News & Analysis as of

Purdue Pharma

Wilson Sonsini Goodrich & Rosati

DOJ Civil Division's Consumer Protection Branch Features FDA Enforcement Actions in its First-Ever Annual "Recent Highlights"...

Earlier this month, the U.S. Department of Justice (DOJ) Civil Division's Consumer Protection Branch (CPB) released its first-ever annual "recent highlights" report. The report describes the CPB's accomplishments from October...more

Proskauer - Minding Your Business

The (Third) Party’s Over? Recent Decisions Cast Doubt on the Continued Vitality of Third Party Releases in Chapter 11...

Two recent decisions by U.S. District Courts have rejected attempts to include nonconsensual third party releases in chapter 11 reorganization plans. These rulings suggest third party releases may be facing increasing push...more

Patrick Malone & Associates P.C. | DC Injury...

Plutocrats up the ante by a few billion to settle a sorry opioids saga

A plutocratic clan has upped its ante by $1.5 billion in an apparently successful bet that using bankruptcy courts, mediation, and offering to settle giant claims in the opioid abuse and drug overdose crisis will be cheaper...more

Robins Kaplan LLP

Holdout States Accepted Sweetened Opioid Deal With Sacklers

Robins Kaplan LLP on

Jobs Report Friday again! Here’s what we’re looking for in the numbers (though after last month, good luck with any predictions)...more

White and Williams LLP

District Court Overturns Purdue Pharma’s Chapter 11 Plan and Related Releases of Sackler Family from Opioid Liability Claims

On December 16, 2021, Judge McMahon of the United States District Court for the Southern District of New York (District Court) issued her decision in In re: Purdue Pharma LP, overturning the bankruptcy judge’s confirmation of...more

Patrick Malone & Associates P.C. | DC Injury...

What’s really bankrupt? The newest liability dodge by Big Pharma

Big Pharma is blazing a legal trail that wealthy corporations are racing to follow. The corporatists are using a new approach to crush patients and other consumers who seek justice in the civil system with claims that drug...more

Vinson & Elkins LLP

In re Mallinckrodt PLC.: Delaware Bankruptcy Court Approves Non-Consensual Third-Party Releases in Contrast to Purdue and Ascena

Vinson & Elkins LLP on

On February 3, 2022, as part of a series of recent decisions addressing third-party releases, Bankruptcy Judge John T. Dorsey of the Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”) confirmed the chapter...more

Proskauer Rose LLP

Sunny With Clear Skies, But a Chance of Turbulence on the Horizon: Private Credit Restructuring Year in Review

Proskauer Rose LLP on

This past year was marked by extraordinary deal activity. Record breaking M&A activity drove record breaking private credit activity. Private equity M&A activity was at a substantial high, with over 8,500 deals worth $2.1...more

ArentFox Schiff

Investigations Newsletter: DOJ Secures $5.6 Billion in False Claims Act Recoveries in Fiscal Year 2021 

ArentFox Schiff on

DOJ Secures $5.6 Billion in False Claims Act Recoveries in Fiscal Year 2021 - On February 1, 2022, the U.S. Department of Justice (DOJ) announced that the Department recovered approximately $5.6 billion in False Claims Act...more

Mintz - Health Care Viewpoints

False Claims Act Settlements and Judgments Exceed $5.6 Billion in Fiscal Year 2021

The Department of Justice announced in a February 1, 2022 press release (Press Release) that it obtained more than $5.6 billion in settlements and judgments from civil cases involving fraud and false claims in the fiscal year...more

Morgan Lewis

What a Difference a Few Days Make

Morgan Lewis on

Not so long ago US Bankruptcy Judge Robert Drain of the Southern District of New York had his time in the barrel—pilloried in the media for approving releases to members of the Sackler family as part of a bankruptcy plan that...more

Vinson & Elkins LLP

In re Purdue Pharma L.P.: S.D.N.Y. Holds Bankruptcy Court Lacks Statutory Authority to Approve Sackler Family Releases

Vinson & Elkins LLP on

On December 16, 2021, in a significant decision, the United States District Court for the Southern District of New York (the “District Court”) vacated the order confirming the chapter 11 plan of Purdue Pharma L.P. (“Purdue”)...more

Lowenstein Sandler LLP

Breaking Down the Latest Decision in the Purdue Pharma Case

Lowenstein Sandler LLP on

Andrew Behlmann, partner in the firm’s Bankruptcy & Restructuring Department, breaks down last week’s decision by SDNY Judge McMahon to vacate confirmation of Purdue Pharma’s chapter 11 plan. Behlmann discusses the 142-page...more

White and Williams LLP

District Court Overturns Purdue Pharma’s Chapter 11 Plan and Related Releases of Sackler Family from Opioid Liability Claims

White and Williams LLP on

On December 16, 2021, Judge McMahon of the United States District Court for the Southern District of New York (District Court) issued her decision in In re: Purdue Pharma LP, overturning the bankruptcy judge’s confirmation of...more

Robins Kaplan LLP

Financial Daily Dose 12.17.2021 - NY Judge Rejects Purdue Pharma Settlement Over Sackler Family Liability Shield

Robins Kaplan LLP on

New York Federal Judge Colleen McMahon has “overturned the confirmation of Purdue Pharma’s Chapter 11 plan,” after determining that the bankruptcy court “did not have the legal right to release claims against the company’s...more

Patrick Malone & Associates P.C. | DC Injury...

It’s past time to cry foul on wealthy corporations’ unfair practices

While Republicans and a handful of Democrats in Congress may be filling campaign coffers and pleasing wealthy corporations to the nth degree during the current lawmaking session, regular folks have reason to be aghast at how...more

Lowenstein Sandler LLP

Bankruptcy Venue Reform Bill Needs Amending

Lowenstein Sandler LLP on

The issue of venue reform has been debated for many years and is again being revisited in light of the expected surge in bankruptcy cases in the wake of the COVID-19 pandemic and certain recent large Chapter 11 filings,...more

Robins Kaplan LLP

Financial Daily Dose 9.17.2021 | Top Story: World Bank Withdraws “Doing Business” Report After Probe Suggests Improper Influence

Robins Kaplan LLP on

In what appears to be a serious black eye for the organization, the World Bank has canceled its prominent “Doing Business” report (which rates the “business environment of the world’s countries”) after an “investigation...more

Patrick Malone & Associates P.C. | DC Injury...

With $ billions but no apologies or remorse, notorious opioid bankruptcy settles

In a landmark opioid painkiller case, a federal bankruptcy judge has approved what potentially may be a $10-billion settlement. It included a plutocratic clan winning sweeping protections from further civil lawsuits by...more

Robins Kaplan LLP

Financial Daily Dose 9.2.2021 | Top Story: NY Judge Provisionally Approves Purdue Pharma Dissolution, Sackler Liability Shield

Robins Kaplan LLP on

A New York federal bankruptcy judge provisionally approved an opioid settlement plan on Wednesday that will dissolve Purdue Pharma and require members of the Sackler family (which owns Purdue) to “turn over billions of their...more

Smart & Biggar

Supreme Court of Canada denies Amgen leave to appeal decision invalidating its filgrastim patent

Smart & Biggar on

As previously reported, Amgen sought leave to appeal a decision of the Federal Court of Appeal (2020 FCA 188) affirming Justice Southcott’s decision that the relevant claims of its filgrastim (NEUPOGEN) patent were invalid...more

Patrick Malone & Associates P.C. | DC Injury...

As opioid drug-case settlement advances, fentanyl deaths spike in D.C. area

Just as attorneys generals for more than a dozen states inch toward a multibillion-dollar settlement with a drug maker faulted for its big role in the start of the opioid abuse and drug overdose crisis, that health menace is...more

Patrick Malone & Associates P.C. | DC Injury...

Plaintiffs’ fortitude: It’s an admirable must when battling corporate fat cats

While too many of us get overdosed with clownish depictions - from doctors, hospitals, insurers, and corporations, especially Big Pharma firms - of how the civil justice system operates, it’s always worth a reminder of the...more

Robins Kaplan LLP

Robins Kaplan Justice Report Spring 2021 | VOL. 15 NO. 2

Robins Kaplan LLP on

DUTY TO THIRD PARTIES: FOCUS ON FORESEEABILITY - Foreseeability is the foundation of duty in many states, and Minnesota is no different. With a series of cases starting in 2017, the Minnesota Supreme Court has made a...more

Patrick Malone & Associates P.C. | DC Injury...

‘The Crime of the Century’ documents our lethal opioid tragedy

When accomplished folks who have racked up awards like Oscars, Emmys, and Pulitzers provide their frank appraisal of the roles of Big Pharma, federal regulators, and law enforcement in the opioid abuse and drug overdose...more

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