Latest From Skadden

  • Failure to Report Adverse Events Results in Criminal Misbranding Settlement and Individual Liability
    Skadden, Arps, Slate, Meagher & Flom LLP
    John T. Bentivoglio, Jennifer L. Bragg, Maya P. Florence, Amanda H. Chan
    On December 10, 2018, Olympus Medical Systems Corporation and a former quality manager at the company pleaded guilty to violations of the Federal Food, Drug and Cosmetic Act. The case illustrates the seriousness of adverse event reporting obligations, the likelihood of the Food and Drug Administration and Justice Department pursuing criminal resolutions when patient safety is implicated, and the potential for FDA regulatory lapses to create meaningful risk for a company.
  • Federal District Court Dismisses CFTC Price Manipulation Claims and Resets the Standard of Intent Debate
    Skadden, Arps, Slate, Meagher & Flom LLP
    Mark D. Young, Theodore M. Kneller, Jeongu Gim
    A recent Southern District of New York decision, CFTC v. Wilson & DRW Investments, held that the intent standard for price manipulation or attempted manipulation claims under the Commodity Exchange Act requires a specific intent to create an artificial price, not merely an intent to affect price. The court rejected the CFTC’s legal theory that trading activity that is intended to influence price is per se illegitimate and by definition “artificial.”
  • Decisions, Decisions: Leading Cases on the Supreme Court's 2018 Business Dockett
    U.S. News – Best Lawyers “Best Law Firms” 2019
    John H. Beisner, Boris Bershteyn, Lea Haber Kuck, Andrew M. Lawrence, Karen Hoffman Lent, Gregory A. Litt, Colleen P. Mahoney, Tara L. Reinhart, Charles F. Walker

    Skadden partners highlight the most significant antitrust, arbitration, class action and SEC/misstatements cases on the Supreme Court's 2018 docket.

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