News 35 - College of Law

Sherkow speaks at workshop in Tasmania

Professor Jacob Sherkow was invited to speak at the “Regulation of Innovative Health Technologies Workshop,” which took place at the leading Centre for Law and Genetics, University of Tasmania, from November 23-25, 2023. As part of the workshop, Sherkow was the organizer of a session examining patents as regulators of innovative health technologies. The international workshop was attended by leading global health regulation and intellectual property rights scholars to discuss issues at the cutting edge of how we develop, regulate and deliver access to innovative health technologies.

Approval of CRISPR therapy may soon lead to lawsuits according to Sherkow

Researchers work on lab projects with a syringe and vial.

“I would be surprised, bluntly, if [a lawsuit] does not get filed by the end of this year,” Professor Jacob Sherkow told Politico about the patent battle over CRISPR technology. When the FDA issued approval for the therapy in sickle cell cases, it granted approval to companies that do not hold licenses for CRISPR. As Sherkow explained, the Broad Institute holds the U.S. patent on editing human cells with CRISPR and can sue companies that don’t have licenses for their patents for infringement as soon as a new product comes on the market, which is certain to happen following FDA approval.

Brubaker tells Bloomberg decision in Purdue Pharma case may have wide implications

In the pending U.S. Supreme Court case regarding Purdue Pharma’s litigation shield for the Sackler family, the decision of the Court could impact widely used non-debtor releases in Chapter 11 bankruptcy cases. Professor Ralph Brubaker suggested to Bloomberg Law the ruling might affect cases involving mass torts, including cases involving the Catholic diocese, Boy Scouts, Rite Aid, and Highland Capital. The decision’s implications may also extend to asbestos-related bankruptcies and the use of non-consensual third-party releases under Section 524(g) of the bankruptcy code.

Second Circuit cites Brubaker in recent decision

Ruling in the case Nine West LBO Securities Litigation, the United States Court of Appeals for the Second Circuit cited Professor Ralph Brubaker’s work on safe harbor rules in the Tax Equity and Fiscal Responsibility Act of 1982. The case revolved around the leveraged buyout of an apparel and footwear company, including brands such as Nine West and Anne Klein, and the later bankruptcy filing of the company’s successor. The Second Circuit determined, based on Brubaker’s scholarship, that payroll transfers made by the company that filed for bankruptcy were not covered under the safe harbor rules and vacated the lower court’s decision regarding those claims.

Read the full opinion.

The Civilian features Robbennolt and Winship article on settlement

People generally grasp the basic concept of settlement, recognizing it as an agreement between parties to resolve a dispute without the need for a trial, but some confusion exists regarding the settlement process. Professors Jennifer Robbennolt and Verity Winship, along with Jessica Bregant ’09, have made examining settlements one of the hallmarks of their scholarship, and their work was highlighted in The Civilian, an online journal out of Stanford that makes research accessible to lay audiences. The Robbennolt-Winship study surveyed more than 1,000 individuals to learn more about people’s perceptions of fault and responsibility in settled cases, revealing that about half of the respondents believe settlement implies some admission of responsibility, emphasizing the impact of public perception on individuals’ confidence in the legal system.

Read the full article at The Civilian.

MIT Technology Review quotes Sherkow on CRISPR sickle cell treatment

Student researchers work in the The integrated Bioprocessing Research Laboratory (IBRL) facilities.

Approval for Vertex Pharmaceutical’s sickle cell treatment using CRISPR technology has brought use of the gene-editing therapy to a “collision point,” according to Professor Jacob Sherkow. Speaking to the MIT Technology Review, Sherkow explained how the patent on editing human cells using CRISPR is owned by the Broad Institute of MIT and Harvard, not Vertex, which will almost certainly result in a lawsuit. With a potential market in the tens of billions, Sherkow believes a lawsuit is inevitable.

Ghiotto shares his story with Young Lawyers Podcast

From law student to the battlefields of Afghanistan and back to the classroom, this time as a professor, Anthony Ghiotto has blazed a unique path to the College of Law. On the American Bar Association’s Young Lawyer Rising podcast, he shared his story of joining the Judge Advocate General’s corps after graduating and the wealth of experience he earned as part of the military. Hear more about how his struggles and triumphs helped him get to Illinois, where he serves as teaching assistant professor and director of the Kimball R. and Karen Gatsis Anderson Center for Advocacy and Professionalism and trial advocacy.

Access the podcast via the ABA website.

Multiple outlets quote Brubaker on Purdue Pharma Supreme Court case

The bankruptcy deal for Purdue Pharma, in which the Sackler family would pay $6 billion and be shielded from further lawsuits, is a highly charged issue which led to fiery arguments before the Supreme Court. Professor Ralph Brubaker, who has submitted an amicus brief against Purdue Pharma in the case, spoke with several news outlets recently on the particulars of the case. “You can’t just impose settlements on people without their consent by virtue of the vote of other claimants,” he told the BBC. Read more in the articles linked below.

BBC: Supreme Court considers $6bn deal that shields Sacklers.
UPI: Supreme Court justices appear torn on Purdue Pharma bankruptcy deal.
Harvard Law School Bankruptcy Roundtable and Reorg Podcast: Purdue Pharma Supreme Court Decision.

Thomas wins CAAM Ready, Set, Pitch contest

Professor Suja Thomas’s documentary worked received another boost this fall when she was announced as the winner of the annual Ready, Set, Pitch! contest. Put on by the Center for Asian American Media, the contest showcased diverse Asian American storytelling from emerging documentary filmmakers from the Midwest and South. Thomas’s as-yet-untitled documentary on the U.S. court system and the importance of democracy was awarded $10,000 in support from the John D. and Catherine T. MacArthur Foundation, which will help her complete her project. This honor follows a year-long CAAM Fellowship for Thomas, which paired her and other fellows with established professionals in the field.

Sherkow co-authors new article on telehealth

Professor Jacob Sherkow is a co-author on a new paper published by the National Academy of Medicine examining the rise of telehealth and the digital transformation of healthcare. The discussion paper is part of a new NAM Perspectives series explores emerging science and technology applications in order to better understand, anticipate, and develop governance for future development, with special attention to their potential societal, ethical, legal, and health-related impacts. Sherkow’s article examines the roles of state, federal, and regional regulations, as well as governance challenges in an increasingly online and interconnected living environment.

Read the full paper from the National Academy of Medicine.