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Life Sciences
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March 20, 2025
Class In Bayer 'One A Day' Gummies Lawsuit Gets Judge's OK
A New York federal judge on Wednesday certified a class of consumers who allege that the labeling on Bayer's "One A Day" vitamin gummies is misleading, finding that an expert's survey found that the consumers found that it was so.
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March 20, 2025
8th Circ. Won't Pause FTC's Insulin Pricing Case
The Eighth Circuit refused Thursday to pause the Federal Trade Commission's in-house case accusing Caremark Rx, Express Scripts and OptumRx of artificially inflating insulin prices while the pharmacy benefit managers challenge the constitutionality of the proceedings.
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March 20, 2025
MiMedx Challenges FDA Classification Of Wound Care Powder
Biomedical company MiMedx Group urged a Georgia federal judge on Thursday to overturn the U.S. Food and Drug Administration's classification of a wound care treatment as a biological product, arguing the agency misapplied its own regulations.
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March 20, 2025
6th Circ. Judge Skeptical Of Mich. Newborn Screening Ruling
A Sixth Circuit panel questioned Thursday if Michigan's practice of holding onto blood samples collected through a newborn health screening program violates parents' rights to make medical decisions for their children, with one judge saying he didn't see evidence for that proposition.
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March 20, 2025
Oracle Eyes Stake In TikTok's US Entity, And More Rumors
Oracle is considering acquiring a stake in TikTok's U.S. operations that would allow the social media giant to continue doing business here under certain security assurances. Meanwhile, Brookfield Asset Management has emerged as the top contender to acquire Colonial Pipeline, and German drugmaker Stada is delaying its IPO until at least September because of market volatility. Here, Law360 breaks down the notable deal rumors from the past week.
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March 20, 2025
Medical Malpractice Insurers Ink $1.3B Merger Deal
Physician-owned medical malpractice insurer The Doctors Company has agreed to acquire ProAssurance Corp. in a deal valued at approximately $1.3 billion, in what the company said will create a combined entity with approximately $12 billion in assets.
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March 19, 2025
Ohio Judge Blasts Fla. Atty In Opioid MDL For False Statements
The Ohio federal judge overseeing multidistrict opioid litigation has sanctioned a Florida attorney who represents 15 municipal subdivision plaintiffs for repeatedly stating that members of their attorney leadership team regularly engaged in improper communications with the court.
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March 19, 2025
Sotera Beats Shareholder Suit Over Sterigenics Emissions
Life sciences company Sotera Health has beaten a shareholder suit alleging it made a series of false and misleading statements about its environmental controls and liability exposure from numerous lawsuits against subsidiary Sterigenics, with the court ruling the plaintiffs have not shown the company intended to deceive the public.
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March 19, 2025
Ohio Opioid Judge Says Texas Court Should Hear Appeal Bid
An Ohio federal judge overseeing multidistrict opioid litigation denied Albertsons Cos.' request to appeal its summary judgment loss in the bellwether case brought by a Texas county, saying Wednesday that since pretrial proceedings are now done, the appeal should head to the appellate court for the Lone Star State.
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March 19, 2025
Pillsbury Adds Commercial Deal Pro From A&O Shearman
Pillsbury Winthrop Shaw Pittman LLP has expanded its global sourcing and technology transactions practice with the addition of the U.S. head of Allen Overy Shearman Sterling's digital, data, intellectual property and technology practice.
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March 19, 2025
Law360 Announces The Members Of Its 2025 Editorial Boards
Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.
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March 19, 2025
Advanced Instruments Buys Nova Biomedical In $2.2B Deal
Biopharmaceutical and clinical markets analytical instruments provider Advanced Instruments, repped by Simpson Thacher & Bartlett LLP, on Wednesday unveiled plans to acquire Nova Biomedical, advised by Davis Polk & Wardwell LLP, from its founding shareholders for an enterprise value of $2.2 billion.
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March 19, 2025
Purdue Pharma Files New $7.4B Ch. 11 Plan Settlement
Bankrupt OxyContin maker Purdue Pharma LP filed a new Chapter 11 plan in a New York bankruptcy court, including a $6.5 billion payment from members of the Sackler family who own the company and $900 million from the debtor, that aims to compensate thousands of creditors for damages from opioid sales.
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March 18, 2025
Emisphere, Novo Nordisk Sale Suit On Track For Settlement
Former Emisphere Technologies Inc. stockholders are set to settle stockholder litigation over the $1.8 billion sale of the biotechnology company to Novo Nordisk A/S, a Robbins Geller Rudman & Dowd LLP attorney informed Delaware's Chancery Court on Tuesday, saying a stipulation of settlement should be in next month.
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March 18, 2025
ITC To Review Whether Tourniquet Importers Are Ignoring Ban
The U.S. International Trade Commission said that it is going to look into claims from a tourniquet maker that importers are ignoring a ruling last year that banned foreign counterfeit products.
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March 18, 2025
Full 9th Circ. Mulls Reviving Workers' LA Schools Vax Fight
Unvaccinated workers urged an en banc Ninth Circuit panel Tuesday to affirm a split decision reviving their proposed class action challenging a since-rescinded Los Angeles Unified School District's employee COVID-19 vaccine policy, while the district's counsel defended the policy as necessary and prudent, but also argued the case is moot.
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March 18, 2025
Drugmaker's $10.5M Deal In Investor FDA Approval Suit OK'd
A California federal judge has preliminarily approved a $10.5 million settlement between oncology drug company ImmunityBio and investors who claim they were misled over the likelihood the U.S. Food and Drug Administration would approve the company's bladder cancer drug.
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March 18, 2025
HHS Seeks Early Win Over Lilly, Novartis, BMS In Rebate Row
The U.S. Department of Health and Human Services urged a D.C. federal judge Monday to grant it an early win against behemoth drugmakers' claims that it unlawfully blocked their plans to offer after-the-fact rebates, rather than up-front discounts, to safety-net hospitals via a decades-old federal drug pricing program.
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March 18, 2025
Lab Co-Founder Takes Stand For Gov't In $40M Testing Case
A co-founder of a laboratory accused of submitting $40 million in unnecessary COVID-19 and genetic testing claims to healthcare benefit programs took the stand for the government on Tuesday, first testifying that the lab used an unauthorized test to cut corners and save money before admitting on cross-examination that the test was chosen because it performed better.
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March 18, 2025
J&J Denies 'Evil Motive' In Face Of $30M Talc Damages
Johnson & Johnson did not act with the kind of "evil motive" that would justify a $30 million punitive damages award to a Connecticut man who won a lawsuit alleging its talc products caused his lung cancer, the company argued Tuesday in state court.
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March 18, 2025
Ga. Hospital Failed To Protect Data Of 120K, Patient Says
A former patient of a southwest Georgia hospital hit the provider with a proposed class action Monday over a data breach last year, alleging that it failed to secure 120,000 customers' personal information before it was filched in a cyberattack.
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March 18, 2025
Bausch Eye Vitamin Case Should Go To Jury, Judge Says
The maker of eye care product MacularProtect shouldn't get a ruling clearing it from allegations it infringed Bausch & Lomb patents related to its PreserVision vitamin based on a doctrine allowing patent holders to claim infringement if an accused product is similar enough to the patented invention, a federal magistrate judge in Delaware has said.
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March 18, 2025
MilliporeSigma Says Rival Raided Workers Under Non-Solicits
Life sciences company MilliporeSigma is accusing direct competitor Solvias USA of raiding its roster to hire away several top sales executives, all of whom were still subject to non-solicitation agreements, according to a lawsuit filed Tuesday in Massachusetts state court.
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March 18, 2025
AI Healthcare Co. Accuses Test-Maker Of Infringing Patents
Artificial intelligence-powered diagnostics company Tempus AI has accused medical test-maker Guardant Health of infringing numerous patents related to healthcare records platforms and ways of pinpointing patient biomarkers.
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March 18, 2025
States Oppose Term In Sandoz Price-Fixing Deal With Fla.
State enforcers still locked in price-fixing litigation against generic-drug maker Sandoz are raising objections to a cap on what they could win through settlements in Florida's recent agreement with the company, telling the Connecticut federal judge weighing approval that it would block or delay potential settlements of their own.
Expert Analysis
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How Trump 2.0 May Change Business In Latin America
Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.
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Opinion
Courts Must Curb The Drug Price Negotiation Program
The Inflation Reduction Act's drug price negotiation program upends incentive structures that drive medical innovation, and courts must act appropriately to avoid devastating consequences for American healthcare and the pharmaceutical industry, says Jeff Stier at the Consumer Choice Center.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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How To Manage During A Trade Dispute With USMCA Partners
Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.
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Rejoinder Strategy After Allergan Double-Patenting Case
A closer look at last year's Allergan v. MSN case at the Federal Circuit highlights the importance of rejoinder during patent prosecution in view of the risks associated with obviousness-type double patenting based on later-filed applications in the same patent family, say attorneys at BCLP.
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Takeaways From 2024's Emerging IP Licensing Trends
Themes in intellectual property licensing from the past year – including artificial intelligence; risk management; and name, image and likeness rights – highlight key considerations for navigating an evolving landscape, say attorneys at Ballard Spahr.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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Lessons Learned From 2024's Top FMLA Decisions
Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.
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Product Safety Issues In 2024 Highlight Need For Vigilance
A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Health Tech Regulatory Trends To Watch In 2025
With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.