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Rouviere has been a long and storied litigation. We have shared many parts of that story here (Zoom depositions during Covid), here (turncoat experts), here (reflections on Rambo litigation), and here (summary judgment on statute of limitations).  After six years of litigation that ended in a summary judgment that was affirmed on appeal, we thought

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We weren’t expecting to find anything bloggable when we reviewed the Supreme Court’s recent unanimous decision in Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, ___ U.S. ___, 2025 WL 1583281 (U.S. June 5, 2025).  But we were struck by the familiarity of the allegations of illegal marketing that the Court in S&W held could not be passed off as “aiding and abetting.”  These were the same tired and repetitive allegations of purported “illegal marketing” by independent actors in the distribution chain that we have seen in so many drug/device cases – sometimes masquerading as “public nuisance.”

We think our clients can use S&W against such allegations, at least by analogy.Continue Reading Unanimous Supreme Court Slaps Down Familiar Sounding Marketing Allegations In Landmark Gun Decision

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We know that any federal court analysis that starts with Although the state has not recognized the duty . . . is going to be followed by a “prediction” of state law that instead creates unprecedented liability according to the federal court’s personal predilections.  Which is precisely what the court did in CLF v. Coopersurgical

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On March 5, Dechert is proud to host 2025 Life Sciences Day, an interdisciplinary program designed for in-house counsel, chief officers, and strategic investors. This dynamic half-day event offers a fantastic opportunity to network with industry leaders and delve into the latest trends and insights shaping the life sciences sector.

The event will

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Happy Valentine’s Day. Today’s decision is about a rather un-romantic topic—holding companies.  But that got us thinking about a lesser-known band out of San Francisco called Big Brother and the Holding Company. One of America’s most iconic vocalists got her start with the band. Big Brother and the Holding Company’s second album, Cheap Thrills, reached

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The federal government and the Fourth Circuit have ruled that a charitable patient assistant program conceived to increase access to cancer drugs for needy patients violated the federal Anti-Kickback Statute.  In an opinion long on canons of statutory interpretation and short on compassion for sick and dying patients, the Fourth Circuit upheld an HHS advisory

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Yes, we are the Drug and Device Law Blog.  Yes, we at times stray into other areas when we think a decision has application to our DDL world.  Yes, today’s case is about a “drug” product.  No, today’s case is not about a drug for humans.  In fact, it really isn’t about a drug at