Life Sciences

  • February 22, 2024

    Family Dollar Accused Of Knowingly Selling Unsafe Drugs

    Two customers hit Family Dollar Stores Inc. and its parent company Dollar Tree Inc. with a proposed class action Wednesday in Florida federal court, alleging the discount chain stored over-the-counter drugs in high temperatures but still sold the unsafe products to consumers.

  • February 22, 2024

    SEC Won't Force BofA To Act On ESG Critic's Proxy Proposal

    A division of the U.S. Securities and Exchange Commission has said it wouldn't recommend enforcement action against Bank of America for excluding a climate-related shareholder request from its upcoming proxy statement, while the division rejected Pfizer's request to exclude a shareholder proposal on human rights from its proxy statement.

  • February 22, 2024

    Justices Urged To Affirm Limits On Mifepristone Access

    The Alliance for Hippocratic Medicine filed a brief in its U.S. Supreme Court case over the abortion medication mifepristone on Thursday, saying the U.S. Food and Drug Administration unlawfully rolled back various safeguards for accessing the pill, such as an in-person doctor's visit requirement.

  • February 22, 2024

    IP Forecast: Samsung Eyes Ex-Attys' Litigation Funder Chats

    Samsung plans to ask a Texas court to force a patent litigation business to disclose communications with litigation funders ahead of a trial next month over whether the tech giant's former in-house counsel stole trade secrets. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • February 22, 2024

    NYC Doc Charged Over $20M Lab-Fraud Kickback Scheme

    A federal grand jury in New Jersey has returned an indictment charging a medical doctor with receiving kickbacks in exchange for ordering medically unnecessary tests from lab companies that submitted roughly $20.7 million in false Medicare claims, the U.S. Department of Justice announced.

  • February 22, 2024

    First-Ever Anti-Doping Act Defendant Sentenced To 3 Months

    A "naturopathic" therapist who distributed performance-enhancing drugs during training for the Tokyo Olympics in 2021 has been sentenced to three months in prison by a New York federal judge, becoming the first-ever defendant to receive time in jail under the Rodchenkov Anti-Doping Act.

  • February 22, 2024

    Gilead Reaches Deal In Suit Over Counterfeit HIV Drug

    Gilead Sciences Inc. has agreed to a deal to end a suit in New York federal court against Safe Chain Solutions LLC over allegedly counterfeit versions of Gilead HIV medications, with Safe Chain being barred from buying certain Gilead products.

  • February 22, 2024

    Invisalign Maker Beats Refusal-To-Deal Claims In 3Shape Row

    The makers of Invisalign beat an antitrust class action from orthodontists and aligner buyers Wednesday after a California federal judge ruled that the company's decision to terminate its interoperability agreement with a dental scanner company was at least partly made for "legitimate business reasons."

  • February 22, 2024

    3rd Circ. Won't Protect AbbVie's Atty-Client Communications

    The Third Circuit has denied AbbVie Inc.'s bid to block a Pennsylvania federal court's order to turn over attorney communications from a patent case allegedly cooked up just to extend the company's monopoly on a testosterone drug, but the appellate court's explanation remained under seal Thursday.

  • February 22, 2024

    Opioid Drug Co. Sued In Del. For Promotion-Tied Stock Drop

    Stockholders of opioid drug producer Talphera Inc. have sued the company's top officers and directors in Delaware's Court of Chancery, seeking derivative damages for harm to the business purportedly caused by the dangerous promotion of a flagship opioid.

  • February 22, 2024

    Apple Gets PTAB Wins On 2 Masimo Blood Oxygen Patents

    The Patent Trial and Appeal Board has found that Apple has shown that most claims it challenged of two Masimo Corp. blood oxygen monitor patents are invalid, in the latest rulings in the wide-ranging patent dispute between the companies over the Apple Watch.

  • February 22, 2024

    Sorrento Says US Trustee's Protest Of Texas Venue Off Base

    Sorrento Therapeutics Inc. told a Texas bankruptcy court the company's choice to bring a Chapter 11 in the Lone Star State was sound, so the court should ignore a call from the U.S. Trustee's Office to trash or relocate the case.

  • February 22, 2024

    Biotech VC Firm ORI Capital Closes $260M Fund

    Biotech venture capital firm ORI Capital announced Thursday that it has closed a $260 million fund to invest in early-stage biotech companies globally.

  • February 22, 2024

    Mich. Judge OKs $52M Deal For Mayo Foundation Subscribers

    A Michigan federal judge on Wednesday gave the initial approval to a $52 million deal for subscribers to the Mayo Foundation's health magazine who allege the publisher shared their private information without consent.

  • February 22, 2024

    Deals Rumor Mill: Occidental, Kroger-Albertsons, BuzzFeed

    Occidental explores a $20 billion sale of Western Midstream, the FTC and some states could sue to block the $24.6 billion Kroger-Albertsons deal, and The Independent is taking over BuzzFeed's U.K. and Irish operations. Here, Law360 breaks down the notable deal rumors from the past week.

  • February 21, 2024

    39 AGs Call For Federal Pharmacy Benefit Manager Reform

    The list of critics of pharmacy benefit managers continues to grow as nearly 40 attorneys general have thrown their weight behind a trio of federal bills they say would force more transparency into an "opaque" industry that has "been a cause of rising drug prices."

  • February 21, 2024

    Former Exec Convicted Of Medtronic Insider Trading Scheme

    A Minneapolis man who tipped off a friend about his employer's secret negotiations on a $1.6 billion acquisition deal with medical device company Medtronic has been convicted of securities fraud and conspiring to commit insider trading, the Minnesota U.S. Attorney's Office has announced.

  • February 21, 2024

    FDA Let Pharma Co. 'Sidestep' Application Rules, Court Told

    The Food and Drug Administration has been hit with a suit alleging it wrongly allowed a drugmaker to expand the scope of its application to market a generic version of a blockbuster pulmonary hypertension drug.

  • February 21, 2024

    Actelion Cites FDA Safety Rules Against Tracleer Antitrust Suit

    Actelion Pharmaceuticals Ltd. said federal rules controlling distribution of potentially dangerous drugs spare it from antitrust litigation over its hypertension drug Tracleer, arguing it was required to deny needed samples to would-be generic competitors until they presented the right certification of safeguards.

  • February 21, 2024

    Kratom Buyers Say Sellers Hid Opioid-Like Addiction Risks

    A pair of kratom users are suing Ashlynn Marketing Group Inc., alleging the company hid the fact that its kratom-based products are addictive in a similar way to opioids while marketing them as safe and natural supplements.

  • February 20, 2024

    Liberal Justices Hint Chevron Deference Hanging By A Thread

    In the U.S. Supreme Court's latest battle royal over administrative powers, left-leaning justices at oral arguments Tuesday openly suggested that the landmark legal doctrine underpinning modern rulemaking might soon shrivel up, clearing the way for industry-led challenges to regulations on the books for decades.

  • February 20, 2024

    2nd Circ. Won't Restore Allergan Investors' Breast Implant Suit

    A Second Circuit panel on Tuesday declined to revive a class action accusing Allergan Ltd. of downplaying cancer risks linked to the company's breast implants, holding in a summary order that the investors failed to show any duty by Allergan to disclose certain information related to the alleged health concerns, or that the company made any false or misleading statements.

  • February 20, 2024

    High Court Blocks Bid By 3 States To Join Abortion Drug Case

    Republican attorneys general of three states on Tuesday lost in their attempt to join the U.S. Supreme Court case challenging approval of the abortion medication mifepristone, a potential blow to their efforts to ensure the case isn't dismissed for lack of standing.

  • February 20, 2024

    Fluoride Trial Judge Mulls 'Mixed' IQ Evidence In Closings

    A California federal judge questioned the EPA and environmental groups on studies linking fluoride exposure to lower IQs during bench trial closing arguments Tuesday, observing that there's a clear dose-response relationship at high levels of fluoride exposure, but at low levels, "the evidence is mixed — we've got evidence going both ways."

  • February 20, 2024

    US Trustee Wants Sorrento Ch. 11 Tossed Or Relocated

    The U.S. Trustee's Office has moved to have Sorrento Therapeutics' Chapter 11 case dismissed, alleging the biopharmaceutical company manufactured a venue in Texas bankruptcy court, even as the debtor asked for court approval to sell off its assets to its CEO under a revised reorganization plan.

Expert Analysis

  • Opinion

    Biden Admin's March-In Plan Would Hurt Medical Innovation

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    The Biden administration's proposal to reinterpret the Bayh-Dole Act and allow the government to claw back patents when it determines that a commercialized product's price is too high would discourage private investment in important research and development, says Ken Thorpe at the Rollins School of Public Health.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • What's On The Horizon In Attorney General Enforcement

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    A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.

  • Preparing For DOJ's Data Analytics Push In FCPA Cases

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    After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.

  • Reducing The Risk Of PFAS False Advertising Class Actions

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    A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • Opinion

    New Rule 702 Helps Judges Keep Bad Science Out Of Court

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    A court's recent decision to exclude dubious testimony from the plaintiffs' experts in multidistrict litigation over acetaminophen highlights the responsibility that judges have to keep questionable scientific evidence out of courtrooms, particularly under recent amendments to Federal Rule of Evidence 702, says Sherman Joyce at the American Tort Reform Association.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Opinion

    Patent Waiver For COVID Meds Would Harm US Biopharma

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    If the Biden administration backs the World Trade Organization in waiving patent rights on COVID-19 treatments, it would negatively affect the U.S. biopharmaceutical industry and help foreign competitors, without necessarily expanding global access to COVID-19 care, says clinical pathologist Wolfgang Klietmann.

  • Skirting Anti-Kickback Causation Standard Amid Circuit Split

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    Amid the federal circuit court split over the causation standard applicable to False Claims Act cases involving Anti-Kickback Statute violations, which the First Circuit will soon consider in U.S. v. Regeneron, litigators aiming to circumvent the heightened standard should contemplate certain strategies, say Matthew Modafferi and Terence Park at Frier Levitt.

  • 10 Lessons From A Deep Dive Into IP Damages

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    Decisions on challenging an intellectual property expert's opinion can benefit from the in-depth study of court rulings on admissibility grounds, where the findings include the fact that patent cases see the most challenges of any IP area, say Deepa Sundararaman and Cleve Tyler at Berkeley Research.

  • What Shareholder Approval Rule Changes Mean For Cos.

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    The U.S. Securities and Exchange Commission recently approved proposed rule changes to shareholder requirements by the New York Stock Exchange, an approval that will benefit listed companies in many ways, including by making it easier to raise capital from passive investors, say attorneys at Baker Botts.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Expediting Psychedelics Approvals In The EU, UK, Australia

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    Accelerated pathways for regulatory approvals for psychedelic drugs in the European Union, U.K. and Australia is indispensable to facilitate a seamless advancement of treatments from the research environment to the consumer, say Kimberly Chew at Husch Blackwell, and Ana Dukic and Sabrina Ramkellawan at AxialBridge.

  • Series

    ESG Around The World: Brazil

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    Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.

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