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SRS vs. Gilead Sciences: Delaware Chancery Court finding that "indication" means "disease" allows Gilead not to make $50M...

by King & Spalding on

In Shareholder Representative Services (SRS) vs. Gilead Sciences et al., an opinion issued on March 15, 2017, the Chancery Court of the State of Delaware found that the term “indication” means “disease” for purposes of a $50M...more

Life Sciences Quarterly – Preparing for and Managing a Stock Drop

by Ropes & Gray LLP on

A sharp drop in a company’s stock price frequently results in the filing of one or more securities class actions. 2016 saw the highest number of securities class actions since 2000, with more than 1 in 20 publicly traded...more

TC Heartland v. Kraft: The Supreme Court Asks Tough Questions, Doesn’t Tip Its Hand After Oral Argument

On March 27, 2017, the U.S. Supreme Court heard oral argument in TC Heartland v. Kraft, a case that centers on where patent infringement lawsuits can be filed. Key Takeaways TC Heartland Argues: Stop Forum Shopping!...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: the European Parliament’s adoption of a new conflict minerals...more

Myths & Misconceptions of Biotech Securities Claims: An Analysis of Motion to Dismiss Results (2005-2016)

There is a common life cycle for Directors and Officers Liability for a publicly-traded biotechnology company bringing its first drug or device to the market. In the early stages, whether pre-clinical or Phase 1, there is...more

Court Declines to Issue Seizure Order under Defend Trade Secrets Act

As we previously reported, the federal Defend Trade Secrets Act (DTSA) enacted last May includes a powerful ex parte seizure proceeding that allows courts in “extraordinary circumstances” to order the seizure of property...more

Bio-Rad Stung by Nearly $8 Million Verdict in Whistleblower Lawsuit Brought by Former General Counsel

by Saul Ewing LLP on

A jury recently found Bio-Rad Laboratories liable under the Sarbanes-Oxley Act and the Dodd-Frank Act for nearly $8 million in damages after the company’s alleged retaliatory firing of its former general counsel, Sanford...more

From New York and Delaware Courts, a Double Blow of Bad News for Sergey Aleynikov

by Zuckerman Spaeder LLP on

Sergey Aleynikov, a former computer programmer at Goldman, Sachs & Co., has been on a legal roller coaster for the past few years. In the span of few days, that roller coaster plummeted steeply—twice. First, on January...more

Update: US Supreme Court Grants Certiorari on California Personal Jurisdiction Case

by Latham & Watkins LLP on

Nation’s highest court agrees to hear appeal of a California Supreme Court case with far-reaching implications for personal jurisdiction. In the recently published opinion in Bristol-Myers Squibb Co. v. Superior Court...more

California Court Rules Sarbanes-Oxley Preempts California Law Regarding Privileged Communications in Suit by Former In-House...

by Jackson Lewis P.C. on

By determining that the Sarbanes-Oxley Act (“SOX” or the “Act”) preempts California’s ethical rules, the Northern District of California ruled that an in-house attorney can rely on privileged communications and confidential...more

Chris Lazarini Provides Insight on Application of Scienter in Securities Exchange Act Claim - Thought Leadership - Bass Berry

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini provided insight on case in which class plaintiffs allege certain company officers knowingly made misleading statements about a drug's potential adverse effects which, when later...more

Home Depot Data Breach Derivative Suit Sent Home

Judge Thomas W. Thrash Jr. of the U.S. District Court of Georgia permanently shelved a derivative suit brought by shareholders of Home Depot. Home Depot is a multinational home improvement retailer. In September, 2014,...more

Officers and Directors Spared Home Depot Data Breach Derivative Lawsuit

by Reed Smith on

Officers and directors may breathe a temporary sigh of relief following the recent dismissal of the Home Depot data breach derivative case. Others will look to the facts for guidance. The complaint alleging the board had...more

District Court Orders Additional Deposition of Defendant after Witness Changed Numerous Deposition Answers in Errata

The plaintiff, Chrimar Systems Inc. and Chrimar ("Chrimar") filed a motion to compel an additional deposition of Defendant D-Link Systems, Inc.'s ("D-Link") corporate representative, William C. Brown. Chrimar previously took...more

Intellectual Property Newsletter - November 2016

by Shearman & Sterling LLP on

Patent Venue at the Supreme Court - If TC Heartland has its way, patent venue law is about to fundamentally change. Factual Background - Kraft sued TC Heartland, a limited liability company organized...more

New Maryland Rule Affords Broader Access to Business and Technology Court

by Kelley Drye & Warren LLP on

A recent rule change has opened the door wider for litigants seeking to resolve their disputes in Maryland’s specialized Business and Technology Courts. It expands the number of scenarios in which cases can be moved to...more

District Court Denies Apple's Request to Add Acacia into Patent Infringement Lawsuit as Alter Ego of Plaintiff

In this patent infringement action, Apple filed a motion to add additional Acacia entities as plaintiffs in the action. Apple's primary argue was that the Acacia entities were the alter egos of the plaintiff and that the...more

E Pluribus Unum Is for eDiscovery Too

by Conduent on

The proliferation of data to the point of excess is a common refrain and problem for many organizations today. The scale to which data has grown recently has a direct correlation to eDiscovery – as organizations struggle to...more

Court Of Chancery Explains Contract Interpretation Rules

by Morris James LLP on

This is an excellent primer on the rules that guide the proper interpretation of a contract. While the rules it applies are taught to first year law students, they are too often forgotten by those of us long out of school....more

Brexit: Preparing for the Unknown — Practical steps

by McGuireWoods LLP on

The UK’s new Prime Minister Theresa May has said: “The country voted to leave the European Union, and as prime minister I will make sure that we leave the European Union.” That seems like a clear statement, but the...more

U.S. Court for District of Minnesota Dismisses Target Data Breach Shareholder Derivative Suits

On July 7, 2016, the United States District Court for the District of Minnesota granted Target’s unopposed motion to dismiss the derivative actions filed by a number of shareholders against the company relating to the...more

Federal Judge Dismisses Target Directors from Data Breached Related Derivative Suit After Special Litigation Committee Recommends...

The hurdles for claims against directors for failed oversight in connection with data breaches continue to increase. On July 7, 2016, District of Minnesota Judge Paul Magnuson released derivative claims against top Target...more

May The Force be with You: Binding the E-Discovery Process Together

by Exterro, Inc. on

The idea that all things are connected is a comforting one. Some people long to be unified with other people, both loved ones and strangers. Others seek unity with the natural world--flora and fauna, water and stone. Even in...more

SEC Prevails In Jury Trial Against Former CEO of Drug Firm

by Dorsey & Whitney LLP on

The SEC prevailed at trial against the former CEO of a biopharmaceutical company on claims that he made false and misleading statements regarding the regulatory approval status of the firm’s only drug. Following a two week...more

Everything but the Kitchen Sink: New Data Types and E-Discovery

by Exterro, Inc. on

Almost any activity we take part in creates data; it no longer resides just on email servers or your laptop or mobile phones. Data resides in the cloud, in apps, on social media, in your watch or fitness tracker. For...more

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