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FTC Claims Abuse in the Citizen Petition Process

January 31st, 2018

Judge Richard Andrews of the U.S. District Court in Delaware recently heard oral arguments in FTC v. Shire ViroPharma Inc., a potentially game changing case for the pharmaceutical industry.  The Federal Trade Commission (FTC) brought this suit to challenge the use of serial, abusive citizen petitions. A citizen petition requests the FDA to “issue, amend, or revoke a regulation or order or...

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Delaware Governor Proposes Expansion of Court of Chancery From Five to Seven Judges

January 30th, 2018

On January 25, 2018, Delaware’s Governor, John Carney, proposed a budget for the 2019 fiscal year, which includes funding to add two new vice-chancellors to the Delaware Court of Chancery. The bench expansion comes on the heels of a plea from Delaware’s Chief Justice Leo E. Strine, Jr. as a result of a substantial increase in workload and cases in the Court of Chancery, which has seen a...

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Faruqi & Faruqi Commences Lawsuit Against Stan Lee On Behalf Of POW! Entertainment, Inc. Shareholders

January 26th, 2018

On January 24, 2018, Faruqi & Faruqi, LLP filed a class action lawsuit in the Court of Chancery of the State of Delaware, C.A. No. 2018-0056, on behalf of POW! Entertainment, Inc. (“POW!) stockholders who received inadequate consideration as a result of Camsing International Holding’s acquisition of POW! (the “Merger”). The complaint alleges that Stan Lee and Gill Champion, in their...

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PAGA Pulls Ahead of FAA

December 14th, 2017

California workers received an early holiday present as the United States Supreme Court denied a petition from Prudential Overall Supply – an employer seeking to force workers from state court and into a forum where workers’ claims must be brought on an individual basis.  The petition followed the March 7, 2017 decision of Betancourt v. Prudential Overall Supply, 9 Cal. App. 5th 439 (Cal....

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Price Fixing and Collusion Cause of Skyrocketing Generic Drug Prices

August 15th, 2017

Generic drugmakers are under antitrust scrutiny in a series of lawsuits alleging collusion to illegally hike prices of specific generic drugs, sometimes by more than 1000%.  The Sherman Act prohibits "[e]very contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce.". Generic drugs – which are equivalent to brand name drugs – have saved...

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