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Dell filed a mandamus petition with the U.S. Court of Appeals for the Federal Circuit, urging the court to block the entire Desmarais LLP law firm from accessing proprietary information Dell must provide to Round Rock during discovery. Dell is concerned that founder John Desmarais will use confidential information for business purposes.
Cancer Claim for Drug Enjoined
Despite widespread reports last month that a drug approved to fight osteoporosis also decreases the risk of breast cancer among post-menopausal women, a federal judge has enjoined the drug's manufacturer from promoting the drug as protecting against cancer. U.S. District Judge John G. Koeltl, in Zeneca Inc. v. Eli Lilly and Co., last Thursday granted a preliminary injunction against drug maker Eli Lilly and Co.Manhattan district judge Scheindlin: "As I (and others) have repeatedly stated, the fact that damages must be calculated on an individual basis" is not fatal to class certification.
We weren't the only ones disgruntled at the relatively small fine the SEC levied against BofA to settle charges that the bank lied to investors about Merrill Lynch bonuses when BofA acquired Merrill last September. On Monday, Manhattan federal district court judge Jed Rakoff will grill lawyers from the agency and the bank on the details of the proposed settlement--including why it's so small and whether taxpayer money will be used.
No. 1 Task for Shearman Leader: Keeping the Firm in the Top Tier
With its illustrious history and posh name, Shearman & Sterling strikes many as the epitome of the patrician, white-shoe New York law firm. But the past few years have seen the 1,013-lawyer firm's image tarnished by associate layoffs, partner departures and signs of internal dissent, all capped by a profitability gap between Shearman and its erstwhile peers. Now the firm may be enjoying a fresh start, due partly to firm leader Rohan Weerasinghe and a 22 percent jump in profits per partner.We can't remember the last time a defendant won a motion to dismiss a class action in multidistrict litigation, so we took note of a decision last week by Los Angeles federal district court judge Philip Gutierrez in a case against the pharmaceutical giant Amgen and two dialysis service providers, DaVita and Fresenius Medical Care North America. The plaintiffs, seven health benefit plans, claimed in a class action that Amgen and the others conspired to promote off-label uses of two Amgen drugs, violating the federal RICO statute and California consumer fraud laws.
Counsel for Grant Thornton International at Willkie Farr managed to get their client off the hook in a securities class action involving Duoyuan Global Water Inc., but DGW and a group of underwriters represented by Shearman & Sterling are still on the hook.
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