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The Bulletin - Fall 2020

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  • The Generic Drug Price-Fixing Scandal: Recent Developments in the Federal and State Investigations and Parallel Civil Litigation

    Matthew Mustokoff, Joshua Materese, Jonathan Neumann, Evan Hoey

    The importance of generic drugs to the U.S. healthcare system cannot be overstated. Generic drugs have long been referred to as one of the few “bargains” in the U.S. healthcare system, and historically, have played a critical role in containing overall healthcare costs. In the early part of the...

  • Pitfalls of Relying on Many Third Party Service Providers in Non-US Litigation

    Emily Christiansen

    Many third party claims filing service providers offer services to clients for shareholder litigation outside the U.S. where an investor is required to opt-in to participate at the inception of the litigation. These services are not quite what they purport to be and investors should be careful in...

  • The Delaware Supreme Court Reinstates Claims of Former Towers Watson Stockholders

    On June 30, 2020, Kessler Topaz convinced the Delaware Supreme Court to reinstate stockholders’ claims for breaches of fiduciary duty in connection with the 2016 merger (“Merger”) of Towers Watson & Co. (“Towers”) and Willis Group Holdings plc (“Willis”) to form Willis Towers Watson plc (“Willis...

  • KTMC Investigates Whether Wayfair Inc. Insiders Took Advantage Of Economic Uncertainty Caused By COVID-19

    Matthew Benedict

    The arrival of the COVID-19 epidemic in North America late this winter took the global economy by surprise. The lack of information about the virus and its increasingly rapid spread beyond mainland China caused investors to panic. In the last week of February, when the first cases of community...

  • Pending Third Circuit Appeal on Equitable Tolling Implicates Class Members' Ability to Bring Individual Actions

    Karissa Sauder, Ryan Degnan

    The Third Circuit is slated to hear argument in Aly v. Valeant Pharmaceuticals International, Inc., No. 19-3326, which presents the issue whether, under American Pipe and Construction Co. v. Utah, 414 U.S. 538 (1974), the filing of a class action tolls the statute of limitations for putative class...

  • First Circuit Upholds Ability of Securities Classes to Add Named Plaintiffs

    Geoffrey Jarvis

    There is a split among the Federal Courts of Appeals as to whether a plaintiff in a class action whose claims have been dismissed for lack of standing can be permitted to amend the operative complaint to add a new plaintiff who would satisfy the standing requirements. The Fifth and Ninth Circuits...

  • Judge Grants Final Approval to $120 Million Settlement Ending Seven-Years of Litigation in In re Loestrin 24 Fe Antitrust Litigation

    Terence Ziegler

    On September 1, 2020, Judge William E. Smith of the United States District Court for the District of Rhode Island issued an order granting final approval to the $120 million settlement achieved by a class of Direct Purchasers of brand and generic Loestrin 24 Fe (“Loestrin”), bringing to an end over...