Life Sciences

  • April 24, 2024

    DEA's Upcoming Decision On Cannabis Likely To Be Litigated

    The potential loosening of federal restrictions on marijuana is likely to be litigated for years, and the pro-legalization camp would do well to pool resources to build the most persuasive evidentiary record it can, a leading cannabis advocate said Wednesday.

  • April 24, 2024

    UPMC Affiliate Can't Avoid False Claims Suit Over NIH Grant

    A research foundation affiliated with a University of Pittsburgh Medical Center hospital can't duck a former employee's claims that the foundation mishandled grant money and fired her for raising concerns, though UPMC itself is off the hook, a federal judge ruled Wednesday.

  • April 24, 2024

    NGM Biopharma Investor Seeks Stock Appraisal In Del.

    An NGM Biopharmaceuticals Inc. stockholder has sued for court appraisal of his stock in Delaware's Court of Chancery after the company closed on a $1.55 per share cash tender offer with an affiliate of venture fund The Column Group on Feb. 25.

  • April 24, 2024

    FDA Can Keep Most Docs Hidden From Juul's FOIA Request

    A District of Columbia federal judge has largely sided with the U.S. Food and Drug Administration in a suit by Juul Labs Inc. seeking documents related to the FDA's decision to ban its products, saying the bulk of the files fall under a privilege that protects predecision deliberations.

  • April 24, 2024

    Joe Rogan Brain Health Supplements Don't Work, Suit Claims

    A proposed class of supplement buyers is suing a brain health supplement founded and promoted by podcaster Joe Rogan in New York federal court, saying the company's own studies prove false its advertisements claiming the product is "clinically" proven to promote cognitive function.

  • April 24, 2024

    Private Equity Lag Continues To Stunt M&A Growth

    Large leveraged buyout activity remained muted in the first quarter as the refinancing of old private equity loans took precedence over new loans, contributing to a slower-than-anticipated rebound in overall mergers and acquisitions, according to a new report from data provider PitchBook.

  • April 23, 2024

    Calif. Fertility Clinic Implanted Dead Embryos, Couples Say

    An Orange County, California, fertility clinic accidentally destroyed embryos but still implanted them into patients in an attempt to cover up its mistakes, nine couples said in a suit filed Tuesday in Golden State court.

  • April 23, 2024

    Medtronic Patent Fight With Axonics Set For September Trial

    A California federal judge has lifted a stay in Medtronic's patent infringement suit against Axonics over an electrical stimulation system, while also scheduling a trial for September.

  • April 23, 2024

    GoodRx Hid Revenue Reliance On Kroger, Suit Claims

    GoodRx Holdings Inc. has been hit with a proposed class action alleging it concealed from investors the indispensability of its relationship with Kroger, leading to share declines when GoodRx announced revenue would be severely impacted because the grocery chain would no longer be accepting its discount codes.

  • April 23, 2024

    Israeli Biotech Files Ch. 15 To Implement Take-Private Deal

    Gamida Cell Ltd., an Israeli biotechnology company developing immunotherapy products, filed for Chapter 15 protection Monday in Delaware seeking the American court's approval of its foreign take-private proposal with unsecured lenders.

  • April 23, 2024

    Ex-Takeda Worker, Boyfriend To Plead Guilty In Invoice Scam

    A former Takeda Pharmaceutical Co. employee and her boyfriend plan to plead guilty to a $2.3 million phony invoice scheme, their lawyers told a Massachusetts federal judge on Tuesday.

  • April 23, 2024

    Drugmakers Hit With RICO Suit Over Insulin Price Hikes

    The world's three largest insulin manufacturers engineered an enormous increase in the price of the lifesaving diabetes medication through an "unfair and deceptive conspiracy" with household-name pharmacies, letting all involved reap extraordinary profits for 20 years, according to a lawsuit in Connecticut federal court.

  • April 23, 2024

    Fenwick, Covington Build $750M Sale Of Pharmaceutical Biz

    Global biopharmaceutical company Incyte, advised by Covington & Burling LLP, on Tuesday announced plans to buy clinical-stage drug discovery company Escient Pharmaceuticals, led by Fenwick & West LLP, for $750 million.

  • April 23, 2024

    Pre-Merger Deal Prompts Pharma Co. Derivative Suit In Del.

    An Ayala Pharmaceuticals stockholder has launched a derivative suit against the company's board and controlling investors in Delaware's Court of Chancery, accusing directors of issuing new shares to the controllers at far below market value, timed to take advantage of an asset sale worth up to $85 million.

  • April 23, 2024

    Colo. Neural Privacy Law Has Attys Scratching Their Heads

    Colorado's governor signed the nation's first law specifically protecting neural data last week, but privacy attorneys say key caveats in the legislation leave them unsure how far the measure really goes.

  • April 22, 2024

    HHS Finalizes Rule Bolstering Abortion Privacy Protections

    The U.S. Department of Health and Human Services on Monday issued a finalized version of its new rule that aims to protect the privacy of abortion providers and patients by prohibiting the disclosure of information related to "lawful reproductive health care," according to an announcement made by the agency.

  • April 22, 2024

    Eli Lilly Tells Fed. Circ. $177M Patent Loss Was Rightly Axed

    Eli Lilly & Co. has urged the Federal Circuit to uphold a Massachusetts federal judge's decision that wiped out a $176.5 million verdict against it for infringing Teva migraine drug patents, saying the lower court correctly found the patent claims to be invalid.

  • April 22, 2024

    9th Circ. Backs Class Cert. In Pet Supplement False Ad Suit

    The Ninth Circuit on Monday upheld certification of a consumer class accusing health supplement company Nutramax of falsely marketing Cosequin as promoting healthy joints in dogs, saying an economics expert could use a generic and "otherwise reliable" damages model without applying it specifically to the class at this stage.

  • April 22, 2024

    J&J Fired Worker For Old Case Against New Boss, Suit Claims

    A former senior medical affairs director for Johnson & Johnson's research unit sued the company on Friday in New Jersey state court, alleging she was fired in retaliation for a separate lawsuit filed years earlier in which she named a boss from her prior employer who had recently joined Johnson & Johnson.

  • April 22, 2024

    J&J Hit With $45M Talc Verdict In Illinois Cancer Trial

    An Illinois state jury has awarded $45 million to the estate of a woman who died from mesothelioma after using Johnson & Johnson's talc-based baby powder for years, finding that her exposure to asbestos fibers in the powder led to her cancer.

  • April 22, 2024

    Opioid Marketer Completes $1.5M Damages Settlement With Del.

    Delaware's chancellor signed off Monday on a $1.5 million payment to the state by a company that helped Purdue Pharmaceuticals market its opioid products, the latest step in a $358 million, 50-state damages settlement reached with Publicis Health LLC.

  • April 22, 2024

    Broker In Penny Stock Scheme Says SEC Is Forum Shopping

    A former California securities broker serving a prison term for a $150 million pump and dump scheme said Monday that a companion civil case brought by the Securities and Exchange Commission does not belong in Massachusetts.

  • April 22, 2024

    DEA Tells 9th Circ. 'Right To Try' Doesn't Rewrite CSA

    The U.S. Drug Enforcement Administration is urging the Ninth Circuit to reject an appeal by a doctor who seeks to administer psilocybin to terminal cancer patients to treat depression, saying the Right to Try Act doesn't waive the Controlled Substances Act's prohibitions or authorize the DEA to do so.

  • April 22, 2024

    J&J Says Worker's Drug Costs Suit Misses Big Picture

    Johnson & Johnson asked a New Jersey federal judge to toss a worker's suit claiming employees were overcharged for their prescriptions under a drug benefit program because of a contract with a pharmacy benefits manager, saying employees didn't show they could've gotten a better deal elsewhere.

  • April 22, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware's Chancery Court news included a Tesla announcement about moving to Texas, a midcase appeal of Tripadvisor's move to Nevada, and United Airlines' escape from a stockholder suit. Disputes about board entrenchment, squeeze-out mergers, co-founder fallouts and deadly ice cream moved ahead.

Expert Analysis

  • 7th Circ. Mootness Fee Case May Curb Frivolous Merger Suits

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    On April 15, the Seventh Circuit in Jorge Alcarez v. Akorn Inc. mapped out a framework for courts to consider mootness fees paid to individual shareholders after the voluntary dismissal of a challenge to a public company merger, which could encourage objections to mootness fees and reduce the number of frivolous merger challenges filed, say attorneys at Skadden.

  • Fintiv Denials Are On The Rise At PTAB

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    Following last year's CommScope v. Dali decision, the Patent Trial and Appeal Board is increasingly using Fintiv factors to discretionarily deny inter partes review petitions — and attorneys ignore it at their peril, say Josepher Li and Michelle Armond at Armond Wilson.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • Cos. Must Prepare For Calif. Legislation That Would Ban PFAS

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    Pending California legislation that would ban the sale or distribution of new products containing intentionally added per- and polyfluoroalkyl substances could affect thousands of businesses — and given the bill's expected passage, and its draconian enforcement regime, companies must act now to prepare for it, say attorneys at Alston & Bird.

  • FDA Warning Letter Tightens Reins On 'Research Only' Labels

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    A recent warning letter from the U.S. Food and Drug Administration to Agena Bioscience alleged the company’s diagnostic devices were labeled for research use only, but improperly promoted for human clinical purposes, signifying a reinforcement — and a potential narrowing — of the agency's policy on products labeled “research only,” say attorneys at Sheppard Mullin.

  • Practical Pointers After Fed. Circ. Double-Patenting Decision

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    With the Federal Circuit recently denying a full court review of In re: Cellect, a decision regarding obviousness-type double-patenting, affected patent family holders should evaluate their rights through both patent prosecution and future litigation lenses to minimize risks, say Austin Lorch and Jeff Wolfson at Haynes Boone.

  • Highlights From The 2024 ABA Antitrust Spring Meeting

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    U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.

  • Strategies For Challenging A Fla. Grand Jury Report's Release

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    A Florida grand jury’s recent report on potential wrongdoing related to COVID-19 vaccines should serve as a reminder to attorneys to review the myriad legal mechanisms available to challenge the lawfulness of a grand jury report’s publication and expunge the names of their clients, says Cary Aronovitz at Holland & Knight.

  • Patent Lessons From 8 Federal Circuit Reversals In March

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    A number of Federal Circuit patent decisions last month reversed or vacated underlying rulings, providing guidance regarding the definiteness of a claim that include multiple limitations of different scopes, the importance of adequate jury instruction, the proper scope of the precedent, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • A Look At Ex Parte Seizures 8 Years Post-DTSA

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    In the eight years since the Defend Trade Secrets Act was enacted, not much has changed for jurisprudence on ex parte seizures, but a few seminal rulings show that there still isn’t a bright line on what qualifies as extraordinary circumstances warranting a seizure, say attorneys at Finnegan.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • AI In The Operating Room: Liability Issues For Device Makers

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    As healthcare providers consider medical devices that use artificial intelligence — including systems to help surgeons make decisions in the operating room — and lobby to shift liability to device manufacturers, companies making these products must review potential product liability risks and important design considerations for such equipment, say attorneys at Troutman Pepper.

  • Del. Lessons For Director-Nominees On Sharing With Activists

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    The Delaware Chancery Court's recent decision in Icahn Partners v. deSouza finding that a director wasn't permitted to share certain privileged information with the activist stockholders that nominated him shows the need for companies to consider imposing appropriate confidentiality requirements on directors, say attorneys at Sullivan & Cromwell.

  • 10 Years After Alice, Predictability Debate Lingers

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    A decade after the U.S. Supreme Court’s Alice ruling, critics continue to argue that the subject matter eligibility framework it established yields inconsistent results, but that contention is disproved by affirmance data from the Federal Circuit, district courts and the Patent Trial and Appeal Board, say Dennis Abdelnour and David Thomas at Honigman.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

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