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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.