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Pay-for-Delay Contracts
It sounds shady: The manufacturer of a name-brand pharmaceutical product pays a potential competitor not to sell a generic version of the drug, thereby protecting its monopoly. Is this really legal? Some courts have said that it is, at least under certain conditions. But breaking ranks with several recent decisions from U.S. Circuit Courts of Appeal, the Third Circuit, in In Re K-Dur Antitrust Litigation, 2012 U.S. App. LEXIS 14527 (3d Cir. 7/16/12), has determined that, when a patent-holding drug manufacturer makes payments to potential generic competitors to keep them out of the marketplace, that fact alone serves as prima facie evidence of violation of U.S. antitrust laws.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
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Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.