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Does Off-Label Promotion Settlement Signal Change in FDA Policy?

Litigation
Law.com |
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$1500 an Hour BigLaw Rates Overshadow Decrease in Realization

The Wall Street Journal’s front-page headline on billing rates this month tells only part of the story. “Legal Fees Cross New Mark: $1,500 an Hour,” the Feb. 9 article announced, before listing partner hourly rates at several big firms: $925 to $1,475 at Proskauer Rose; $895 to $1,450 at Ropes & Gray; $875 to $1,445 at Kirkland & Ellis; and so on and so on and so on.


That’s great if you can get it, but most firms can’t. The 2016 Report on the State of the Legal Market from Georgetown University Law Center and Thomson Reuters Peer Monitor tells a second part of the story: Realization and collection rates have plummeted.

Litigation
Reuters |

FTC: Dealerships Can’t Certify Used Cars With Safety Recalls

With the recalls affecting Honda vehicles dating back several years, used-car dealers are facing increased pressure. It is legal under federal law to sell used cars with unrepaired safety defects that are subject to recall, but dealers that operate under franchises with manufacturers could be violating those agreements.


Because some used-car dealers operate independently of any manufacturer, the growing number of used cars that need safety repairs is creating divisions among dealers. The National Highway Traffic Safety Administration says this difference creates a "safety loophole."

Litigation
National Law Journal |
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Judge Slams Tobacco Companies For ‘Stalling’ to Pay for Health Risk Ads

U.S. tobacco companies on Monday drew the ire of a federal judge in Washington, who accused them of trying to “stall” their obligation to pay for public ads about the health risks of smoking.


U.S. District Judge Gladys Kessler wrote that the tobacco companies—represented by Gibson, Dunn & Crutcher; Jones Day; Stafford Rosenbaum; and Baker & Hostetler—had attempted to re-litigate issues related to the contents of the so-called “corrective statements” ads.

Litigation
Fierce Pharma |

Congress Slams Pharma Bro’s Companies For Price Hikes

Former Turing CEO Shkreli made an appearance but pleaded the fifth.


Industry watchers expected a show at a recent congressional drug price hearing, and the event did not disappoint. Members of Congress slammed Valeant and Turing Pharmaceuticals for dramatic prices increases, and also took shots at former Turing CEO Martin Shkreli, who remained close-lipped throughout the hearing.

Litigation
Legal Newsline |

Virginia ‘Patent Troll’ Unit to Combat ‘Bad Faith’ Claims

Virginia Attorney General Mark R. Herring has announced his office will place a new emphasis on supporting state businesses by taking action against patent trolling in Virginia.


The commonwealth’s first Attorney General’s Patent Troll Unit will combat “bad faith” claims of patent infringement, which forces high-tech and Main Street business to choose either fighting through costly litigation or paying unjustified licensing fees, the attorney general said.

Litigation
Courthouse News Service |

Anti-Depressant Maker Sued Over Compulsive Gambling Claim

The anti-depressant drug Abilify gave a man a compulsive gambling habit that cost him more than $75,000, he says in a lawsuit against Bristol-Myers Squibb and Otsuka Pharmaceuticals.

Jonathan Yun says the drugmakers did not properly warn him about a known side effect of the blockbuster drug, whose sales revenue exceeds $1 billion a year.

Litigation
Legal Newsline |

Supplement Company Denies Class Misrepresentation Claims

A sports nutrition and supplements company facing a class action lawsuit claiming its ingredients are not Food and Drug Administration-approved is standing behind its products.

On Dec. 17, in the U.S. District Court for the Southern District of California, Mason Dabish and Bill Bohr filed a class action lawsuit against MusclePharm Corp, accusing the company of breach of warranty, negligent misrepresentation and violations of California State Laws.

According to the plaintiffs, MusclePharm allegedly sells products containing newly formulated ingredients designed to increase effectiveness by fusing an amino or organic acid with a nitrate.