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Searching Content indexed under Food and Drugs Law by Shearman & Sterling LLP ordered by Published Date Descending.
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Northern District Of California Dismisses Putative Securities Class Action For The Second Time Against Generic Drug Maker For Inadequate Pleading, This Time Without Leave To Amend
On August 12, 2019, Judge Haywood S. Gilliam, Jr. of the United States District Court for the Northern District of California dismissed without leave to amend a putative securities class action against a pharmaceutical company...
United States
21 Aug 2019
2
District Of New Jersey Allows Class Action Based On Alleged Price-Fixing To Proceed Against Pharmaceutical Company
The Court also held that plaintiffs adequately alleged scienter. The Court credited allegations that the company had received a subpoena in a federal investigation of price-fixing and had been named in suits filed by state attorneys general.
United States
14 Aug 2019
3
OFAC Targets Narcotics Traffickers & Criminal Organizations
On October 18, OFAC, in coordination with the Drug Enforcement Administration, designated Pedro Luis Zuleta Noscue ("Noscue") and his close associates pursuant to the Foreign Narcotics Kingpin
United States
30 Jan 2019
4
Eastern District Of Pennsylvania Denies In Part And Grants In Part Motion To Dismiss Stock Drop Suit, Finding Plaintiffs Adequately Pled Global Pharmaceutical Company Misrepresented The Safety Of Its Opioid
On December 10, 2018, Judge Timothy J. Savage of the United States District Court for the Eastern District of Pennsylvania denied in large part defendants' motion to dismiss a putative class action asserting violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (the "Exchange Act") and Sections 11 and 20 of the Securities Act of 1933 (the "Securities Act").
United States
20 Dec 2018
5
Pharmaceutical Industry Antitrust Handbook
Associate Timothy Slattery (Antitrust-Washington, DC) has contributed to the Pharmaceutical Industry Antitrust Handbook (2nd Ed.) published by the American Bar Association
United States
19 Nov 2018
6
Sixth Circuit Reverses Dismissal Of Putative Securities Class Action Against Pharmaceutical Company, Finding Statements About Future Events Not Covered By The PSLRA Safe Harbour Provisions
On 27 September 2018, the Sixth Circuit Court of Appeals reversed the dismissal of Dougherty v. Esperion Therapeutics, Inc., et al., a putative securities class action ...
United States
31 Oct 2018
7
Fifth Circuit Affirms Dismissal Of Securities Class Action For Failure To Adequately Allege Material Misstatements And Loss Causation
On October 3, 2018, the United States Court of Appeals for the Fifth Circuit affirmed the dismissal of a putative securities class action against Whole Foods Market, Inc. ...
United States
10 Oct 2018
8
Northern District Of California Dismisses Putative Securities Class Action For Failure To Adequately Allege Misstatements, Scienter, And Loss Causation
On September 7, 2018, Judge Haywood S. Gilliam, Jr. of the United States District Court for the Northern District of California dismissed a putative class action against Impax Laboratories.
United States
23 Sep 2018
9
New Jersey District Court Dismisses Putative Securities Class Action Alleging Inappropriate Disclosures Regarding Sources Of Drug Revenue
On August 21, 2018, Judge Kevin McNulty of the United States District Court for the District of New Jersey dismissed a putative class action against Galena Biopharma Inc. and several of its officers
United States
3 Sep 2018
10
Federal Court Dismisses Securities Fraud Class Action Because Individual Defendants' Retention Of Zero-Cost Stock And Vested Options Undermined Inference Of Scienter
On 11 June 2018, a federal district court judge in New York dismissed with prejudice a putative securities fraud class action against veterinary pharmaceutical company Aratana Therapeutics Inc. (Aratana) ...
United States
3 Aug 2018
11
Northern District Of California Dismisses Class Action Against Biopharmaceutical Company Alleging Fraud Based On Undisclosed Problems With Hepatitis B Vaccine In Trials And FDA Approval Process
On June 4, 2018, Judge Yvonne Gonzalez Rogers of the United States District Court for the Northern District of California dismissed with prejudice a class action alleging that Dynavax...
United States
13 Jun 2018
12
Reverse Payment Patent Settlements in the Pharmaceutical Industry: A Year in Review
This past year has seen renewed challenges to reverse payment settlement agreements in the pharmaceutical industry.
United States
1 May 2018
13
Excessive Pricing, ‘Pay-For-Delay' And Rebates: A New Era Of Enforcement In The Pharmaceutical Industry
The European Commission (EC) and other national competition authorities (NCAs) have traditionally shied away from investigating allegations of excessive pricing and appearing as price regulators.
European Union
27 Apr 2018
14
Schueneman V. Arena Pharmaceuticals, Inc.: Federal Appeals Court Reverses Dismissal Of Complaint Because Pharmaceutical Company Was Required To Disclose Information Necessary To Clarify Other Statements That It Made
On 26 October 2016, in Schueneman v. Arena Pharmaceuticals, Inc., the federal appeals court based in California reversed the lower court's dismissal of claims brought under the Exchange Act...
United States
20 Feb 2017
15
Kessel Pens Editorial In Nature Biotechnology
New York of counsel Mark Kessel recently wrote an editorial titled "Why Microbial Diagnostics Need More Than Money" that was published in Nature Biotechnology (September 2015).
United States
16 Sep 2015
16
Second Circuit Becomes First Court Of Appeals To Address Pharmaceutical "Product Hopping" Under Antitrust Laws In Decision Barring Actavis From Pulling Older Version Of Drug From Shelves
Application of the antitrust laws to drug makers' efforts to switch customers to a modified version of an older drug has been subject to much debate and little case law.
United States
8 Jun 2015
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