Federal regulators pulled Eli Lilly's lucrative weight-loss and diabetes drug off the national shortage list Thursday and gave compounding pharmacists two months to stop making copycat versions of the injectable medication, a move with the potential to reignite a Texas legal clash.
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SATURDAY, DECEMBER 21, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

FDA Declaration May Restart Compounders' Shortage Suit

By Dan McKay

Federal regulators pulled Eli Lilly's lucrative weight-loss and diabetes drug off the national shortage list Thursday and gave compounding pharmacists two months to stop making copycat versions of the injectable medication, a move with the potential to reignite a Texas legal clash.

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PhRMA Wins Bid To Halt W.Va. Drug Discount Expansion Law

By Hannah Albarazi

The country's biggest pharmaceutical lobbying group has won preliminary injunctions against a West Virginia law that the Pharmaceutical Research and Manufacturers of America claims unconstitutionally expands a federal drug discount program, with a federal judge finding that the law threatens to create a situation where "the fox guards the henhouse."

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Generic-Drug Cos. Get State AGs' Trial Order Flipped

By Matthew Perlman

A Connecticut federal court has sided with the generic-drug makers accused of price-fixing by state-level enforcers and will allow a narrower case involving 15 drugs to move ahead prior to a much broader case involving more than 100 medications.

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Fresenius Loses Invalidity Argument In Nausea Drug IP Fight

By Adam Lidgett

Fresenius Kabi USA LLC has lost its arguments in Delaware federal court that claims in a pair of Heron Therapeutics patents for a nausea drug were invalid, keeping Fresenius' generic from entering the market for around a decade.

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ENFORCEMENT & COMPLIANCE

Ex-Biopharma Exec Settles SEC Insider Trading Claim

By Emilie Ruscoe

A former biopharmaceutical executive will pay nearly $156,000 to end U.S. Securities and Exchange Commission claims that he bought up shares of his employer's acquisition target and the target's shareholder ahead of the announcement of the acquisition.

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LITIGATION

FTC Says PBMs Can't Get Preliminary Block In Insulin Case

By Bryan Koenig

The Federal Trade Commission urged a Missouri federal judge Thursday not to temporarily block its in-house case accusing pharmacy benefits managers of artificially inflating insulin prices through unfair rebate schemes, arguing Congress clearly empowered such in-house adjudications and the officials who handle them.

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Judge Wrongly Axed $107M IP Verdict, Pfizer Tells Fed. Circ.

By Adam Lidgett

A Pfizer unit has told the Federal Circuit that a federal judge got it wrong when he overturned a Delaware jury verdict that AstraZeneca owes $107.5 million for infringing two cancer drug patents.

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McKesson Urges Justices To Keep Hobbs Act's 'Exclusivity'

By Ali Sullivan

McKesson Corp. is urging the U.S. Supreme Court to preserve circuit courts' "exclusive" jurisdiction for Federal Communications Commission orders, warning that regulatory consistency nationwide could be undermined if lower courts are allowed to step in.

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Philips CPAP Suits Against SoClean Tossed From MDLs

By Mike Curley

A Pennsylvania federal judge has tossed two complaints from Philips RS North America against SoClean Inc. from multidistrict litigation stemming from a CPAP machine recall, saying one would disrupt the wrap-up of the MDL surrounding Philips' products, while the other should not have been filed directly into the SoClean MDL.

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Biotech Co. Hid Eye Drug's Safety Risks, Investor Says

By Elliot Weld

A biotech company concealed the potential risks that emerged during clinical trials of a drug meant to treat age-related vision degradation, according to an investor complaint filed in Massachusetts federal court Thursday.

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Judge Says Some Paraquat Plaintiffs Being Left In Dark

By Cara Salvatore

Amid a hearing targeting fall 2025 for a first bellwether trial over the alleged link between the pesticide paraquat and Parkinson's disease, an Illinois federal judge told plaintiffs' lawyers to keep in better touch with their clients after her chambers received calls from plaintiffs wondering what's happening with their cases.

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Brief

Medical Device Investors Get Final OK On $15M Deal

By Katryna Perera

A North Carolina federal judge has given final approval to a $15.25 million settlement that will resolve a suit claiming Bioventus Inc. misled investors about its internal controls and financial health and its readiness to implement new Medicare regulations, leading to inflated stock prices, along with $5 million in attorney fees.

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Brief

Labcorp Settles Competition Suit Against Ex-Sales Exec

By George Woolston

Less than two weeks after Laboratory Corp. of America Holdings sued its former sales marketing executive and his new employer in North Carolina federal court for allegedly violating noncompete and nonsolicitation agreements, a deal has been reached to end the lawsuit.

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DEALS

Medical Supplies Giant, Drone Operator File Confidential IPOs

By Tom Zanki

Private equity-backed medical supplies giant Medline Inc. and drone operator Airo Group Holdings Inc. said Thursday that they confidentially filed plans for initial public offerings with regulators, joining a growing pipeline of IPO prospects for 2025.

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PEOPLE

Foley Adds Tech, Life Sciences Partner From IP Boutique

By Rachel Scharf

Foley & Lardner LLP has hired a longtime partner from intellectual property boutique Lerner David LLP to strengthen both the transactional and litigation arms of its technology and life science practices in New York.

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EXPERT ANALYSIS

Data Privacy Landscape After Mass. Justices' Wiretap Ruling

In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.

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Making The Pitch To Grow Your Company's Legal Team

In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

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LEGAL INDUSTRY

MoFo, Irell Latest Firms To Unveil Competitive Bonuses

By Aebra Coe & Hailey Konnath

Morrison Foerster LLP and litigation boutique Irell & Manella LLP have joined a chorus of firms announcing associate bonuses that meet or exceed the BigLaw standard for associate bonuses this year, with MoFo offering up to $218,200 and Irell handing its lawyers as much as $175,000.

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Podcast

Approach The Bench: What Judges Had To Say This Year

By Cara Bayles

Jurists weighed the benefits of partisan elections, praised innovations in telehearings and worried about the future of the profession in nearly a dozen interviews with Law360 this year.

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Gunster $8.5M Data Breach Deal Needs More Info, Judge Says

By Matt Perez

A Florida federal judge this week denied preliminary approval of an $8.5 million settlement in a data breach class action against Gunster and demanded more information on payouts, the plaintiffs' standing in the case and a historical breakdown of settlement rates.

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NJ Bar's Diversity Plan Isn't Biased, Panel Says

By Tracey Read

A New Jersey state appeals court reversed and remanded on Friday a lower court's ruling that found the state bar association's diversity practices to be an unlawful, discriminatory quota system.

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If Gov't Shuts Down, Judiciary Will Be Funded Until Jan. 10

By Courtney Bublé

If there is a government shutdown, the federal judiciary would be funded at least until Jan. 10, the Administrative Office of the U.S. Courts said Friday.

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Analysis

How Lawyers May Sue The Trump Administration … Again

By Cara Bayles

During the last Trump administration, BigLaw firms challenged White House policies, focusing on immigration, environmental regulations and healthcare. This time around, attorneys could rely on old tools, and some new tactics, to stall the executive branch.

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Biden Exceeds Trump's Record On Judges By One

By Courtney Bublé

The U.S. Senate confirmed on Friday the last two judicial nominations from President Joe Biden, making his total of lifetime judicial appointments 235, just one over President Donald Trump's 234.

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High Court Bar's Future: Williams & Connolly's Sarah Harris

By Katie Buehler

Sarah M. Harris of Williams & Connolly LLP never planned on being a U.S. Supreme Court advocate, or even an appellate one. She stumbled upon that career path after realizing her initial goal of becoming a national security or government lawyer wasn't the right fit.

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No, Microsoft Isn't Driving DOJ's Google Antitrust Suit: Judge

By Bryan Koenig

A D.C. federal judge pushed back Friday on Google's efforts to paint Microsoft as the true plaintiff in the Justice Department's search monopolization lawsuit, casting doubt during a hearing that Google should get even more information about Microsoft's relationship with ChatGPT-maker OpenAI.

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Feature

Litigator On The Roof: The Acting, Singing Mass. Solicitor

By Chris Villani

The top appellate lawyer in the Massachusetts Office of the Attorney General will be ringing in the new year by performing a comical cantata by Johann Sebastian Bach, the latest show in a lengthy side career in music.

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Hagens Berman Settles Suit Over Effexor Deal Atty Fees

By Bryan Koenig

A pharmaceutical reseller's in-house counsel and founder moved Friday to drop a Mississippi federal court breach of contract suit accusing Hagens Berman Sobol Shapiro LLP of stiffing him on his share of a $13 million attorney fees award from an antitrust class settlement, citing a resolution to the dispute.

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Q&A

A Judge Reflects: West Wing Call, 'Alford Plea?' Early Exit

By Hayley Fowler

When Chief Judge Louis A. Bledsoe III of the North Carolina Business Court hangs up his robes for the last time on Dec. 31, he'll leave behind a white-hot docket of high-profile cases and a profusion of opinions that helped mold the court into a tribunal fit to rival Delaware's Court of Chancery.

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Law360's Legal Lions Of The Week

By Andrea Keckley

This week's Legal Lions leader comes from the public sector, as federal prosecutors secured a $650 million settlement from McKinsey & Co. to resolve a lawsuit over the consulting giant's role in Purdue Pharma's promotion of OxyContin.

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UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen the University of Southampton sue a drone-maker over the rights to an uncrewed aircraft patent, Importers Service Corp. and its subsidiary ISC Europe take action against a former director who allegedly owes the company over £1.1 million ($1.4 million), and DAC Beachcroft face a fraud claim by a "prolific litigant." 

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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COMPANIES IN TODAY'S NEWS

AbbVie Inc.

Aetna Inc.

Allergan PLC

American Civil Liberties Union

American Constitution Society

American Hospital Association

Apellis Pharmaceuticals Inc.

Apple Inc.

Association of Corporate Counsel

AstraZeneca PLC

Atlantic Coast Conference

Aurobindo Pharma Ltd.

Avet Pharmaceuticals Inc.

BNP Paribas SA

Beazley PLC

Beth Israel Deaconess Medical Center

Bioventus

Blackstone Inc.

Boy Scouts of America

British American Tobacco PLC

CVS Health Corp.

Chevron Corp.

Cincinnati Financial Corp.

Cleveland BioLabs, Inc.

Credit Suisse Group AG

Democracy Forward Foundation

Duke Energy Corp.

Eli Lilly & Co.

Essity AB

Express Scripts Holding Co.

FarmaKeio

Federalist Society

Fresenius Kabi AG

Fresenius SE & Co. KGaA

GP Global

Google LLC

Greater Boston Chamber of Commerce

Gulf Petrochem FZC

Hellman & Friedman LLC

Heron Therapeutics Inc.

Judicial Watch Inc.

Laboratory Corp. of America Holdings

Lambda Legal Defense & Educational Fund

LinkedIn Corp.

Major Lindsey & Africa LLC

McKesson Corp.

McKinsey & Co. Inc.

Meadow

Meta Platforms Inc.

Microsoft Corp.

Mozilla Corp.

NASDAQ Inc.

Natera Inc.

Natixis SA

New England Baptist Hospital

New Jersey State Bar Association

Novartis AG

Novo Nordisk A S

Optum Inc.

Our Children's Trust

Pfizer Inc.

Pharmaceutical Research & Manufacturers of America

Princeton University

Purdue Pharma LP

ROC Nation LLC

Reynolds American Inc.

Saint-Gobain SA

Samsung Electronics Co. Ltd.

Sandoz International GmbH

SoClean Inc.

Spotify Technology SA

Starr International Co. Inc.

Syngenta AG

Teva Pharmaceutical Industries Ltd.

The Carlyle Group Inc.

The Cigna Group

The Goodyear Tire & Rubber Co.

The New York Times Co.

The Royal Bank of Scotland Group PLC

The Walt Disney Co.

TikTok Inc.

Twitter Inc.

United Steelworkers

UnitedHealth Group Inc.

Valero Energy Corp.

Viatris Inc.

Walmart Inc.

Walt Disney Parks & Resorts Worldwide Inc.

Wells Fargo & Co.

Western Environmental Law Center

LAW FIRMS IN TODAY'S NEWS

Addleshaw Goddard

Ahmad Zavitsanos

Akerman LLP

Alston & Bird

American Center for Law & Justice Inc.

Anderson & Wanca

ArentFox Schiff LLP

Armstrong Teasdale

Arnold & Porter

Babst Calland

Bailey Duquette

Baker & Hostetler

Baker Botts

Barrett Law Group

Blacks Solicitors

Bleichmar Fonti

Brito PLLC

Buchanan Ingersoll

CMS Cameron McKenna

Charles Russell Speechlys

Choate Hall

Clark Hill

Cole Schotz

Competition Law Partners

Covington & Burling

Cozen O'Connor

Cravath Swaine

Curtis Mallet-Prevost

DAC Beachcroft

DLA Piper

Davis Wright Tremaine

Day Pitney

DeCotiis FitzPatrick

Debevoise & Plimpton

Dechert LLP

Dinsmore & Shohl

Donovan Rose

Faegre Drinker

Fenchurch Law

Fieldfisher

Fisher & Phillips

Foley & Lardner

Forsters LLP

Fried Frank

Gage Spencer & Fleming

Gatehouse Chambers

Gibbons PC

Gibson Dunn

Glancy Prongay

Glenn Agre

Goodwin Procter

Gowling WLG

Greenberg Traurig

Gunster Yoakley

Gupta Wessler

Hadsell Stormer

Hagens Berman

Halunen Law

Haynes & Boone

Hinckley Allen

Hogan Lovells

Holman Fenwick

Holwell Shuster

Hueston Hennigan

Hugh James

Husch Blackwell

Irell & Manella

Jenner & Block

Jones Day

K&L Gates

Kasowitz Benson

Keker Van Nest & Peters

Kelley Drye

Kirkland & Ellis

Krantz & Berman

Kutak Rock

Latham & Watkins

Law Office of Rajeh A. Saadeh

Lerner David

Levin Papantonio

Lewis Brisbois

Linklaters LLP

Matorin Law Office

Mayer Brown

Meyers & Flowers

Milbank LLP

Mintz Levin

Morgan & Morgan

Morgan Lewis

Morris Nichols

Morrison Foerster

Nabarro LLP

Norton Rose

Nutter McClennen

O'Melveny & Myers

Orrick Herrington

Patterson Belknap

Paul Hastings

Paul Weiss

Paynter Law Firm

Perkins Coie

Petrillo Klein

Proskauer Rose

Quinn Emanuel

Reed Smith

Reynolds Porter

Robinson Bradshaw

Ropes & Gray

Ross Aronstam

Roythornes Solicitors

Rule Garza

Sanford Heisler

Saul Ewing

Schertler Onorato

Seward & Kissel

Seyfarth Shaw

Shapiro Arato

Sidley Austin

Skadden Arps

Smith Katzenstein

Spector Constant & Williams

Sullivan & Cromwell

TLT LLP

Trenk Isabel

Troutman Pepper

Trowers & Hamlins

Vartabedian Hester

Walkup Melodia

Ward Hadaway

Welsh & Recker

White & Case

Wiggin & Dana

Wiley Rein

Wilkinson Stekloff

Williams & Connolly

WilmerHale

Wilson Sonsini

Winston & Strawn

GOVERNMENT AGENCIES IN TODAY'S NEWS

Central Intelligence Agency

Commodity Futures Trading Commission

Companies House

Connecticut Attorney General's Office

Delaware Court of Chancery

Federal Communications Commission

Federal Trade Commission

Food and Drug Administration

Georgia Court of Appeals

Internal Revenue Service

Massachusetts Legislature

Massachusetts Supreme Judicial Court

Ohio Supreme Court

The Crown Prosecution Service

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

U.S. Attorney's Office for the Western District of Virginia

U.S. Court of Appeals for the Federal Circuit

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Department of Labor

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the Central District of California

U.S. District Court for the District of Arizona

U.S. District Court for the District of Columbia

U.S. District Court for the District of Connecticut

U.S. District Court for the District of Delaware

U.S. District Court for the District of Massachusetts

U.S. District Court for the District of Minnesota

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

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

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

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Texas

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

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

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

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

U.S. District Court for the Southern District of West Virginia

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

U.S. Environmental Protection Agency

U.S. Railroad Retirement Board

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

UK High Court

US Office of Management and Budget

West Virginia Attorney General's Office