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Venaglia & Fitzsimmons, LLP is a multi-disciplinary firm that offers legal services to public companies, privately held companies, not-for-profit corporations and individuals. These clients represent a variety of industries, including pharmaceuticals, hospitality, technology, media, financial services, publishing and more.

Pharmaceutical Company Liability for Statements of Opinion About Pending FDA Approval: The Second Circuit Clarifies

For a pharmaceutical company, obtaining approval from the U.S. Food and Drug Administration (“FDA”) for a new drug product is critical to the company’s success, and accordingly, of intense interest to the investing community.  In certain circumstances, the company risks exposing itself to substantial liability under federal securities laws when publicly stating optimistic opinions about … Read more

United States Supreme Court Holds That A Defendant’s Unaccepted Offer Of Full Settlement To Named Plaintiff In A Class Action Does Not Require Dismissal Of The Action As Moot

Can a defendant in a putative class action obtain dismissal of that action as moot by making an “offer of judgment” under federal rules that, if accepted, would fully satisfy the claim of the individual named plaintiff? It is an issue with implications in a broad set of contexts, from employment and consumer litigations to … Read more