Conn. Seems Open To Limits On Drug Price Cap Enforcement

By Aaron Keller

The state of Connecticut suggested Tuesday that drug sales to the state were not the same as drug sales "in this state" as defined by state law, a stance drug manufacturers promised to leverage in their efforts to block an impending drug price cap.

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Mistrial Declared In Fla. Opioid Case Against Pharmacies

By David Minsky

A Florida state judge declared a mistrial following a hung jury after two weeks of deliberations in a lawsuit brought by hospitals alleging that Walmart, Walgreens and CVS pharmacies negligently doled out painkillers and contributed to the opioid crisis. 

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Cooley Adds 30-Person Life Sciences IP Team From Dechert

By Christine DeRosa

A trio of Dechert LLP partners, including the co-chair of its global intellectual property practice, have joined Cooley LLP alongside a team of special counsel, associates and patent agents, the firm announced Tuesday.

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Analysis

Hagens Berman's Novel DOJ Referral May Have Chilling Effect

By Emma Cueto

A Pennsylvania federal judge's unusual decision to refer prominent plaintiffs firm Hagens Berman LLP to the U.S. Department of Justice for possible criminal investigation over its pursuit of claims related to morning sickness drug thalidomide could have a chilling effect on lawyers' advocacy, law professors and attorneys said.

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Generic-Drug Group Backs House Bill On Skinny Labels

By Elliot Weld

An industry group representing the generic and biosimilar drug manufacturing sector has applauded the introduction of a U.S. House of Representatives bill titled The Skinny Labels, Big Savings Act, saying it will reduce prices across healthcare.

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Medical Appliance Co. Seeks Coverage For SEC Investigation

By Mark Payne

A Connecticut-based medical device technology company told a federal court that its insurer wrongfully denied coverage for an investigation by the Securities and Exchange Commission, alleging in a new lawsuit that the federal government's inquiry into the company's insured members triggered its directors and officers policy. 

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Expert Invoices Discoverable In J&J Talc MDL, Judge Says

By George Woolston

A New Jersey federal judge said Monday that the plaintiffs steering committee can receive invoices for Johnson & Johnson's experts' work relating to multidistrict litigation alleging the use of talcum powder caused ovarian cancer and mesothelioma, but only after it produces its own expert invoices.

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Brief

NJ Drugmaker, Chubb Settle $6.5M Defense Costs Suit

By Mark Payne

A New Jersey pharmaceutical company and Chubb have reached a settlement to end a lawsuit alleging the insurer owes nearly $6.5 million in outstanding legal fees stemming from a multibillion-dollar arbitration dispute over the development of a COVID-19 drug, according to a stipulation of dismissal from the companies. 

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Teleflex To Divest Multiple Units In Deals Topping $2B

By Al Barbarino

Simpson Thacher & Bartlett LLP-advised Teleflex Inc. said Tuesday it has agreed to sell several units to private equity firms Montagu and Kohlberg, and to Britain's Intersurgical Ltd., for a combined $2.03 billion in cash.

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Adapting To A Plaintiff-Side Mindset For Patent Monetization

A recent decrease in risk for patent owners at the U.S. Patent and Trademark Office, combined with increased corporate interest in monetizing patent assets, creates an attractive case for evaluating patents from a plaintiff-side mindset, but in-house counsel transitioning from a defense-side mindset to a plaintiff-side mindset should study certain considerations, says Kate Tellez at Steptoe.

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AI Evidence Rule Tweaks Encourage Judicial Guardrails

Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.

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Bonus Spotlight

MoFo, Kellogg Hansen Exceed Prevailing BigLaw Bonus Scale

By Anna Sanders

Morrison Foerster LLP and boutique law firm Kellogg Hansen Todd Figel & Frederick PLLC both recently unveiled above-market bonuses, according to a MoFo in-house memo and a media report. 

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Trustee Says Winston & Strawn Is Liable For $1.7B Fintech Bust

By Lynn LaRowe

The trustee of the bankrupt self-styled "anti-woke" financial technology startup GloriFi said Winston & Strawn LLP shouldn't be allowed to escape a malpractice lawsuit over the company's $1.7 billion failure, saying the firm was a knowing participant in the allegedly unlawful activities of its then-CEO.

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Consulting Co. Says Law Firms' Malpractice Cost It $10M

By Rachel Konieczny

A Colorado consulting company told a state court that an Am Law 200 firm and a now-dissolved law firm committed legal malpractice that cost the company $10 million in a lending transaction. 

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Uber May Win Sanctions On Atty Who Disclosed MDL Docs

By Bonnie Eslinger and Mike Curley

A California federal judge said Tuesday it appeared an attorney for plaintiffs claiming Uber failed to protect passengers from sexual assault "acted in a cavalier manner" with a protective order in the multidistrict litigation, but didn't rule on Uber's requests for monetary sanctions nor its bid to kick the attorney off the plaintiff steering committee.

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Brief

Democrats Push For $1.76B To Fix Defender Budget Shortfall

By Courtney Bublé

Almost 50 Democratic lawmakers are urging congressional appropriators to fix the long-standing budget shortfall for federal defenders in the upcoming full-year budget.

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DOJ Says It Could Indict Comey Again

By Jared Foretek

The U.S. Department of Justice on Tuesday said it may once again seek charges against ex-FBI Director James Comey, asking a D.C. federal judge to dissolve a temporary restraining order that bars prosecutors from using evidence seized from Comey's former attorney.

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Analysis

FERC's Fate Uncertain As Humphrey's Executor Teeters

By Keith Goldberg

The future of the Federal Energy Regulatory Commission may hinge on whether the U.S. Supreme Court will remake its 90-year-old precedent that protects members of independent agencies from being fired at will by the president.

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Senate Confirms 3 Judges For La., Miss.

By Courtney Bublé

The U.S. Senate confirmed three judicial nominees Tuesday for federal courts in Louisiana and Mississippi.

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