A Los Angeles judge ruled Tuesday that the statute of limitations bars the California Attorney General's unfair competition law and unjust enrichment claims against drugmakers and pharmacy benefit managers over an alleged conspiracy to spike insulin costs, but granted leave to amend the allegations.
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THURSDAY, JUNE 20, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

CORRECTED: Drug Cos. PMBs Score Win In Calif. AG's Insulin Price Suit

By Gina Kim

A Los Angeles judge ruled Tuesday that the statute of limitations bars the California Attorney General's unfair competition law and unjust enrichment claims against drugmakers and pharmacy benefit managers over an alleged conspiracy to spike insulin costs, but granted leave to amend the allegations.

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Analysis

High Court Petition Asks Justices: What's A 'Willful' Kickback?

By Hannah Albarazi

Does a "willful" act under federal anti-kickback law require a defendant to know that the conduct violates the law? That's the question a whistleblower is asking the U.S. Supreme Court to answer in order to resolve what the petition calls a circuit split on a key question of federal fraud prosecutions.

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Fla. Immune To Contract Suit Over COVID Tests, 4th Circ. Says

By Carla Baranauckas

The Fourth Circuit reversed on Tuesday a district court decision denying a motion to dismiss by a Florida state agency in a breach of contract case involving COVID-19 tests, finding the lower court erred in ruling that the state did not have sovereign immunity and remanding the case for further proceedings.

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Company, States Battle In Court Over At-Home Rape Kits

By Corey Rothauser

A fight is brewing in federal and state courts between a company that purports to be the nation's only purveyor of self-administered sexual assault DNA collection kits and state attorneys general who believe it is misleading sexual assault victims.

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Restitution Plan For Lead-Test Defects Leaves Judge Uneasy

By Julie Manganis

A Massachusetts federal judge on Tuesday questioned the legality of a plan to have a claims administrator, rather than the court, oversee victim compensation in a criminal case alleging Magellan Diagnostics hid information about inaccurate results in its lead-testing devices.

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LITIGATION

Samsung Bioepis Denies Infringing Blood Treatment Patent

By Jamie Lennox

Samsung Bioepis has fought back against a bid by Alexion to prevent it from selling a biosimilar version of a patented blood treatment drug by a rival, telling a court that this will not infringe the protections of an AstraZeneca subsidiary over the medicine.

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J&J Fights Law Firm's Bid To Nix Subpoenas In Talc Brawl

By Jack Karp

Information about the Beasley Allen Law Firm's litigation funding and settlement communications is relevant and necessary to resolving long-running multidistrict litigation over Johnson & Johnson's talcum powder products and so should be turned over, the pharmaceutical giant has told a New Jersey federal court.

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COVID Test Maker Can't Shake All Of $30M Faulty Kit Suit

By Mike Curley

A New Jersey federal judge won't let California-based laboratory equipment maker Atila Biosystems Inc. out of a suit alleging it sold faulty COVID-19 testing kits, saying Fusion Diagnostic Laboratories LLC has adequately pled a breach of contract claim.

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DEALS

Latham Leads Boston Scientific On $1.16B Silk Road Deal

By Al Barbarino

Latham & Watkins-advised Boston Scientific Corp. said Tuesday it has agreed to acquire medical device maker Silk Road Medical Inc., represented by Wilson Sonsini, at an enterprise value of approximately $1.16 billion.

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BANKRUPTCY

Cancer Test Company DermTech Hits Ch. 11, Seeking Sale

By Ben Zigterman

California-based dermatologic test maker DermTech Inc. hit Chapter 11 Tuesday in Delaware and said it would be laying off about 20% of its workforce as it seeks to sell its assets.

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EXPERT ANALYSIS

High Court's Abortion Pill Ruling Shuts Out Future Challenges

The U.S. Supreme Court's unanimous ruling in U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine maintains the status quo for mifepristone access and rejects the plaintiffs' standing theories so thoroughly that future challenges from states or other plaintiffs are unlikely to be viable, say Jaime Santos and Annaka Nava at Goodwin.

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A Plaintiffs-Side Approach To Cochlear Implant Cases

As the number of cochlear implants in the U.S. continues to grow, some will inevitably fail — especially considering that many recalled implants remain in use — plaintiffs attorneys should proactively prepare for litigation over defective implants, says David Shoop at Shoop.

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Orange Book Warnings Highlight FTC's Drug Price Focus

In light of heightened regulatory scrutiny surrounding drug pricing and the Federal Trade Commission's activity in the recent Teva v. Amneal case, branded drug manufacturers should expect the FTC's campaign against allegedly improper Orange Book listings to continue, say attorneys at Ropes & Gray.

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Emerging Trends In ESG-Focused Securities Litigation

Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.

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Firms Must Rethink How They Train New Lawyers In AI Age

As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

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LEGAL INDUSTRY

19 Dem AGs Urge Law Group, Others To Ignore DEI Detractors

By Aebra Coe

A coalition of 19 Democratic state attorneys general issued a letter Thursday rebutting criticism of diversity, equity and inclusion programs within the American Bar Association, Fortune 100 corporations and law firms.

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Trump Calls For Engoron's Recusal In Civil Fraud Case

By Dorothy Atkins

Former President Donald Trump and other defendants fighting a $465 million civil fraud judgment called on New York Supreme Court Justice Arthur Engoron to recuse himself Thursday in light of a once-suspended real estate attorney's recent judicial misconduct claims, which have since sparked a judicial investigation.

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GOP Sens. Get Tough On 6th Circ. Nominee's History

By Courtney Bublé

Republican senators hammered Sixth Circuit nominee Karla M. Campbell, of counsel at Stranch Jennings & Garvey PLLC, during a hearing on Thursday about her political donations, past advisory roles and the process by which she was nominated.

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Brief

House Dems Ask Chief Justice To Say How He'll Review Ethics

By Courtney Bublé

Two top Democrats on the House Oversight and Accountability Committee asked Chief Justice John Roberts on Thursday how he's working to address the "glaring episodes" of ethical improprieties on the U.S. Supreme Court. 

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SEC Official Seeks To Ease Concerns Over Cybersecurity Rule

By Lauren Berg

The director of the U.S. Securities and Exchange Commission's corporation finance division reassured public companies on Thursday that the agency's recently adopted rule requiring them to make certain disclosures regarding material cybersecurity incidents does not prohibit them from sharing additional details with third parties.

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Attys Accused Of Judge Shopping Rebut Fraud Allegations

By Emily Sawicki

An Alabama federal judge is conducting an in-camera review of a long-awaited "Q&A document" believed to have circulated among attorneys accused of judge shopping their efforts to fight a 2022 state law preventing transgender youth from accessing gender-affirming care, with the lawyers handing over the document but denying allegations of misconduct.

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DLA Piper Accused Of Evading Order In Pregnancy Bias Case

By Rose Krebs

DLA Piper continues to evade a court directive to turn certain documents over to a former attorney with the firm who has filed a pregnancy bias suit, a lawyer representing the former employee has told a New York federal magistrate judge.

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Attys In Chiquita Case Say Victims Can't Proceed Together

By Carolina Bolado

A long-standing rift among plaintiffs' attorneys for victims of violence committed by paramilitary groups funded by Chiquita Brands International Inc. has reached a fever pitch, as attorneys have now told the court they cannot proceed together in a second bellwether trial of the multidistrict litigation set to start next month.

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Conn. Firm Says Thomson Reuters Unit Bungled Web Overhaul

By Aaron Keller

A Thomson Reuters unit botched a portion of a $2,336-per-month contract to overhaul a Middlebury, Connecticut, law firm's website, blend its online presence into FindLaw and include its attorneys in "Super Lawyers" listings, the firm says in a state court lawsuit made public on Thursday.

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COMPANIES IN TODAY'S NEWS

Advanced Bionics AG

Alexion Pharmaceuticals Inc.

AlixPartners LLP

Alliance Defending Freedom

American Airlines Group Inc.

American Bar Association

American Civil Liberties Union

Amgen Inc.

Amneal Pharmaceuticals Inc.

AstraZeneca PLC

BARBRI

BP PLC

Bausch Health Cos. Inc.

Boehringer Ingelheim

Boehringer Ingelheim Vetmedica Inc.

Boston Scientific Corp.

CVS Health Corp.

Chiquita Brands International Inc.

Cipla Ltd.

Cochlear Ltd.

DermTech

Eli Lilly & Co.

Enviva LP

Equifax Inc.

Express Scripts Holding Co.

Harvard University

Johnson & Johnson

Lambda Legal Defense & Educational Fund

LinkedIn Corp.

Matrixx Initiatives Inc.

McKesson Corp.

Meridian Bioscience Inc.

Microsoft Corp.

NASDAQ Inc.

NBCUniversal Media LLC

National Society of Compliance Professionals

Novo Nordisk A S

Omnicare Inc.

OptumRx Inc.

Sanofi

Signet Jewelers Ltd.

Silk Road Medical Inc.

Sonova Holding AG

Super Lawyers

TD Securities Inc.

Teva Pharmaceutical Industries Ltd.

Thomson Reuters Corp.

Twitter Inc.

Volkswagen AG

LAW FIRMS IN TODAY'S NEWS

11 South Square

Adam Leitman Bailey

Alston & Bird

Ashcraft & Gerel

Badham & Buck

Bainbridge Mims

Beasley Allen

Bird Marella

Blank Rome

Boies Schiller

Cohen Milstein

Cohen Placitella

Conrad & Scherer

Continental PLLC

Cooley LLP

Cooper & Kirk

Copeland Franco

Corr Cronin

Cotchett Pitre

DLA Piper

Davis Polk

Dominick Feld

Epstein Becker

Faegre Drinker

Farella Braun

Fox Rothschild

Freshfields

Fried Frank

Gibson Dunn

Goodwin Procter

GrayRobinson

Habba Madaio

James K. Green PA

Jenner & Block

Jonathan C. Reiter Law Firm

Jones Day

Kellogg Hansen

King & Spalding

Kirkland & Ellis

Latham & Watkins

Lightfoot Franklin

Mintz Levin

Morgan & Morgan

Morgan Lewis

O'Melveny & Myers

Osborne Clarke

Parry Law PLLC

Phillips & Cohen LLP

Robert & Robert PLLC

Ropes & Gray

Searcy Denney

Sheppard Mullin

Shook Hardy

Simmons & Simmons

Skoloff & Wolfe

Stevens & Lee

Stranch Jennings

Trump & Trump

Umhofer Mitchell

Wigdor LLP

Williams & Connolly

Wilson Sonsini

GOVERNMENT AGENCIES IN TODAY'S NEWS

Alabama Attorney General's Office

Centers for Medicare & Medicaid Services

Equal Employment Opportunity Commission

Executive Office of the President

Federal Bureau of Investigation

Federal Trade Commission

Food and Drug Administration

Illinois Attorney General's Office

Judicial Conference of the United States

Los Angeles Superior Court

National Institutes of Health

New Jersey Supreme Court

New York Attorney General's Office

New York State Commission on Judicial Conduct

U.S. Attorney's Office for the District of Massachusetts

U.S. Bankruptcy Court for the District of Delaware

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Department of Justice

U.S. Department of Transportation

U.S. District Court for the District of Delaware

U.S. District Court for the District of Maryland

U.S. District Court for the District of Massachusetts

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Arkansas

U.S. District Court for the Eastern District of North Carolina

U.S. District Court for the Middle District of Alabama

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Pennsylvania

U.S. District Court for the Western District of Washington

U.S. Environmental Protection Agency

U.S. Immigration and Customs Enforcement

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Supreme Court

Washington Legislature