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National Law Journal

Jack In The Box Inc.

The legal team at restaurant company Jack in the Box Inc. doesn't want any surprises when it hires outside lawyers for its litigation needs.
4 minute read

New York Law Journal

Wood v. Medtronic, Inc.

By | October 08, 2015
'With Prejudice' Dismissal of Suit Over Bone Graft Product's 'Off-Label' Use Is Explained
2 minute read

Litigation Daily

Litigators of the Week: Jonathan Cohn and Mark Hopson of Sidley Austin

Litigation's always a gamble, and there was no exception for Sidley Austin as it defended Bayer AG in a dispute with the Federal Trade Commission over Bayer's promotion of its Phillips Colon Health probiotic supplement.
4 minute read

Litigation Daily

Why the Law Can't Touch CEO Who Raised Pill Price 5,000 Percent

By | September 22, 2015
Turing Pharmaceuticals CEO Martin Shkreli has become one of the most reviled people in America after raising the price of a drug used to treat life-threatening parasitic infections 5,000 percent. But there's not much the feds can do, if a prior attempt by the Federal Trade Commission is any guide.
3 minute read

Litigation Daily

Shout-Out: A $94M Verdict for Kirkland and Winston Lawyers

Kirkland & Ellis partner James Hurst along with Winston & Strawn partner Steven D'Amore came out on top against a team from Williams & Connolly, scoring an under-the-radar $94 million verdict on behalf of AbbVie Inc. against MedImmune LLC.
2 minute read

New York Law Journal

Truthful Statements and Criminal Liability for Off-Label Marketing

In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack write: While off-label prescribing is lawful and sometimes ethically necessary for treatment, the FDA and DOJ have treated off-label marketing of drugs by pharmaceutical companies as a serious offense, a theory of criminal liability that bears similarity to other doctrines of white-collar crime used for highly assertive prosecutions until a court steps in to articulate clearly how the government may have overstepped legal bounds.
11 minute read

Litigation Daily

For Kirkland's Hurst, a Win From Afar in Cancer Drug Fight

When James Hurst left Winston & Strawn, where he was chairman of the litigation department, to join Kirkland & Ellis in December, he knew conflicts would prevent client Sandoz Inc. from following him. But he scored a final win for the company on Thursday, when a Delaware federal judge ruled for the company in a patent fight over a cancer drug.
2 minute read

The Legal Intelligencer

Legal Victories and Defeats in Spirits False-Labeling Suits

After a rash of lawsuits beginning late last year, courts across the country are now beginning to address whether the class action false-labeling suits brought by enterprising plaintiffs' counsel against spirit manufacturers will be allowed to go forward. While the judicial decisions have not been uniform, it is clear that at least some of these suits have pleaded sufficient allegations to warrant escape on a motion to dismiss, leaving other spirits companies, as well as potentially wineries and brewers, vulnerable to similar actions in the future.
7 minute read

National Law Journal

The FTC's Seven-Year Subpoena Fight Against a Drugmaker

Nearly seven years. That's how long the Federal Trade Commission has been fighting to get documents from drugmaker Boehringer Ingelheim Pharmaceuticals Inc. in an antitrust investigation related to its stroke-prevention drug Aggrenox.
5 minute read

The Legal Intelligencer

New Disclosure Requirements for Alcoholic Beverages in Restaurants

Blissful ignorance of the calories in your restaurant-served food and drinks, including alcohol, is coming to a swift end. With the growing obesity problem in America, the very real truth is that many Americans do not appreciate how many calories are in the food and beverages they are served in restaurants. To combat this information disconnect, the Affordable Care Act (ACA) enacted in 2010 included provisions that require certain food establishments and vending machine operators to add prominent calorie counts to their menus and machines and on Dec. 1, 2014, the U.S. Food and Drug Administration published a final rule regarding these requirements. While most Americans have a general understanding of how many calories are in their favorite foods from labeling requirements on food packaging, this is not the case with regard to alcoholic beverages because the labeling requirements for alcohol do not mandate such information to be disclosed.
7 minute read

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