ruling in its favor or a new trial.
Women who used to work for Merck & Co. Inc. told a New Jersey federal judge on Monday that the company’s attempt to defeat their class claims in a sex bias suit seeking $250 million rested on a “hair-splitting house of cards,” arguing that the initial U.S. Equal Employment Opportunity Commission charge backed their certification motion.
Medical technology developer Channel Medsystems Inc. sued Boston Scientific late Monday in Delaware's Chancery Court, claiming an unjustified breach of a $275 million agreement to buy Channel and its potential breakthrough device for treating heavy menstrual bleeding.
A Pennsylvania judge has cleared the way for two boys to seek punitive damages from a Johnson & Johnson unit on their claims that they weren't adequately warned about the risk of breast growth associated with the antipsychotic drug Risperdal.
Labaton Sucharow LLP and Levi & Korsinsky LLP threw their hats in the ring to be co-lead counsel in a proposed securities class action alleging Prothena cherry-picked drug trial results and lost investors more than $2 million, according to a Monday filing in New York federal court.
In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.
A recently published research paper concludes that a significant proportion of patients with malignant mesotheliomas carry inherited mutations in cancer-associated genes. Well-informed lawyers on both sides of the aisle can effectively use such data to materially alter the outcome of cases, say Kirk Hartley and David Schwartz of ToxicoGenomica.
The Federal Circuit's decision in the gene editing technology battle between the University of California and the Broad Institute provides that the two parties' patents can coexist. Biotech companies using this technology should seek licenses from both UC and the Broad Institute, say attorneys at Faegre Baker Daniels LLP.
The Ninth Circuit's decision last month in Khoja v. Orexigen Therapeutics — placing constraints on the record a court may consider in deciding falsity and scienter under the securities laws — countermands the U.S. Supreme Court’s direction to courts in Omnicare and Tellabs, say attorneys with BakerHostetler.
A recent study suggests that triclosan, a common antibacterial agent, can promote colonic inflammation and cancer in mice when ingested at what the authors deem normal human exposure levels from using certain consumer products. But this research is unlikely to find its way into the courtroom, say Douglas Pfeifer and Richard Morgan of Bowman and Brooke LLP and Brent Kerger of Exponent Inc.
The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.
As the cannabis market continues to grow, patent infringement suits will abound contingent on federal legalization. Some in the industry worry that many current cannabis patent claims are overbroad, but the availability of post-grant proceedings may provide a solution, say Tryn Stimart and Jean Dassie of Gibbons PC.
The House and Senate are entering their respective final runs before the November midterm elections. The most pressing items of business are funding the government and the pending Senate confirmation of Brett Kavanaugh to the U.S. Supreme Court. But several lower-profile issues remain as well — including a Republican push for further tax reform, says Layth Elhassani of Covington & Burling LLP.
The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.
On Thursday, the Federal Trade Commission began a series of hearings on competition and consumer protection in the 21st century. These events are an important first step in guiding enforcement priorities, says David Balto, a former policy director of the FTC Bureau of Competition.