Hogan Lovells 2024 Election Impact and Congressional Outlook Report
Katyal, Co-Head of the firm’s Appellate practice group, and Wellington, a partner in the Boston office and member of the firm’s Appellate practice, were recognized as runners up to Litigation Daily’s Litigator of the Week for their representation of client Brisol Myers Squibb in a drug labeling dispute dating back to 2014.
BMS and Sanofi manufactured the antiplatelet drug Plavix under a joint agreement since 1997. In 2014, Hawaii regulators accused the companies of violating the state’s Unfair or Deceptive Acts and Practices law over the labeling and efficacy of the drug.
The state previously won a bench trial, but the award was vacated after Katyal and Wellington argued that the trial court had improperly sided with the state on the issue of whether the label was material to consumers, leading to an improper calculation of damages.
More on the decision is here.