J&J Backs Off 340B Rebate Plan Following Feds' Objections

By Dan McKay

Johnson & Johnson abandoned its plan Monday to offer rebates rather than upfront discounts for two medications under the 340B drug pricing law, contending it had no choice after a federal agency threatened to impose excessive penalties.

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Bristol-Myers Beats Celgene Investors' Drug Delay Suit

By Lauren Berg

A New York federal judge on Monday tossed UMB Bank's claims that Bristol-Myers Squibb improperly delayed U.S. Food and Drug Administration approval of a cancer treatment to avoid paying shareholders $6.4 billion owed from a 2019 acquisition of Celgene Corp., saying the bank lacked standing to sue.

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Takeda End Payors, Direct Buyers Win Antitrust Class Cert.

By Lauren Berg

A New York federal judge Monday adopted a magistrate judge's recommendation to certify two classes of direct purchasers and end payors in consolidated antitrust actions accusing Takeda Pharmaceuticals Co. of unlawfully inflating the price of its diabetes treatment Actos by delaying entry of generic alternatives.

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Medical Device Co. Wins $25M Verdict In Poaching Trial

By Brian Dowling

Medical device company Cynosure has won a $25 million jury award following a weekslong trial in Massachusetts federal court on its claims that a rival business raided its sales and marketing talent and caused the employees to breach their noncompete and nonsolicitation agreements.

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J&J Exec Accused Of File Heist Wants Pause Amid DOJ Case

By George Woolston

A former competitive strategy director for Johnson & Johnson accused of stealing confidential files as he left the company to work for Pfizer asked a New Jersey federal court to pause the suit after learning he is under criminal investigation.

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Generic-Drug Co. Says To Think Again About 'Double Patenting'

By Andrew Karpan

An Indian generic-drug maker wants the whole Federal Circuit to take a closer look at the issue of "double patenting," telling it that a recent panel ruling mistakenly breathed new life into pharmaceutical patents covering an anti-diarrhea drug.

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Consumer 'Overslept' On Some Drowsy Cough Syrup Claims

By Lauraann Wood

An Illinois federal judge said Monday a consumer can continue her suit alleging Tussin cough syrup's "non-drowsy" label is deceptive because the syrup made her sleepy, but ruled she waited too long to pursue warranty breach claims.

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Analysis

Wheeling & Appealing: The Latest Must-Know Appellate Action

By Jeff Overley

The year's spookiest month is looking scary-good for appellate aficionados, as famed oral advocates joust in October over net neutrality and Uber's extraordinary bid to unravel multidistrict litigation — just two of the high-profile arguments previewed in this edition of Wheeling & Appealing. October also begins with former President Jimmy Carter turning 100, and we'll test your knowledge of his profound impact on the judiciary.

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FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out

Should Express Scripts' recent judicial challenge to the Federal Trade Commission succeed, any new targets could add litigation and choice of forum to their playbooks, and potential FTC court action on insulin could be forced to parallel venues as the issues between the commission and PBMs evolve, say attorneys at Proskauer.

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Allergan Ruling Reinforces Value Of Patent Term Adjustments

The Federal Circuit’s recent ruling in Allergan v. MSN, which held that patent term adjustment awards for first-filed, first-issued patents cannot be stripped away by later-issuing child patents that expire earlier, means practitioners must consider the potential impact of any action that might reduce the adjustment amount, say attorneys at Cooley.

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Opinion

AI May Limit Key Learning Opportunities For Young Attorneys

The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

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A Deep Dive Into Law Firm Pay

By Kevin Penton

The legal industry may be known for its relatively high pay, but don't tell that to lawyers: Barely half of all attorneys feel satisfied or very satisfied with what they make, according to a new Law360 Pulse report.

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The 2024 Compensation Report: Law Firms

Law360 Pulse asked lawyers about their compensation, pay structure transparency, billable hours and more. Find out how much they earn, how satisfied they are and where some of the problem areas lie with their pay.

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Spencer Fane Combines With Las Vegas Boutique Firm

By Adrian Cruz

Spencer Fane LLP announced Tuesday that it has merged with Las Vegas boutique Holley Driggs Law Firm, adding a further 14 attorneys to its operations in Nevada's most populous city.

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Ga. High Court Declares Judicial Emergency After Helene

By Madeline Lyskawa

The Supreme Court of Georgia declared a statewide judicial emergency Monday in the wake of Hurricane Helene, which slammed into the Southeastern U.S. last week, bringing heavy rain and high winds that shut down several state courts the following day.

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Wigdor Sued For Dragging Cuomo Aide Into Harassment Case

By Ryan Boysen

Former NY Gov. Andrew Cuomo's spokesperson hit Wigdor LLP with a malicious prosecution suit Tuesday, claiming the well-known employment law firm filed a bogus retaliation claim against him for likening a sexual harassment suit against Cuomo to extortion.

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When The Client Is The Mayor, The Usual Rules Don't Apply

By Julie Manganis

Representing a public official, whether the mayor of New York City, a state legislator or a city council member, poses unique challenges for even the most experienced lawyers, who often find themselves torn between fighting battles in the press and protecting their client in court.

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Adams Says Feds Sought To 'Tarnish' Him With Leaks

By Frank G. Runyeon

New York City Mayor Eric Adams asked a Manhattan federal judge Tuesday to sanction Southern District prosecutors for allegedly leaking the details of a criminal investigation for nearly a year leading up to his corruption indictment, saying negative press has hurt his standing with the public and undermined his right to a fair trial.

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NYC Mayor Elevates Attorneys Amid Corruption Charges

By Anna Sanders

New York City Mayor Eric Adams nominated a longtime public servant as his next corporation counsel and promoted a former WilmerHale attorney to City Hall chief counsel as the embattled Democrat faces federal corruption charges.

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NYC Bar Urges Congress To Place Ethics Rules On High Court

By Andrea Keckley

The New York City Bar Association called on Congress to put U.S. Supreme Court justices under enforceable ethics rules in a report released Tuesday, throwing its support behind reforms, such as the creation of a Judicial Investigation Panel and an Office of the Inspector General.

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McElroy Deutsch Must Face 'Malicious' Claim From Fired Exec

By Jake Maher

A former business development director from McElroy Deutsch Mulvaney & Carpenter LLP has been given the go-ahead from a New Jersey state judge to bring a malicious-prosecution claim against the firm in litigation over her and her husband's alleged multimillion-dollar embezzlement from the firm.

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The Top In-House Hires Of September

By Michele Gorman

Legal department hires over the last month included high-profile appointments at Wynn Resorts, Amtrak and eBay. Here, Law360 Pulse looks at some of the top in-house announcements from September.

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Apple, Amazon Hint Hagens Berman Lacked Client's OK

By Greg Lamm

Amazon and Apple blasted Hagens Berman Sobol Shapiro LLP for seeking to withdraw as counsel for the no-show original lead plaintiff in an antitrust suit targeting iPhone and iPad sales, hinting that the firm continued to pursue the case even after knowing its client wished to drop out.

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