A New York federal judge on Friday signed off on $44.6 million in fees for attorneys who secured a $210 million settlement to end a proposed class action by Salix Pharmaceuticals Ltd. shareholders claiming the company misrepresented inventory levels to falsely inflate its stock price.
An attorney convicted of fraudulently inflating a medical device company’s stock has petitioned the U.S. Supreme Court to take up his case, saying the Eleventh Circuit was wrong to sign off on prosecutors’ decision to knowingly use false testimony in his trial by reasoning that the government didn’t suppress evidence that the witnesses lied.
A Mississippi federal jury on Friday sided with Johnson & Johnson unit Janssen Pharmaceuticals Inc. and Bayer HealthCare Pharmaceuticals Inc. in a bellwether case brought by a woman claiming the blood thinner Xarelto caused gastrointestinal bleeding that required her hospitalization, according to the plaintiff’s and defendants’ representatives.
A Texas federal jury Friday found the former CEO of ArthroCare Corp. guilty of wire fraud and securities fraud for his role in a scheme to inflate the medical device company’s sales and revenue numbers, which cost investors $750 million, after his first conviction was vacated and gave way to a retrial.
A Ninth Circuit panel on Friday revived some of the claims in a securities fraud class action against Atossa Genetics Inc. after finding that the investors behind the suit had properly alleged some public statements by the breast health device maker and its CEO were materially false or misleading.
A California federal judge on Thursday tossed Phigenix Inc.’s patent infringement suit against Genentech Inc. over a breast cancer drug, finding no evidence that Genentech encouraged health care professionals to administer Kadcycla to a narrow subclass of patients or even knew they existed.
Two surgery supply companies have urged the U.S. Supreme Court to deny certiorari to a specialized sutures company’s challenge to an antitrust decision over “bundled” sales of surgery products, saying the suture company’s claim of a circuit split and of an anti-competitive market for its goods are both erroneous.
Apotex Inc. waited until litigation over the U.S. Food and Drug Administration's denial of orphan drug exclusivity for Eagle Pharmaceuticals Inc.'s chemotherapy injection Bendeka was nearly over before saying it needed to be involved to protect its in-process generic, Eagle said Thursday, urging the D.C. federal court to keep its competitor out of the suit.
A Massachusetts federal judge signed off on a $5,600 settlement between the U.S. Securities and Exchange Commission and a woman accused of tipping off her parents about regulatory concerns involving a cancer drug after questioning both sides about the no-fault pact.
A Johnson & Johnson unit has launched an appeal challenging a Pennsylvania judge's order reviving a woman's bid for damages over injuries she claims she suffered after receiving a pelvic mesh implant, despite a recent jury verdict clearing the company of liability.
A Washington state medical marijuana collective-garden owner is asking the U.S. Supreme Court to take on his tax assessment appeal, arguing federal drug law preempts state tax collection on sales of banned substances and that paying up would be admitting to pending criminal allegations, in violation of the Fifth Amendment.
Abbott Laboratories scored a win in its long-running patent fight with Enzo Life Sciences Inc. over DNA testing when a Delaware federal judge recently ruled that claims in a patent Abbott was accused of infringing were invalid because they didn’t adequately explain how to make the invention.
Par Pharmaceutical Cos. Inc. beat False Claims Act allegations brought by a retired pharmacist, the U.S. and two states, when an Illinois federal judge ruled Thursday that the pharmacist was not the original source for the prescription-switching allegations and that the Medicaid claims were not actually shown to be false.
Enough of Stada Arzneimittel AG investors have backed Bain Capital’s and Cinven’s sweetened €4.12 billion ($4.8 billion) takeover of the German pharmaceutical company for it to move forward, after an earlier buyout offer from the private equity shops fell flat, according to a Friday statement.
The Illinois federal judge overseeing multidistrict litigation over medical device manufacturer Zimmer Inc.’s NexGen knee implants said Friday she expects the parties to engage in serious settlement talks or mediation in the more than six-year-old case.
The U.S. Food and Drug Administration on Friday invited wide-ranging feedback on its plan to overhaul broadcast advertisements for prescription drugs so that fewer risks are disclosed, the latest chapter in a yearslong process.
U.S. Reps. Elijah E. Cummings and Peter Welch, Democrats from Maryland and Vermont, respectively, on Thursday announced an investigation into price hikes for multiple sclerosis drugs made by companies including Bayer, Novartis, Sanofi, Teva and Roche.
A panel of Financial Industry Regulatory Authority officers has dismissed allegations a former Citigroup research analyst improperly passed on info concerning Medtronic Inc.’s merger with Covidien PLC, ruling there was no evidence the analyst gave out material non-public information.
A drugmaker hit a pharmaceutical information provider with a lawsuit in California federal court on Thursday, alleging that its upcoming decision to designate prenatal vitamins as nonprescription is a deceptive change that will devastate its business and deny poor pregnant women the nutrients that prevent birth defects.
Federal prosecutors urged a New York federal court on Wednesday to deny former Hunton & Williams LLP patent lawyer Robert Schulman's bids for acquittal and a new trial, saying his new arguments about the government's supposed failure to prove a single insider trading conspiracy between him, his investment adviser and a friend of the adviser are "meritless."
Federal courts across the country are handing down important rulings interpreting the U.S. Supreme Court’s landmark decision on False Claims Act liability in Universal Health Services v. Escobar. As the rulings keep pouring in, stay up to speed on Law360’s latest coverage and analysis of Escobar’s impact.
David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.
As prescriptions for pain-suppressing opioids have soared, some have speculated that litigation will follow. Such litigation could take various forms, including personal injury lawsuits making design defect and/or failure-to-warn claims, consumer fraud actions, and more. Manufacturers and retailers should take steps now to protect themselves, say authors from Innovative Science Solutions and Locke Lord LLP.
There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)
Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.
Proportionality is often a question of whether discovery production has reached a point of diminishing returns, and about the marginal utility of additional discovery once the core discovery in the case has been completed. In other words, proportionality is a method to avoid going in circles or getting sidetracked, not an excuse for cutting corners, says Max Kennerly of Kennerly Loutey LLC.
As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.
In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.
For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.
If the Delaware bankruptcy court were to find in the case of Millennium Lab Holdings that it lacks constitutional authority to approve nonconsensual third-party releases, such releases as part of a Chapter 11 plan will be even more difficult to obtain than they are already, say Stephen Zide and Rachael Ringer of Kramer Levin Naftalis & Frankel LLP.
The U.S. Supreme Court’s decision last year in Escobar should alter the way the government, defendants and courts approach discovery into the government’s knowledge and deliberations in False Claims Act cases, say Ethan Posner and Noam Kutler of Covington & Burling LLP.