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In re BioClinica, Inc. Shareholder Litigation

In In re BioClinica, Inc. Shareholder Litigation, the Delaware Court of Chancery in a memorandum opinion on a motion to expedite examined the cumulative effect of deal protection devices to determine whether they should have...more

Looking Ahead: Forthcoming 2013 Securities and Corporate Governance Litigation Developments

This promises to be an eventful year in securities and corporate governance litigation. A number of looming developments have the potential to change the landscape for many years to come. This is the first of two posts – or...more

Are Your Company’s Consumer Terms and Conditions Enforceable?

Internet giant Paypal recently joined Sony, Microsoft, and Netflix to become one of the latest major companies to include a provision banning consumer class actions in its terms of service. Such waivers now frequently appear...more

Under Agency Law, Standard Setting Organizations May Be Liable for Antitrust Violations of Their Members

As noted in this recent blog post, in TruePosition, Inc. v. LM Ericsson Telephone Co., No. 11-4574 (E.D. Pa. Oct. 4, 2012), the court held that a Standard Setting Organization (SSO) known as 3GPP may be liable for alleged...more

Lessons From In Re Rigel Pharmaceuticals

Originally published in Law360, New York (September 19, 2012, 10:56 AM ET) In In re Rigel Pharmaceuticals Inc. Securities Litigation (9th Cir. Sept. 6, 2012), the United States Court of Appeals for the Ninth Circuit...more

IP Attorneys: A Guide to Effective, Engaging Graphics for Patent Litigation

Apple’s recent victory over Samsung in their patent infringement case had to be one of the most closely watched intellectual property cases ever, and trial graphics played a decisive role in shaping juror and public opinion....more

Articles in Legal Industry Publications Continue to Qualify as Public Disclosure Under the False Claims Act

A Texas federal judge recently tossed a Federal False Claims Act (FCA) qui tam because the substance of the underlying allegations was previously disclosed in several legal industry publications, U.S. ex rel. Pharma Fraud...more

Corporate and Financial Weekly Digest - May 25, 2012

In this issue: - NYSE’s Modified Listing Standards For EGCs; Advisory Committee Proposes Change to NYSE Proxy Distribution Fees - FINRA Proposes Rule Change Regarding Front Running of Block Transactions - SEC...more

U.S. District Court for the District of Massachusetts Holds Pharmaceutical Companies Not Required to Disclose FDA Inspectional...

In an important ruling dismissing a comprehensive securities class action complaint against Genzyme Corporation, the U.S. District Court for the District of Massachusetts held last week that regulatory comments and...more

Tackling ‘Pay-For-Delay’ In California Supreme Court

Originally Published in Competition Law360 Last month, the California Supreme Court granted a petition for review to consider the legality of “pay-for-delay” agreements. Under these agreements, also referred to as...more

Judge Corporate-Funded Studies on Their Merits

During the past decade, the drumbeat against corporate-funded science has sounded in major journals, books and the news media. The backlash against this research has seeped into the judicial system, appearing to influence...more

T.R. Investors v. Genger

Brief of Amicus Curiae in Support of Defendant Below-Appellant Urging Reversal

This amicus brief addresses issues raised in the Court of Chancery relating to preservation and deletion of data. In the brief, amici argue that the Court misapplied technological concepts and therefore reached a conclusion...more

E-Discovery and Litigation Holds: The Ever Increasing Duties Imposed on Litigants

Advances in technology over the last decade have changed the way that companies communicate with customers, with clients and with each other. Rather than making phone calls or sending letters, employees today, armed with lap...more

Supreme Court Agrees to Decide Securities Class Action with Significant Implications for the Pharmaceutical Industry and Other...

On June 14, 2010, the Supreme Court agreed to consider Matrixx Initiatives, Inc. v. Siracusano, which addresses a stockholder’s claim that a pharmaceutical company improperly failed to disclose adverse drug reactions even...more