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Playing cards with a government that stacks the deck - D.C. District Court radically expands the "Christian doctrine" to subcontracts

Sheppard Mullin Richter & Hampton LLP
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USA
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April 29 2013

On March 30, 2013, the U.S. District Court for the District of Columbia issued a decision imposing certain socio-economic contract requirements on

Second Circuit rules that the FLSA does not apply to claims for gap-time pay

Sheppard Mullin Richter & Hampton LLP
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USA
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March 21 2013

In Lundy v. Catholic Health System of Long Island Inc., No. 12-1453 (2d Cir. Mar. 1, 2013), the Second Circuit Court of Appeals, resolving what had

Ninth Circuit off-label marketing decision suggests more prosecutions will be coming

Sheppard Mullin Richter & Hampton LLP
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USA
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March 7 2013

The Ninth Circuit has reopened a door for off-label marketing prosecutions, and it is important to review your compliance and risk management

False press release leads to exclusion from federal programs

Sheppard Mullin Richter & Hampton LLP
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USA
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February 19 2013

Dr. Harkonen was the CEO of InterMune, Inc, a pharmaceutical company that developed, marketed and sold drugs for lung and liver diseases, including

A troubling trend for personalized medicine patents

Sheppard Mullin Richter & Hampton LLP
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USA
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December 4 2012

On Nov. 20, 2012, a three-judge panel of the Court of Appeals of the Federal Circuit, in PerkinElmer Inc., and NTD Laboratories Inc. v. Intema Ltd. (2011-1577), held that the claims in U.S. Patent 6,573,103 are invalid as drawn to noneligible subject matter under 35 U.S.C. 101

You may want to keep that opinion to yourself - Commercial Division considers whether a legal opinion letter triggers personal jurisdiction under the CPLR

Sheppard Mullin Richter & Hampton LLP
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USA
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October 16 2012

In Burt v. Secure Telemedicine, LLC, Index No. 65123412 (N.Y. Comm. Div., Sept. 14, 2012), the Commercial Division (Schweitzer, J.) reconfirmed the need for specific allegations of personal contact with the state of New York in order for plaintiffs to meet the personal jurisdiction pleading requirements under CPLR 302

Ambulatory surgery centers finally get some relief

Sheppard Mullin Richter & Hampton LLP
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USA
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October 4 2012

On Saturday, September 22, 2012, Governor Brown signed SB 1095, which clarifies ambulatory surgery center pharmacy licensure eligibility

Ninth Circuit holds that allegations a defendant should have used a different statistical methodology during drug trials is not sufficient to allege falsity under Section 10(b) and Rule 10b-5

Sheppard Mullin Richter & Hampton LLP
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USA
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September 25 2012

In In re Rigel Pharmaceuticals, Inc. Securities Litigation, No. 10-17619, 2012 WL 3858112 (9th Cir. Sept. 6, 2012), the United States Court of Appeals for the Ninth Circuit held that disagreements between plaintiffs and defendants over statistical methodology and study design are insufficient to allege a materially false statement for purposes of pleading a securities fraud claim under Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”), 15 U.S.C. 78j(b), and Securities & Exchange Commission Rule 10b-5, 17 C.F.R. 240.10b-5, promulgated thereunder

Profit counting - the Pfizer FCPA settlement

Sheppard Mullin Richter & Hampton LLP
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USA
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August 27 2012

On Aug. 8, 2012, the U.S. Department of Justice and the U.S. Securities and Exchange Commission announced agreements with the drug manufacturer Pfizer Inc. to settle allegations that a Pfizer subsidiary had paid bribes to non-U.S. doctors and health care system personnel in exchange for prescribing Pfizer products

First Circuit upholds dismissal of securities fraud action based upon immateriality of allegedly omitted information

Sheppard Mullin Richter & Hampton LLP
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USA
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July 27 2012

In In re Boston Scientific Corp. Securities Litigation, 2012 WL 2849660 (1st Cir. July 12, 2012), the United States Court of Appeals for the First Circuit affirmed the dismissal of a securities class action lawsuit against Boston Scientific Corporation (the “BSC”

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