Over the last decade, there has been an explosion in the number of cases challenging alleged exclusion of generic drugs by branded pharmaceutical manufacturers. Often, when a branded pharmaceutical manufacturer is unsuccessful in making patent, scientific, or regulatory arguments in opposition to a prospective generic entrant, the branded manufacturer is faced with high-stakes high-stakes antitrust claims brought on behalf of purported classes of direct and indirect purchasers seeking a significant portion of the branded manufacturer's revenues in compensatory damages.Sean Royall and Joshua Lipton of Gibson Dunn are co-authors of the attached article, "The Complexities of Litigating Generic Drug Exclusion Claims in the Antitrust Class Action Context," which addres
April 23, 2010
On April 20, 2010, the European Commission adopted a revised Vertical Block Exemption Regulation, which provides a "safe harbour" for certain distribution and supply agreements from the application of European antitrust rules (Article 101(1) of the Treaty on the Functioning of the European Union). The European Commission also adopted its accompanying Vertical Guidelines.
April 22, 2010
Washington, D.C. associate Brian C. Baldrate is the author of "Federal Criminal Procedure - The Department of Justice's New Guidance on the Production of Exculpatory and Impeachment Evidence: A Piecemeal Approach to the Problem of Prosecutorial Misconduct" [PDF] published in the April 2010 issue of Bloomberg Law Reports - White Collar Crime.
April 21, 2010
On April 14, 2010, the U.S. Court of Appeals for the Federal Circuit issued its decision in Novo Nordisk A/S v. Caraco Pharmaceutical Laboratories, Ltd., No.
April 16, 2010
Die Zwangsvollstreckungsunterwerfung in das Grundstück ist bei Veräußerung einer Grundschuld übertragbar, wenn der Gläubiger in die Sicherungsvereinbarung eintritt und das durch öffentliche oder öffentlich beglaubigte Urkunde erfolgt.
April 14, 2010
The United States Sentencing Commission voted unanimously on April 7, 2010 to modify the Federal Sentencing Guidelines for organizations, including the provisions that set forth the attributes of an effective compliance and ethics program. After considering a number of proposed changes to these Guidelines, the Commission voted to:Enhance the report obligations from a compliance officer to the board of directors in order for the compliance program to be deemed effective in all circumstances;Clarify the steps a corporation must take to meet the Commission's requirement for proper remediation in the event criminal conduct occurs;Reject the proposed language that would have mentioned, for the first time, the appointment of monitors as a possible component of the remediation requirement o
April 13, 2010
On March 23, 2010, President Obama signed into law the Patient Protection and Affordable Care Act. Seven days later, the president signed into law a reconciliation measure, the Health Care and Education Reconciliation Act of 2010.
April 9, 2010
The United Kingdom has just enacted into law a new Bribery Act, which cleared the final stages of the Parliamentary process at an accelerated pace today.
April 8, 2010
Brussels partner David Wood is the author of "Bringing Google to book" [PDF] published in the April 6, 2010 issue of Competition Law Insight.
April 6, 2010
On March 23, 2010, President Obama signed into law the Patient Protection and Affordable Care Act (the "Act"). The Act fundamentally alters the U.S.
April 2, 2010
On March 23, 2010, President Obama signed into law the Patient Protection and Affordable Care Act, Pub. L. 111-148, 124 Stat. 119 (PPACA). Media coverage and public scrutiny of this legislation has been extensive, but falling largely outside the spotlight are several provisions extending the reach of the False Claims Act, 31 U.S.C.
April 2, 2010
On March 31, 2010, the Supreme Court of the United States expanded the range of class action litigation in federal court by ruling that certain class actions barred by state law may nevertheless proceed in federal court. In Shady Grove Orthopedic Associates, P.A.
April 2, 2010
On 1 March, the UK Financial Services Authority ("FSA") published its new framework for financial penalty-setting.
April 1, 2010
Century City Jonathan K. Layne and Los Angeles associate Benyamin S. Ross are the authors of "Fiduciary Duties In Delaware LLC Agreements" [PDF] publised online by Law360 on March 31, 2010 at law360.com.
March 31, 2010
On March 30, 2010, the Supreme Court issued its decision in Jones v. Harris Associates L.P., No. 08-586. The Court construed Section 36(b) of the Investment Company Act of 1940, which states that investment advisers to mutual funds are deemed to have a fiduciary duty with respect to the receipt of compensation for services and provides a private cause of action for breach of that duty.
March 30, 2010
Last week, the U.S. Department of Labor's Wage and Hour Division announced a new procedure for interpreting the provisions of the Fair Labor Standards Act ("FLSA"), 29 U.S.C.
March 29, 2010
In this communication we discuss what you can do to reduce the likelihood that your school will be the subject of a False Claims Act ("FCA") lawsuit, and if it is, what steps you can take to help successfully defend the lawsuit and avoid liability.
March 26, 2010
Last week, the California Supreme Court handed down its decision in Steiner v. Thexton, ruling that a purported real property purchase contract was instead an irrevocable option and remanding the case to the trial court for further proceedings.
March 25, 2010
As the Supreme Court enters the homestretch of this Term's oral arguments and approaches its busiest season for issuing opinions, Gibson Dunn is pleased to announce that its Supreme Court Round-Up will be summarizing key developments at the Court.
March 25, 2010
A final rule issued on March 23, 2010, amends the Federal Acquisition Regulation ("FAR") to implement the Federal Awardee Performance and Integrity Information System ("FAPIIS"). FAPIIS was created to fulfill the requirements imposed by Section 872 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Pub.
March 24, 2010