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Corporate Counsel

John Moriarty Leaves Alexion to Be CLO of Portola Pharmaceuticals Inc.

South San Francisco-based Portola Pharmaceuticals Inc., which focuses on the development of medication to treat thrombosis and other hematologic disorders, has named John Moriarty, a seasoned in-house attorney, as its first chief legal officer, EVP and GC.
2 minute read

Corporate Counsel

Citing Supreme Court, Bio-Rad Wants Verdict Reduced in Fired General Counsel Case

The memo referred to a recent Supreme Court ruling in "Digital Realty Trust v. Somers."
3 minute read

Corporate Counsel

NC Ophthalmic Pharma Company Names New GC

Ophthalmic pharmaceutical company Aerie Pharmaceuticals, based in Durham, North Carolina, has hired John LaRocca as general counsel, the company announced this week.
2 minute read

Corporate Counsel

Eco-Claims and Green Branding: The Importance of Being Earnest

As consumers are becoming more sensitive to the environment, companies are trending toward branding their goods and services with eco-friendly claims such as “carbon-neutral,” “natural” and the like.
6 minute read

Daily Report Online

Fight Over Noncompete Agreement Gets Ugly

Bako's lawyers spent one sentence denying that the Delaware law voided the noncompete agreements and then offered pages of details of “gross misconduct” on which their counterclaims for breach of duty of loyalty, unjust enrichment and defamation are based.
5 minute read

The Recorder

Becton Dickinson Sues Rival, Former Employees Over Testing Device Trade Secrets

According to the complaint, the former BD employees had access to "technical specifications, source code, and designs," and then downloaded thousands of confidential files prior to leaving the company.
3 minute read

The Legal Intelligencer

Under New DOJ Policy, FDA Guidance Documents Cannot be Used to Prosecute Cases

On Jan. 25, the associate attorney general of the United States issued a policy that prohibits the Department of Justice (DOJ) civil litigators from using guidance documents to establish violations of law in civil enforcement actions.
6 minute read

The Recorder

Lying Witness or Not, Merck Might Salvage $200M Verdict in Hep C Battle

In an appellate showdown between Fish & Richardson's Juanita Brooks and MoloLamken's Jeffrey Lamken, a Federal Circuit panel seemed swayed by Merck's argument that one bad witness didn't taint the jury's verdict.
6 minute read

The Legal Intelligencer

Beware: Texts and Wearable Data Must Be Preserved, Too

Attorneys need to be aware of technological advances in terms of preservation of evidence and new avenues for seeking relevant evidence. Spoliation sanctions, including adverse jury instructions, have been issued for the failure to preserve text messages. In addition, data from wearable technology, such as the Apple Watch and the Fitbit, can become relevant and material, while also raising concerns about consumer privacy rights.
8 minute read

National Law Journal

CDC Director Resigns After Report of Tobacco Stock Trade

Dr. Brenda Fitzgerald resigned Wednesday as director of the U.S. Centers for Disease Control and Prevention less than a day after a Politico report that she bought shares in a tobacco company after assuming office—an apparent conflict of interest for the head of the country's public health agency.
3 minute read

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