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Tuesday, February 6, 2024

Paul Weiss Welcomes Leading Torts Litigator Branscome in LA

 Kimberly Branscome, the co-head of Dechert’s product liability and mass tort practice, has joined Paul Weiss as a partner with the litigation department in Los Angeles.

Branscome focuses on litigation and trials that deal with product liability, professional liability, environmental and toxic torts, and securities matters.

She has been lead trial counsel for major corporations in high-profile tort cases, including Johnson & Johnson in its product liability litigation over allegations of asbetos contamination in its talc powder products, General Motors in litigation over its vehicles ignition switches.

Branscome is currently lead defense counsel for 3M in product liability litigation over earplugs sold to the military, the largest mass tort case in US history. She is also defense liaison and lead trial counsel for GSK plc in proceedings in California over its antacid Zantac.

“Kim is widely regarded as one of the most talented and respected lawyers in product liability and mass torts,” said Paul, Weiss chairman Brad Karp in a statement.

“Her considerable experience and expertise will be an invaluable asset to the firm and our clients,” he said.

Branscome, a former Covington & Burling associate, joined Dechert in 2020 from Kirkland & Ellis. In addition to leading Dechert’s product liability practice, Branscome was also office managing partner of its Los Angeles office.

Branscome is just the latest addition to Paul Weiss’ newly created Los Angeles office, which opened up in September after the firm hired 12 lawyers from Kirkland & Ellis.

https://news.bloomberglaw.com/environment-and-energy/paul-weiss-adds-branscome-as-la-partner-in-litigation-department

Incyte Gains Exclusive Global Development and Commercialization Rights to Tafasitamab (Monjuvi®)

  

– Tafasitamab is approved in combination with lenalidomide for the treatment of relapsed or refractory diffuse large B-cell lymphoma (DLBCL), and is currently in Phase 3 trials for multiple indications

-Incyte (Nasdaq:INCY) announced it has entered into an asset purchase agreement with MorphoSys AG (FSE: MOR; NASDAQ: MOR) which gives Incyte exclusive global rights for tafasitamab, a humanized Fc-modified CD19-targeting immunotherapy marketed in the U.S. as Monjuvi® (tafasitamab-cxix) and outside of the U.S. as Minjuvi® (tafasitamab).

“This new agreement with MorphoSys provides Incyte with exclusive global rights to tafasitamab and full control over its development and commercialization, allowing us to realize significant operating efficiencies and cost synergies,” said HervĂ© Hoppenot, Chief Executive Officer, Incyte.

In the previous agreement, MorphoSys and Incyte were collaborating and sharing costs for the clinical development and commercialization of tafasitamab in the U.S.; Incyte had exclusive rights outside of the U.S. Under the terms of the new agreement, MorphoSys will receive a payment of $25 million from Incyte and Incyte will gain global development and commercialization rights for tafasitamab. Incyte will now recognize revenue and cost for all U.S. commercialization and clinical development and MorphoSys will no longer be eligible to receive future milestone, profit split and royalty payments. The agreement is effective immediately.

https://www.businesswire.com/news/home/20240205431773/en/


Grifols Rises as Founding Family Leaves from Executive Roles

 

Grifols SA’s shares rose after announcing a management reshuffle that included removing family members from executive positions and naming a new chief executive officer.

The Spanish blood plasma product maker was up 2.8% to €10.675 per share at 9:55 a.m. in Madrid Tuesday, after rising as much as 4.6% earlier. The shares were down 31% this year prior to the start of trading Tuesday.

https://www.bloomberg.com/news/articles/2024-02-06/grifols-rises-as-founding-family-walks-away-from-executive-roles

Monday, February 5, 2024

Johnson & Johnson Worker Alleges Company Overpaid for Drugs

 

  • Employee says company breached duty to spend funds responsibly
  • Lawsuit filed in New Jersey seeks class-action status

Johnson & Johnson was sued by an employee who said the company’s health plan wasted workers’ money by paying inflated prices for prescription drugs.

In one instance, the health plan agreed to pay more than $10,000 for a drug to treat multiple sclerosis, a chronic nerve condition, that’s available for as little as $40 at retail pharmacies, according to the suit filed Monday in federal court in Camden, New Jersey.

https://www.bloomberg.com/news/articles/2024-02-05/johnson-johnson-jnj-worker-alleges-company-overpaid-for-prescription-drugs

IRS To Boost Enforcement Workforce By 40% By Year-End 2024

 by Naveen Athrappully via The Epoch Times (emphasis ours),

The Internal Revenue Service (IRS) intends to raise its enforcement personnel by 40 percent by the end of this fiscal year, with revenue agents seeing the largest workforce increase.

For fiscal year 2024, the IRS plans to boost enforcement staff by a net 5,462 employees, according to a Jan. 29 report by IRS watchdog Treasury Inspector General for Tax Administration (TIGTA). This would take the total number of enforcement personnel at the tax agency to 18,960 by the end of fiscal 2024, which is 40 percent higher than the staffing at the beginning of October 2023.

Out of the 5,462 net additions, 4,704 will be revenue agents who are tasked with conducting “face-to-face audits of more complex returns.”

The tax agency intends to add a net 493 special agents for the year, who are armed officials investigating “potential criminal activities.” Staffing of revenue officers will rise by 265 employees. Revenue officers are tasked with collecting delinquent taxes and securing delinquent returns.

By fiscal 2024-end, revenue agents will comprise close to 70 percent of the enforcement personnel. Armed special agents will make up 13.5 percent and revenue officers will account for 16.4 percent.

The Inflation Reduction Act (IRA) provided the IRS with $79.4 billion in supplemental funding that is available for the agency until September 2031. By the quarter ended Sept. 30, 2023, the agency had used $3.5 billion of the funds.

The IRS spent $1.4 billion out of the $3.5 billion IRA funds on its employees, “nearly doubling expenditures in this object class category in the fourth quarter.”

Most of the labor costs were accounted for by taxpayer services, which the TIGTA said “helped support the IRS’s efforts to hire additional customer service representatives to answer taxpayer telephone calls, as well as employees to staff Taxpayer Assistance Centers for the 2023 filing season.”

The IRS employed 89,767 people by the end of fiscal 2023. In addition to hiring staff to improve taxpayer services, the tax agency “focused on expanding enforcement on taxpayers with complex tax filings and high-dollar noncompliance to address the tax gap.”

“Tax gap” refers to the difference between taxes owed and paid to the government. The IRS claims the tax gap rose to $688 billion in 2021 alone, which is $192 billion more than estimates from 2014–16 and $138 billion more than 2017-19.

In October, IRS Commissioner Danny Werfel pointed to the tax gap to justify the importance of “increased IRS compliance efforts on key areas.” At the time, he said that the agency would use IRA funding to strengthen compliance on “high-income and high-wealth individuals” as well as businesses.

Expanded Enforcement

Out of the $79.4 billion in IRA funds, IRS had set aside $45.6 billion for enforcement. Taxpayer services were allocated $3.2 billion. Administration activities like business systems modernization and operations support were allocated $4.8 billion and $25.3 billion respectively.

The IRS’s decision to use most of the IRA funds for enforcement was questioned by Rep. Lisa McClain (R-Mich.) at a joint subcommittee hearing in October last year.

“This funding spree prioritizes enforcement over improving taxpayer services,” she said while noting that some of her constituents complained about call wait times when dialing the IRS. A few of them tried to get in touch with the IRS for several months but could not.

Ms. McClain said that even she had faced such difficulties. “If a private business did what the IRS does on a daily basis, it would quickly go out of business.

In the 2022 fiscal year, the IRS raked in a record $4.9 trillion in taxes, which was $790 billion more than the previous fiscal. The agency collected $72 billion in revenues from enforcement activities, which was well above the historical average of $59 billion.

There are also concerns that the IRS could use some of its IRA funding to boost enforcement on individuals making less than $400,000 per year.

When Commissioner Werfel was asked about this during a hearing last year, he did not explicitly guarantee that the agency would not increase the number of audits for this income group.

Budget Shortfall

Out of the $3.5 billion the IRS has used from IRA funding so far, almost $2 billion went to supplement its fiscal year 2023 appropriations, the TIGTA report stated.

IRS officials said they had to take $2 billion from IRA funds as the amount it received for spending in 2023 “was insufficient to cover normal operating expenses and did not include adjustments to account for inflation, estimated at approximately $460 million from fiscal year 2022.”

Out of the $3.5 billion, operations support took the largest chunk at $1.5 billion, followed by taxpayer services, business systems modernization, and enforcement activities.

The IRS calculates it would need $818 million more than last year’s funding in 2024 just to continue regular operations. The tax agency is yet to receive its fiscal 2024 appropriations.

The TIGTA pointed out that if Congress keeps the budget flat for 2024, the IRS will have to plug the $818 million shortfall using IRA funds. “This means less funds available for IRS transformation efforts.”

“Any reduction in the IRS’s annual appropriated funding, including inadequate funding to cover inflationary increases, will require the IRS to shift IRA funding to cover general operating expenses … Without the restoration in the IRS’s annual appropriation, IRA funding will cover only approximately two-thirds of the IRS’s planned modernization.”

https://www.zerohedge.com/political/irs-boost-enforcement-workforce-40-percent-year-end-2024

Gene editing biotech Metagenomi sets terms for $100 million IPO

Metagenomi, a preclinical biotech developing therapies using metagenomics-derived genome editing, announced terms for its IPO on Monday.

The Emeryville, CA-based company plans to raise $100 million by offering 6.3 million shares at a price range of $15 to $17. At the midpoint of the proposed range, Metagenomi would command a market value of $600 million.

Metagenomi is a precision genetic medicines company developing curative therapeutics using its proprietary, comprehensive metagenomics-derived genome editing toolbox. Its toolbox includes programmable nucleases, base editors, and RNA and DNA-mediated integration systems (including prime editing systems and CRISPR-associated transposases). To date, Metagenomi has analyzed over 460 trillion base pairs, predicted over 7.4 billion proteins, including over 322 million CRISPR-associated proteins and over 1.75 million CRISPRs. The company is taking a stepwise approach deploying its genome editing toolbox to develop potentially curative therapies, targeting indications across liver, neuromuscular, and other organ areas. All of its product candidates are preclinical.

Metagenomi was founded in 2016 and booked $38 million in collaboration revenue for the 12 months ended September 30, 2023. It plans to list on the Nasdaq under the symbol MGX. J.P. Morgan, Jefferies, TD Cowen, Wells Fargo Securities, and BMO Capital Markets are the joint bookrunners on the deal. It is expected to price during the week of February 5, 2024.

Doctor Who Helped Wounded Ashli Babbitt On Jan. 6 Sentenced To Probation

 by Joseph M. Hanneman via The Epoch Times (emphasis ours),

A California physician who gave medical aid to a dying Ashli Babbitt on Jan. 6, 2021, but was forced away from the scene by police has been sentenced to probation as part of a plea deal for his time at the U.S. Capitol.

Dr. Austin Brendlen Harris, 43, of Granada Hills, California, was sentenced on Feb. 2 by U.S. District Judge Reggie Walton to three years of probation and fined $5,000 for the petty misdemeanor charge of parading, demonstrating, or picketing in a Capitol building.

Federal prosecutors recommended that Judge Walton sentence Dr. Harris to 30 days in jail.

While Dr. Harris acknowledged his presence inside the Capitol broke the law, he said it at least gave him the opportunity to help a mortally wounded Ms. Babbitt, 35, an Air Force veteran from San Diego who was shot outside the Speaker’s Lobby at 2:44 p.m. on Jan. 6.

“He was not involved in that area or situation before he heard the shot, but when he saw her fall he did not hesitate,” defense attorney Scott Weinberg wrote in a four-page sentencing memorandum. “He ran toward her without thinking. As a physician who has worked in many significant trauma situations, this was second nature to him.

He wanted to help to try to save her life,” Mr. Weinberg wrote. “Unfortunately just as her pulse faded and he was about to start CPR, he was prevented from acting further as law enforcement had to control the crowd and move protesters away from the situation, understandably so.”

The sentencing memo understated the role a Capitol Police bicycle officer played in preventing Dr. Harris from giving Ms. Babbitt further medical aid.

Dr. Harris was on his knees checking Ms. Babbitt’s upper chest wound when the officer reached down and grabbed him by the shoulders. The officer wrestled Dr. Harris away from Ms. Babbitt, grabbed him by the jacket, and shoved him down the hallway.

The visibly angry officer kept pushing Dr. Harris and the two struggled down the hallway. It’s impossible to hear what was said between the men because the crowd was yelling at the police.

Dr. Harris went back and asked the officer to retrieve his medical bag, which was still sitting next to Ms. Babbitt. The officer handed it back to him.

“If Dr. Harris had not been in one specific location within the building, he would not have had the opportunity to render aid to Ms. Ashli Babbitt after she was shot,” Mr. Weinberg wrote.

Tried to Prevent Rioting

Ms. Babbitt, who owned a pool cleaning business with her husband, traveled alone to Washington on Jan. 5 and attended President Donald J. Trump’s speech at the Ellipse on Jan. 6.

She walked to the Capitol along with tens of thousands of other protesters and entered the building through a window at 2:23 p.m., according to a detailed Epoch Times timeline first published on Jan. 5.

While DOJ investigative documents and persistent commentators on social media describe Ms. Babbitt as a rioter, a careful examination of scene video shows she tried to prevent the vandalism and violence that occurred near the Speaker’s Lobby.

In its sentencing memo seeking jail time for Dr. Harris, federal prosecutors cited his “encouragement to other rioters to participate in the attack” and that he compared “police officers defending the Capitol to Nazis.”

Prosecutors acknowledged that Dr. Harris accepted responsibility for running afoul of the law.

Dr. Austin Harris provides medical aid to a wounded Ashli Babbitt at the U.S. Capitol on Jan. 6, 2021. (JaydenX/Screenshot via The Epoch Times)

“The government has also considered the fact that Harris made clear his intention to accept responsibility for his actions at the time of his arrest and did so at the earliest opportunity,” prosecutors wrote.

The sentencing of Dr. Harris is the latest development in the death of Ms. Babbitt, who was shot and killed by Capitol Police Lt. Michael L. Byrd.

On Jan. 5, Judicial Watch Inc. filed a $30 million wrongful-death lawsuit on behalf of Ms. Babbitt’s husband, Aaron, and her estate. The federal suit was filed in U.S. District Court in San Diego, where the Babbitts lived and where Mr. Babbitt continues to reside.

The lawsuit alleges Mr. Byrd was negligent in use of his service weapon, lacked proper judgment, and had poor scene awareness when he fired a single shot as Ms. Babbitt climbed into a broken window leading into the Speaker’s Lobby. The suit called the shooting an “ambush murder.

On Feb. 2, Judicial Watch announced a lawsuit against the DOJ, claiming the FBI is wrongfully withholding records related to Ms. Babbitt and Aaron Babbitt.

That federal suit, also filed in San Diego, says the FBI rejected Freedom of Information Act (FOIA) requests and never provided records even after an appeal was filed with the DOJ. The lawsuit asks a judge to compel the FBI to release the records.

https://www.zerohedge.com/political/doctor-who-helped-wounded-ashli-babbitt-jan-6-sentenced-probation