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Life Sciences
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June 07, 2024
Chicago-Area Man Charged With $60M COVID Test Fraud
A suburban Chicago man is facing healthcare fraud and money laundering charges over more than $60 million in Medicare reimbursement claims for over-the-counter COVID-19 test kits that were allegedly never provided, including thousands of tests for dead people.
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June 07, 2024
DC Circ. Undoes Library Of Congress Win In Fair Use Fight
The D.C. Circuit on Friday reversed a lower court's decision that had rejected two industry groups' challenge to a final rule that categorized medical device diagnostic procedures and repairs as fair use exemptions to U.S. copyright law.
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June 07, 2024
SEC Fines Ex-AstraZeneca Insider $1.4M For Merger Trades
The U.S. Securities and Exchange Commission has ordered a former AstraZeneca employee to pay $1.4 million to settle claims he used nonpublic information to trade CinCor Pharma shares ahead of the public announcement that the two companies would merge.
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June 07, 2024
Ranbaxy Units Overcome Lipitor Antitrust MDL
Multiple Ranbaxy Inc. entities have defeated multidistrict litigation accusing them of conspiring with Pfizer Inc. to delay releasing a generic alternative to blood pressure drug Lipitor, as a New Jersey federal judge on Thursday criticized the drug purchasers' "speculative" arguments.
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June 07, 2024
Goodwin, Cooley Lead J&J-Backed Neurological Firm's IPO
Johnson & Johnson-backed neurological firm Rapport Therapeutics Inc. rallied in debut trading Friday after it completed a $136 million initial public offering within its price range, guided by Goodwin Procter LLP and underwriters counsel Cooley LLP.
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June 07, 2024
COVID Test Supplier Sees $1.4M Default Loss In Gopuff Suit
A Connecticut federal court on Friday handed a medical supply company a default loss in a suit by online retail delivery service Gopuff alleging that the supplier failed to fulfill an order for nearly 106,000 COVID-19 test kits, ordering the company to pay roughly $1.4 million.
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June 07, 2024
Acorda Therapeutics Gets OK On $185M Ch. 11 Sale To Merz
Drugmaker Acorda Therapeutics Inc. received a New York bankruptcy judge's approval Friday to complete a $185 million sale of its assets to a fellow pharmaceutical company, allowing Acorda to move ahead with a Chapter 11 plan to wind down its business.
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June 07, 2024
Fed. Circ. Panel Doubts Bid To Nix Actavis' $12M Deduction
A Federal Circuit panel seemed skeptical of the government's bid to overturn a decision allowing drugmaker Actavis to deduct $12 million it spent fending off lawsuits as it secured approval to sell generics, raising the question during oral arguments Friday whether the company was being uniquely targeted.
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June 06, 2024
White Collar Boutique Sued By Ex-Client Over Representation
White collar boutique Clark Smith Villazor LLP and one of its name partners is facing a lawsuit from a former client, a convicted securities fraud defendant who claims the firm caused him to be arrested by the FBI and face millions of dollars in fines.
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June 06, 2024
USPTO Rejects Apple's Bids To Reexamine Masimo Patents
Apple has failed to convince examiners at the U.S. Patent and Trademark Office that there are any new reasons to cancel claims in a pair of patents cited in a U.S. International Trade Commission ruling that blocks the tech giant from importing Apple Watches with a blood oxygen sensor.
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June 06, 2024
Drugmakers Escape Cancer Drug Antitrust Claims For Now
A New Jersey federal judge granted drugmakers Celgene and Bristol-Myers Squibb an out from consolidated antitrust litigation accusing them of delaying generic competition to their blockbuster cancer treatments, saying the conduct alleged by a group of insurer plaintiffs fails to amount to anti-competitive conduct.
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June 06, 2024
Pharma Co. Misled Investors On Seizure Drug Trial, Suit Says
Marinus Pharmaceuticals has been hit with a proposed shareholder class action alleging that the company understated the risks of an epilepsy drug trial and did not warn investors that trial enrollment would be suspended when it failed to meet certain criteria.
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June 06, 2024
8th Circ. Affirms Cigna Noncompete Applies To CVS Hire
The Eighth Circuit has backed a lower court finding that blocked a healthcare industry executive from making a move to CVS, handing a win to Cigna in a case over trade secrets.
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June 06, 2024
$25 Million Flint Water Class Deal Gets Early OK
A Michigan federal judge on Thursday gave initial approval for a $25 million settlement between a class of Flint adults and businesses and a water engineering company accused of prolonging the town's water crisis, calling the deal fair and an opportunity to avoid years of "exhausting" litigation.
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June 06, 2024
Judge OKs $42M Stent IP Verdict, Discards Willfulness Finding
A Delaware federal judge has said Boston Scientific was not entitled to a new trial in a case where it was told to pay $42 million for stent systems patent infringement, but threw out a finding of willful infringement.
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June 06, 2024
FDA Urges High Court To Hear 5th Circ. Flavored E-Cig Case
The U.S. Food and Drug Administration is asking the U.S. Supreme Court to grant its petition for a review of an en banc Fifth Circuit decision overturning its denial of a flavored e-cigarette marketing application, saying this case provides a better vehicle to decide the issues than other petitions at the high court.
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June 06, 2024
Abbott Labs Must Face Bulk Of Glucerna False Ad Suit
A California federal judge won't free Abbott Laboratories from a proposed class action over its Glucerna shakes, saying the complaint plausibly alleges that the labeling would mislead consumers about the health aspects of the drinks.
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June 06, 2024
Biote Investors Sue Cooley, SPAC After Huge Merger Loss
Family trust investors in Biote Corp. have sued Cooley LLP and the "hormone optimization" company's top brass over the $700 million merger Biote completed with a special purpose acquisition company, saying the deal was a "disastrous transaction to divert approximately $70 million of merger consideration to themselves and gain control of an enterprise they did not build."
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June 06, 2024
Law Firm Says Axe 'Draconian' J&J Subpoena In Talc Claim
A Mississippi plaintiffs firm urged a New Jersey federal court on Thursday to quash a subpoena served by Johnson & Johnson requesting that the firm turn over documents related to litigation funding and its communication with media outlets, calling the subpoena "draconian" and improper as the firm is not a party to the pharmaceutical giant's current personal injury litigation surrounding its talcum powder products.
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June 06, 2024
'Brussels Effect' Of EU's AI Act Is Uncertain, Legal Pros Say
BigLaw attorneys advising international clients on the European Union's AI Act tell Law360 there are significant uncertainties over vague terms in the 458-page statute, how its steep eight-figure fines will be enforced, and whether it will set a new standard globally as part of the "Brussels effect."
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June 06, 2024
Pharma Co. Should Get Hungarian Rebate, ECJ Adviser Says
Danish pharmaceutical company Novo Nordisk's mandatory payments into the Hungarian health system should reduce the company's tax base for value-added tax payments, an adviser to the European Union's highest court said Thursday.
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June 05, 2024
USPTO Fee Hike Finds Ally In Google, But Others Have Gripes
The U.S. Patent and Trademark Office's plan to increase many patent-related fees beginning next year has received support from Google, but dozens of other comments came from patent litigators of all stripes who argue that the proposal is a bad idea.
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June 05, 2024
AI Co., Biotech Prep IPOs Worth $602M As Novelis Delays
Healthcare data artificial intelligence platform Tempus AI and Australian biotech Telix Pharmaceuticals on Wednesday unveiled plans for initial public offerings that will aim to raise a combined total of approximately $602 million, while sustainable aluminum solutions provider Novelis, a day prior, postponed IPO plans due to market conditions.
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June 05, 2024
Medtronic Can't Pause FCA Claims For 1st Circ. Detour
A Massachusetts federal judge on Wednesday declined to pause a long-pending False Claims Act and whistleblower retaliation case against medical device maker Medtronic so it can appeal a recent ruling, saying the court and the parties need to "get it moving."
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June 05, 2024
McDermott Lands King & Spalding White Collar Pro In Atlanta
Global law firm McDermott Will & Emery LLP has added a King & Spalding LLP partner in Atlanta, a white-collar defense lawyer and civil litigator who has advised clients in healthcare, life sciences and e-commerce.
Expert Analysis
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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What FTC's 'Killer Acquisition' Theory Means For Pharma Cos.
The Federal Trade Commission's recent lawsuit to block Sanofi's acquisition of a pharmaceutical treatment developed by Maze Therapeutics builds on previous enforcement actions and could indicate the agency's growing willingness to use its so-called killer acquisition theory against perceived attempts to eliminate nascent competition, say attorneys at Morgan Lewis.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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The Road Ahead For Florida's Drug Importation Program
Though the U.S. Food and Drug Administration approved Florida's drug importation program in January, a series of hurdles — including requisite buy-in from Canada — and potential legal challenges must be addressed before importation can begin, say attorneys at Ropes & Gray.
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Assessing CDC's Revised Guideline On Opioid Prescriptions
Kenneth Weinstein, Nicholas Van Niel and Kate Uthe at Analysis Group look at newly available data to evaluate the impact that the Centers for Disease Control and Prevention's revised opioid monitoring guideline have had on prescription trends in recent years, highlighting both specific and overall decreases.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Valeant Ruling May Pave Way For Patent-Based FCA Suits
The Ninth Circuit’s recent ruling in Silbersher v. Valeant marks a significant development in False Claims Act jurisprudence, opens new avenues for litigation and potentially raises the stakes for patent applicants who intend to do business with the government, say Joshua Robbins and Rick Taché at Buchalter.
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Opinion
Suits Against Insulin Pricing Are Driven By Rebate Addiction
A growing wave of lawsuits filed by states, cities and counties against insulin manufacturers and pharmacy benefit managers improperly allocate the blame for rising insulin costs, when in actuality the plaintiffs are partially responsible, says Dan Leonard at Granite Capitol Consulting.
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Lessons For D&O Policyholders From Pharma Co. Ruling
A California federal court's recent decision in AmTrust v. 180 Life Sciences, requiring insurers to advance defense costs for a potentially covered claim, provides a valuable road map for directors and officers insurance policyholders, rebutting the common presumption that a D&O insurer's duty to advance costs is more limited than under other policies, say attorneys at Pasich.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Args In APA Case Amplify Justices' Focus On Agency Power
In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.
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Series
ESG Around The World: Gulf Cooperation Council
The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.
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Opinion
J&J Bankruptcy Could Thwart Accountability For Victims
Johnson & Johnson's latest attempt at a "Texas Two-Step" bankruptcy proceeding exemplifies the way in which corporate defendants can use bankruptcy to evade accountability, limit resources available to victims, and impose flawed, one-size-fits-all resolutions on diverse groups of plaintiffs, says Michelle Simpson Tuegel at Simpson Tuegel Law.