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Life Sciences
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January 31, 2025
Investors Say Walgreens Misled Over Prescription Misuse
A putative class of Walgreens shareholders has sued the retail giant in Illinois federal court, claiming it made false statements about its regulatory compliance and that stock prices fell in the wake of the federal government's allegations that Walgreens knowingly filled millions of invalid prescriptions for opioids and other controlled substances.
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February 14, 2025
Law360 Seeks Members For Its 2025 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2025 editorial advisory boards.
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January 31, 2025
Trump Funding Freeze Blocked As Court Doubts Reversal
A Rhode Island federal judge on Friday issued a temporary restraining order barring the Trump administration from freezing spending on federal grant and aid programs, calling the move illegal and saying the issue was not mooted by a White House memo claiming the directive had been rescinded.
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January 31, 2025
Conn. Justices Let McCarter Ex-Client Off $3.6M Hook
Answering a certified question from a federal judge, the Connecticut Supreme Court on Friday ruled that McCarter & English LLP can't claw an additional $3.6 million in common law punitive damages from a nutritional supplement maker as part of a protracted fee feud, holding that the firm should have pleaded and proven an "independent tort" if it wanted to pursue the money.
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January 31, 2025
JAMS Adds AI-Focused Litigation Vet To Arbitration Team
The alternative dispute resolution service JAMS has expanded its arbitration and mediation team with the addition of an attorney with over three decades of experience spanning complex commercial litigation, independent arbitration and leadership positions at the American Bar Association.
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January 31, 2025
RFK Jr. Says He'll Give Stake In Merck Vaccine Case To Son
Robert F. Kennedy Jr., President Donald Trump's pick for the nation's top healthcare position, said Friday that he would hand his financial stake in personal injury litigation against vaccine maker Merck over to an adult son.
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January 31, 2025
Seasoned Patterson Belknap Trial Team Joins Linklaters In NY
Linklaters LLP announced Friday it has brought aboard a high-profile team of litigation partners from Patterson Belknap Webb & Tyler LLP, including one who is the current president of the New York City Bar Association and a lawyer former President Joe Biden had nominated to the Third Circuit.
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January 31, 2025
Taxation With Representation: Cravath, Gibson Dunn, Milbank
In this week's Taxation with Representation, Eversource Energy sells Aquarion Water Co., Diversified Energy Partners acquires oil and gas company Maverick, Lantheus Holdings buys Evergreen Theragnostics, and NASCAR champion Jimmie Johnson becomes the majority owner in the Legacy Motor Club racing team.
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January 31, 2025
Trump's DEI Cuts Threaten USPTO Innovation Goals
President Donald Trump's recent actions to purge diversity programs from the federal government and private sector could undermine one of the top objectives of the U.S. Patent and Trademark Office in recent years: expanding access to innovation.
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January 31, 2025
4 Firms Guide Pair Of Biotech IPOs Raising $415M Combined
Shares of obesity-focused drug developer Metsera and kidney disease-focused Maze Therapeutics began trading Friday after the companies raised $415 million combined through initial public offerings, guided by four law firms, fueling an uptick of biotechnology-related IPOs.
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January 30, 2025
Pharmacy Says Its Ex-GC Destroyed Trade Secrets Evidence
Texas-based Empower Pharmacy on Thursday pressed for sanctions against its former general counsel — who also happens to be a former assistant district attorney in San Antonio — claiming that the lawyer intentionally destroyed a hard drive that contained evidence relevant to Empower's trade secrets suit against a rival pharmacy.
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January 30, 2025
2nd Circ. Sees No Skadden Conflict In Pharma Merger Work
The Second Circuit on Thursday declined to revive an investor suit alleging a merger between Sumitomo Pharma America Inc. and Myovant Sciences Ltd. was undervalued because the lawyers from Skadden Arps Slate Meagher & Flom LLP who helped negotiate the deal had undisclosed conflicts of interest.
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January 30, 2025
Plaintiffs, Pfizer Spar Over Where To Join Depo-Provera Suits
Consumers who claim Pfizer Inc. failed to adequately warn patients and doctors about the risk of brain tumors associated with the hormonal contraceptive drug Depo-Provera urged the U.S. Judicial Panel on Multidistrict Litigation on Thursday to consolidate their cases but sparred over whether to move them to California or New York.
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January 30, 2025
Patent Lawyer Moves From DLA Piper To Kilpatrick
A Seattle lawyer who does patent work for branded drug developers is taking her practice to Kilpatrick Townsend & Stockton LLP from DLA Piper.
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January 30, 2025
Consumers Want L'Oréal Acne Products Suits In Hawaii
Plaintiffs suing L'Oréal for selling acne products that could break down into the carcinogen benzene took a second stab at consolidating their lawsuits, asking the U.S. Judicial Panel on Multidistrict Litigation on Thursday to join the suits in Hawaii.
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January 30, 2025
Former Pharma Exec Gets 2 Months For Insider Trading
A former Ipsen Pharmaceuticals executive who pled guilty to insider trading last fall was sentenced to two months in prison Thursday, the U.S. Attorney's Office in Boston has announced.
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January 30, 2025
DOJ Calls UnitedHealth Dismissal Bid A Discovery 'End Run'
The U.S. Department of Justice assailed UnitedHealth Group on Wednesday for "masquerading" a "premature" discovery bid as a motion to dismiss the government's Maryland federal court lawsuit challenging the $3.3 billion purchase of home health and hospice giant Amedisys Inc.
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January 30, 2025
Samsung Gets PTAB To Review 2 Smart Ring Patents
The Patent Trial and Appeal Board has agreed to hear Samsung's challenge to a pair of patents owned by a company that makes smart rings, finding there was a reasonable chance the electronics giant could potentially prevail in the fight.
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January 30, 2025
RFK Blasts Industry 'Puppets' Amid HHS Nomination Fight
Robert F. Kennedy Jr. said Thursday that federal scientific panels are rife with conflicts of interest that have turned them into "sock puppets" for industry, as he faced a second day of intense questioning on Capitol Hill and sought support for his nomination as secretary of health and human services.
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January 30, 2025
NC Biz Court Bulletin: Sanctions Miss, Philip Morris Refund
In the second half of January, the North Carolina Business Court tussled with sanctions against a biogas company, heard claims an insurer tried to deliberately embarrass Cadwalader Wickersham & Taft LLP and ordered an $11 million tax refund for Philip Morris.
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January 30, 2025
Orrick Adds Head Of Antitrust Litigation From Weil
Orrick Herrington & Sutcliffe LLP has hired Eric Hochstadt from Weil Gotshal & Manges LLP as the firm's new head of antitrust litigation and a member of its management committee, the firm announced Thursday.
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January 30, 2025
Rumors Fly As Trump Seeks Deal To Keep TikTok Alive
President Donald Trump seems to be getting exactly the "bidding war" he wanted as multiple entities fight for a role in keeping TikTok available in the U.S. Here, Law360 provides a rundown of the latest rumors and developments in the TikTok saga, along with other notable rumors from the past week.
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January 30, 2025
Cooley, Latham Steer Beta Bionics' Upsized $204M IPO
Shares of insulin-delivery device maker Beta Bionics Inc. soared in debut trading Thursday after it priced an upsized, $204 million initial public offering at the top of its increased range, represented by Cooley LLP and underwriters' counsel Latham & Watkins LLP.
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January 29, 2025
Albertsons Must Face County's Opioid Nuisance Claims
Albertsons Cos. Inc. can't escape a Texas county's public nuisance claims stemming from opioid sales at the grocery giant's in-store pharmacies, an Ohio federal judge ruled Tuesday, saying there's a "common law duty of care" for pharmacies not to expose the county to a "reasonably foreseeable" risk of harm.
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January 29, 2025
Fed. Circ. Affirms Delaying Biosimilars For Regeneron's Eylea
A West Virginia federal judge has the power to oversee patent infringement litigation against drugmakers from South Korea and Germany and stop them from launching biosimilar versions of Regeneron's blockbuster eye disease treatment Eylea, the Federal Circuit said Wednesday.
Expert Analysis
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Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'
A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.
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The Shifting Role Of Patent Attorneys In The Age Of AI
The integration of artificial intelligence into patent drafting represents a significant change in how legal work is performed, and patent attorneys must shift from manual drafting to a strategy-oriented approach, says Ian Schick at Draft Builders.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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A Look At The PTAB's Assessment Of Prior Art Exceptions
The Patent Trial and Appeal Board's approach over the last 10 years to assessing Section 102(b) prior art exceptions reveals a few trends, including that evidence of common ownership may have a higher likelihood of successfully disqualifying prior art under Section 102(b)(2)(C) at the institution stage, say Louis Panzica and David Holman at Sterne Kessler.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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How Patent Litigation Is Changing Amid Decline In Filings
Marked by a notable decline in case filings and preferred venue shifts, patent litigation has undergone significant changes over the last decade and litigation hot spots have shifted, encouraging a more strategic approach to patent disputes, says Saishruti Mutneja at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Opinion
FTC's Report Criticizing Drug Middlemen Is Flawed
The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Del. Dispatch: Cautionary Tales Of 2 Earnout Effort Breaches
The Delaware Court of Chancery's tendency to interpret earnout provisions precisely as written, highlighted in two September rulings that found buyers breached their shareholder obligations when they failed to make reasonable efforts to hit certain product development milestones, demonstrates the paramount importance of precisely wording these agreements, say attorneys at Fried Frank.
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Takeaways From Novo Nordisk's Fight For Market Exclusivity
Generic competitors’ challenge to Novo Nordisk’s patents in hopes of capturing a portion of the rapidly expanding Type 2 diabetes and obesity treatment market highlights the role of abbreviated new drug application litigation, inter partes review and multidistrict litigation in patent defense, says Pedram Sameni at Patexia.
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Using Primacy And Recency Effects In Opening Statements
By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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Opinion
Bill Is Key To Protecting US Economy From Patent Piracy
It is critical that Congress pass a recently introduced bill that would protect U.S. investors from intellectual property theft by restoring court-ordered injunctions as the default remedy in patent infringement cases to ensure inventors get the justice they deserve, says Andrei Iancu at Sullivan & Cromwell.