Life Sciences

  • July 21, 2017

    7th Circ. Sides With Immigrant In Row Over Marijuana Offense

    The Seventh Circuit on Thursday granted a petition from a lawful permanent resident who has been ordered deported, saying the Board of Immigration Appeals misapplied Supreme Court precedent when it deemed his conviction under a marijuana statute an “aggravated felony.”

  • July 21, 2017

    Feds' Shkreli Case Nears End, Amid Testy Exchanges

    The government's case against "pharma bro" Martin Shkreli inched toward conclusion on Friday, with both sides engaged in heated sparring over the final pieces of evidence and testimony in the closely watched securities fraud trial.

  • July 21, 2017

    Jury Begins Deliberations In Suit Over AbbVie's AndroGel

    A man who claims he had a heart attack after using AbbVie Inc.’s testosterone replacement therapy drug AndroGel made his final plea to the Illinois federal jury hearing his case Friday, saying every decision the company made about the product had “consequences for real people.”

  • July 21, 2017

    Hormone Clinic Chain Must Pay $18M Over Safety Claims

    A Tennessee state judge has ordered hormone therapy clinic chain HRC Medical Centers Inc. and three of its principals to pay $18 million after they misled patients about the safety of the hormones being injected, the state attorney general said Friday.

  • July 21, 2017

    FDA's E-Cig Rule Survives Industry Challenge

    The U.S. Food and Drug Administration acted within its authority when it enacted a major new regulation requiring electronic cigarettes to win agency approval, a D.C. federal judge ruled Friday.

  • July 21, 2017

    Texas Judge Questions Arbitration For 'Indirect Customers'

    A Texas federal judge on Friday questioned whether he can decide if investors who bought shares in bankrupt biotech firm Palmaz Inc. should be considered “indirect customers” of investment firm Jefferies LLC before determining whether the matter should be arbitrated.

  • July 21, 2017

    Calif. Nutrition Co. Takes Row Over Wash. Tax To High Court

    A California-based nutrition supplement company told the U.S. Supreme Court that a lower court erroneously concluded that its mail-order business in Washington state creates a taxable connection when its wholesale channel did not actually establish or maintain a market for its retail side.

  • July 21, 2017

    Key ACA Repeal Elements Need 60 Votes

    Important parts of Affordable Care Act repeal legislation cannot be approved in the U.S. Senate with a simple majority, dealing a fresh setback to the Republican repeal effort, according to procedural rulings Friday.

  • July 21, 2017

    Cherokee Nation Says Opioid Dispute Belongs In Tribal Court

    The Cherokee Nation fought Friday to continue pursuing in its tribal court a lawsuit seeking to hold Walgreens, McKesson and other companies accountable for an opioid crisis plaguing its citizens, saying the case is akin to ones brought by state governments in their own courts and an “expression of its sovereign right.”

  • July 21, 2017

    Drug Info Co. Wants Defense In Bayer's Price Listing Suit

    RJ Health Systems International LLC on Thursday urged a Connecticut state judge to rule that a unit of The Hartford must fully fund its defense of Bayer's suit alleging that the drug information company falsely listed the price of the intrauterine device Mirena at nearly $200 less than it actually costs, causing the drugmaker to lose income.

  • July 21, 2017

    Illumina, Qiagen Settle DNA Sequencer Patent Dispute

    Illumina Inc. has settled patent infringement claims against rival Qiagen NV, according to a California federal judge’s order on Friday, resolving a year-old action over DNA-sequencing intellectual property.

  • July 21, 2017

    WilmerHale Must Face 'Freeze-Out' Suit, Appeals Court Says

    The Massachusetts Appeals Court on Friday revived a lawsuit against WilmerHale and two attorneys, ruling that lawyers may owe fiduciary duties to minority shareholders of close corporations even when those shareholders aren’t their clients.

  • July 21, 2017

    Hogan Lovells Snags Veteran HHS, FDA Attorney

    After 25 years at the U.S. Department of Health and Human Services and U.S. Food and Drug Administration, David Horowitz has joined Hogan Lovells as a partner in Washington, D.C., focusing on regulatory compliance, the firm recently said.

  • July 21, 2017

    Judge Mulls Privacy Concerns In Utah Drug Records Case

    A Utah federal judge on Thursday began weighing whether the Drug Enforcement Administration can warrantlessly access that state’s prescription drug database, even as civil liberty advocates warn that the measure, defended as a critical step in fighting the opioid crisis, would undermine privacy safeguards.

  • July 21, 2017

    Ex-ArthroCare CEO Can't Escape Wire Fraud Claims

    A Texas federal judge on Thursday refused to toss wire fraud allegations against the former chief executive of ArthroCare, the medical device company that purportedly deceived investors by artificially inflating sales.

  • July 21, 2017

    Bayer Says ‘Flanax’ Antitrust Counterclaims Ignore Market

    Bayer AG urged a Virginia federal judge in oral arguments Friday to nix antitrust counterclaims from Belmora LLC accusing the German drugmaker of undermining the competition, arguing that those allegations, amid a trademark dispute over the “Flanax” painkiller, ignore other options on the market.

  • July 21, 2017

    Pharma Co. Fails In DQ Bid Against Ex-CEO's Counsel

    The attorneys for a pharmaceutical company’s former CEO can keep representing him in his suit against his old employers, a Pennsylvania federal judge ruled Thursday, rejecting a bid by the company and its old attorneys from a previous suit against the ex-CEO to kick his counsel out of the instant suit.

  • July 21, 2017

    Amphastar Escapes $1B Momenta, Sandoz Infringement Suit

    A Massachusetts federal jury on Friday sided with Amphastar Pharmaceuticals in a patent battle with Momenta Pharmaceuticals and Sandoz, finding that Momenta’s patent for a generic blood thinner was invalid and that Momenta could not enforce it anyway.

  • July 20, 2017

    Jurors Won't Hear Theory J&J Conspired To Hide Talc Danger

    A California judge ruled Thursday that a woman alleging Johnson & Johnson’s talcum powder products caused her ovarian cancer can’t claim during opening statements in next week’s much-anticipated bellwether trial that J&J conspired to keep warning labels off talc products, saying the evidence shows only legal lobbying.

  • July 20, 2017

    Shkreli, Gov't Embroiled In Investor Evidence Fight

    Attorneys for Martin Shkreli and prosecutors in his securities fraud trial on Thursday traded barbs over a government bid to admit a slew of investor documents into evidence without calling those investors to the witness stand, which the defense claims would violate Shkreli's Sixth Amendment rights.

Expert Analysis

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.

  • High Court Signals Interest In Vitamin C Price-Fix Case

    Nicholas Melzer

    For all companies engaged in international commerce, guidance from the U.S. Supreme Court on the Second Circuit's controversial decision in the Vitamin C Antitrust Litigation would be welcome. If the Supreme Court's recent request for input from the acting solicitor general is any indication, the court may agree, say Nicholas Melzer and Janet Chung of Holland & Knight LLP.

  • Is Bankruptcy An Option For Ancillary Marijuana Businesses?

    Patricia Heer

    The director of the U.S. Trustee Program recently proclaimed before a congressional subcommittee that debtors with assets or income derived from marijuana may not proceed through the bankruptcy system. However, this limitation has not been addressed, let alone settled, with respect to businesses that are ancillary to marijuana cultivators and dispensaries, says Patricia Heer of Duane Morris LLP.

  • New E-Cigarette Studies May Prove Key For Litigators

    Giovanni Ciavarra

    Maintaining a comprehensive awareness of the science is critical to any winning legal strategy — especially in cases involving products like electronic cigarettes, where the science is constantly changing. New studies on whether e-cigarettes can help users quit tobacco, and on how they are perceived by young adults, may be highly useful for litigators, say Giovanni Ciavarra and Sayde Slobodien of Innovative Science Solutions LLC.

  • Current Trends In Biologics-Related Inter Partes Reviews

    John Molenda

    There were roughly 100 biologics-related inter partes review petitions filed between September 2012 and April 2017. John Molenda and Richard Praseuth of Steptoe & Johnson LLP take a look at the types of patents being challenged and the success rates of those challenges.

  • A Chat With FTC’s Thomas Pahl

    Lucy Morris

    Recently, I joined a “fireside chat” with Thomas Pahl, acting director of the Federal Trade Commission’s Bureau of Consumer Protection. He discussed the FTC’s consumer protection priorities and its initiative to reform the agency’s investigative process, says Lucy Morris of Hudson Cook LLC.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • Daubert And Product Liability: Mid-2017 Update — Part 2

    Max Kennerly headshot.jpg

    A review of recent circuit court opinions shows that, as the U.S. Supreme Court intended, the Daubert standard is flexible because science itself is flexible. Daubert is a means by which courts ensure that juries aren’t subjected to unsupported speculation; it’s not a grocery list of arbitrary requirements, says Max Kennerly of Kennerly Loutey LLC.