Morgan Lewis

In its decision dated April 24, 2024 (I R 41/20), the Federal Fiscal Court (BFH) decided for the legal status up to December 31, 2021 that exchange...

Inventive deal structures are on the rise within China’s life sciences industry, with the “NewCo” model having garnered significant interest among Chinese pharmaceutical companies in recent years. In 2024, several landmark deals were structured using this innovative model.

Corporate Venture Capital (CVC) slowed to its lowest share of total VC deals since 2014 in the second quarter of 2024. Only 23.3% of deals that were...

National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo released GC Memo 25-01 on October 7, 2024 further urging the Board to find non-compete agreements, particularly “stay-or-pay” practices, unlawful and broaden the remedies available for such cases. The General Counsel contends that non-compete and “stay-or-pay” agreements hinder employees’ rights to engage in concerted activities under Section 7 of the National Labor Relations Act based on the theory it restricts employee mobility. The memorandum further sets forth a framework for determining the legality of non-compete and “stay-or-pay” agreements.

340B litigation remains full speed ahead. Manufacturer and covered entity (CE) disputes, not all of which are being actively litigated, include, but are not limited to, federal and state regulation of contract pharmacies, manufacturer restrictions on contract pharmacies and 340B distribution, CE data submission requirements, and the definition of “patient.” With billions of dollars at stake, it is unlikely that manufacturers or CEs will change course any time soon. And while federal and state legislation has been proposed to address these issues, we cannot know whether such legislation will be enacted.

The Delaware Bankruptcy Court on September 25 issued a ruling in Smallhold that a creditor cannot be presumed to consent to a third-party release in a...

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A new duty came into force on 26 October 2024 requiring UK employers to take reasonable steps to prevent sexual harassment of employees in the course of their employment under the Worker Protection (Amendment of Equality Act 2010) Act 2023.

The Monetary Authority of Singapore (MAS) published the Circular on Anti-Scam Measures by Major Payment Institutions Providing Personal Payment Accounts That Contain E-money on 25 October 2024, setting out MAS’s supervisory expectations of major payment institutions (MPIs) that are licensed under the Payment Services Act 2019 to carry on a business of providing an account issuance service and that issue personal payment accounts containing e-money (e-wallets) in relation to anti-scam measures.

As we approach the end of 2024 and the 2024 US presidential and congressional elections, there are several key antitrust-related deadlines and potential changes to watch for at the US antitrust enforcement agencies and other government institutions. This LawFlash summarizes some of the most important ones.