The U.S. Department of Health and Human Services on Monday aired its eagerly awaited plan to force disclosure of drug prices in pharmaceutical advertisements, setting the stage for a major court fight. Here are four key takeaways about the plan’s details, possible impact and likely prospects in litigation.
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Analysis

4 Key Takeaways As HHS Demands Drug Prices In TV Ads

The U.S. Department of Health and Human Services on Monday aired its eagerly awaited plan to force disclosure of drug prices in pharmaceutical advertisements, setting the stage for a major court fight. Here are four key takeaways about the plan’s details, possible impact and likely prospects in litigation. Read full article »

Abbott Says Former Exec Stole Marketing 'Playbook'

Abbott Laboratories on Monday accused a former manager of developing the health care giant’s “playbook” for chronic pain therapy marketing while knowing he would leave for a competitor, and is now suing to block him from working for Nevro Corp. Read full article »

7th Circ. Revives Sex Harassment Witness' Firing Suit

The Seventh Circuit on Monday revived a retaliation suit accusing medical equipment manufacturer Stryker of illegally firing an employee because she reported the sexual harassment of a colleague, saying there was enough evidence for a jury to decide whether her complaint led to her ouster. Read full article »

Ex-NECC Workers Blame Boss In Fraud Case

​Attorneys for six former New England Compounding Center employees accused of misleading regulators about the workings of the facility whose tainted drugs caused a deadly meningitis outbreak placed the blame on the workers' boss​ in statements to a Boston federal jury Monday. Read full article »

Analysis

$4.8B Akorn Ruling More Outlier Than Shift At Chancery

An unprecedented Delaware Chancery Court finding that Fresenius Kabi AG can terminate a $4.8 billion merger with Akorn Inc. earlier this month appears to be more of a deal outlier than a change in court direction on merger-killing adverse event clauses, some attorneys say. Read full article »

IN-DEPTH

By the Numbers

Gender Disparity At The High Court: How Top Law Firms Measure Up

For the women at elite law firms, an enduring gender gap among advocates can create a high hurdle for their high court ambitions. Here, Law360 looks at the law firms where women score Supreme Court arguments, and where they don’t. (This article is part of a series examining the gender gap among high court advocates.) Read full article »

ENFORCEMENT & COMPLIANCE

DOJ Charges Florida Men with $1B Telemedicine Fraud Scam

Four Florida men and seven pharmacies have been indicted for their role in a massive $1 billion telemedicine fraud scheme that involved submitting fraudulent claims for payment for marked-up pain cream and other products to insurance companies, the U.S. Department of Justice said Monday.  Read full article »

LITIGATION

Pharma Inventor's Ex-Wife Sues Him Over Patent Ownership

A pharmaceutical inventor and entrepreneur was hit with a derivative lawsuit on Friday in Delaware Chancery Court by his former wife over ownership of a patent that she claims he is improperly trying to license to a pharmaceutical company. Read full article »

Express Scripts Not Hurt By Alleged Breach, Pharmacies Say

Two compounding pharmacies are fighting back against Express Scripts Inc.’s claims that they withheld prescription refunds in violation of their contracts by telling a Missouri federal court that the pharmacy benefit manager hasn’t suffered any harm or provided enough details about the requested refunds. Read full article »

Energy Drink Falsely Touts Nutritional Supplements, Suit Says

A consumer has launched a putative class action against energy drink maker Vital Pharmaceuticals Inc. in Illinois federal court, alleging the company’s Bang energy drinks contain none or only small amounts of the nutritional supplement ingredients claimed on the label. Read full article »

Opioid MDL Needs Gov't Docs To Advance, Drugmakers Say

Opioid makers and pharmacies on Monday backed a special master's ruling that requires local governments suing drugmakers in multidistrict litigation over the opioid epidemic to identify hundreds of prescriptions, saying that so far they've borne the brunt of coughing up discovery information. Read full article »

Ill. Health Insurance Nonprofits Sue Over Opioid Crisis

Two Illinois nonprofits that provide municipalities with workers’ compensation and employee health insurance on Monday hit opioid makers and distributors with a suit they called the first of its kind in the state over the costs of the opioid epidemic. Read full article »

DEALS

Deals Rumor Mill: Innovent, Lime, HNA

Innovent Biologics wants to raise as much as $422 million when it goes public in Hong Kong, scooter and bike startup Lime has talked to investors about more funding and an at least $3.3 billion valuation, and HNA Group is looking to sell consulting and technology company Pactera. Read full article »

EXPERT ANALYSIS

CFIUS Pilot Program: Immediate Investment Implications

The Committee on Foreign Investment in the United States has announced a pilot program to review noncontrolling foreign investments in certain U.S. industries that were formerly outside the scope of its jurisdiction. This is a rapid assertion of CFIUS' new powers under the Foreign Investment Risk Review Modernization Act, say attorneys with Ropes & Gray LLP. Read full article »

LEGAL INDUSTRY

Feature

Why Is There So Much Bullying In The Legal Industry?

Mounting evidence shows the legal industry has a serious problem with bullying and harassment, a reality that some say is caused by structural inequality, while others point to a culture of aggression. Read full article »

1 In 4 Women In Law Experienced Recent Harassment: Report

One in four professional women working in the legal industry experienced some form of sexual harassment or misconduct in the past five years, according to a survey released Monday. Read full article »

New Trial Boutique Eschews Billable Hours, Partner Track

Thirteen litigators have left McKool Smith to form Reichman Jorgensen LLP, a new trial boutique with offices in New York, Silicon Valley and Atlanta, leaving behind not only their previous law firm but also the billable hour as the new firm operates solely on an alternative fee basis, the firm announced Monday.  Read full article »

Calif. Supreme Court Recuses Itself In Judicial Raises Case

The entire California Supreme Court has recused itself from an appeal that involves whether the Golden State owes about $36 million worth of back wage and pension payments to a class of more than 3,000 current and former judges. Read full article »

Fla. Gov. Can't Name 3 Justices To High Court On Final Day

The Florida Supreme Court ruled Monday that Gov. Rick Scott cannot appoint three justices to the court on his final day in office and said the governor had overstepped this authority by prematurely asking the judicial nominating commission to begin the process of selecting candidates to replace three retiring justices. Read full article »

Interview

15 Minutes With Brooks Running Co.'s General Counsel

Brooks Running Co. is known in the sport's community for its "Run Happy" tagline. For its general counsel, Barbara Barrilleaux, the phrase means leading a healthy lifestyle overall. In the midst of the fall marathon season, she recently told Law360 which U.S. Supreme Court justice she wants to share a 20-minute run with, her favorite running route and her responsibilities as the top lawyer of the company. Read full article »

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COMPANIES

3M Company

Abbott Laboratories

Akorn Inc.

Alcoa Inc.

America's Health Insurance Plans

American Bar Association

American Medical Association Inc.

Arconic Inc.

BlueCross BlueShield of Tennessee Inc.

Endo International PLC

Express Scripts Holding Co.

FTI Consulting Inc.

Fresenius Kabi AG

HP Inc.

Helmerich & Payne Inc.

International Bar Association

Kirkland's, Inc.

McKesson Corp.

Monster Beverage Corp.

NYCwireless Inc.

Nevro Corp.

New England Compounding Pharmacy Inc.

PhRMA

Purdue Pharma LP

Stryker Corp.

Swissport International Ltd.

The Coca-Cola Company

VPX Sports

Walgreen Co.

LAW FIRMS

Akin Gump

Arnold & Porter

Barbat Mansour

Cahill Gordon

Cravath Swaine

Debevoise & Plimpton

Dechert

Edelson PC

Frier & Levitt

Gibson Dunn

Goldstein & Russell

Greg Coleman Law

Hogan Lovells

Holland & Knight

Husch Blackwell

Jackson Lewis

Jenner & Block

Jones Day

Kellogg Hansen

King & Spalding

Kirkland & Ellis

Kohn Swift

Lowenstein Sandler

Mayer Brown

McDermott Will

McKool Smith

Morgan Lewis

Morris Nichols

Munger Tolles

Murphy & King

Nixon Peabody

Outten & Golden

Paul Weiss

Potter Anderson

Quinn Emanuel

Reichman Jorgensen

Riley Safer

Ropes & Gray

Seyfarth Shaw

Sidley Austin

Skadden

Smith & King LLC

WilmerHale

GOVERNMENT AGENCIES

California Attorney General's Office

California Supreme Court

Centers for Medicare & Medicaid Services

Committee on Foreign Investment in the United States

Delaware Court of Chancery

Equal Employment Opportunity Commission

Florida Supreme Court

Food and Drug Administration

Risk Management Agency

U.S. Attorney's Office

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Department of the Treasury

U.S. Supreme Court