- within Strategy, Media, Telecoms, IT and Entertainment topic(s)
ISSUES AND UPDATES
Trade Secret Litigation Trends in Life Sciences
Trade secret litigation has risen sharply in recent years, driven by increased employee mobility, complex collaboration agreements, and heightened competition in the health care and life sciences industries. A deep understanding of trade secret law can help sophisticated companies manage risk and safeguard valuable assets. Further, trade secret litigation presents health care and life sciences companies with opportunities in the form of significant remedies available to aggrieved parties, including substantial monetary damages and patent reassignment. Jones Day has significant experience handling complex trade secret matters, in particular in the health care and life sciences space, and can offer practical guidance for clients seeking to protect their valuable proprietary information.
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Rising Scrutiny of Employer Health Plan Administration: ERISA Fiduciary Litigation, Federal Transparency Initiatives, State Enforcement, and Compliance Considerations
As federal and state governments continue to prioritize drug pricing reform, employers across the nation face a rapidly evolving landscape of legal and regulatory scrutiny regarding the management of their health plans. A convergence of class action ERISA litigation, inquiries from a coalition of fourteen states, and increased federal emphasis on health care price transparency has created new compliance challenges and potential areas of risk for plan fiduciaries. Ongoing developments shed light on the implications for employers and compliance considerations for their health plans as related to health care and prescription drug management.
The Proposed European Biotech Act, 100 Days On
On December 16, 2025, the European Commission published a proposal for a European Biotech Act, a central pillar of the Commission's broader strategy to boost EU biotechnology competitiveness. Nearly 100 days later, the EU's data protection authorities adopted a joint opinion on the mentioned proposal and the FAST-EU pilot program for accelerated clinical trial authorizations was also launched, bringing the proposal's practical implications into sharper focus. The proposed Biotech Act aims to create an enabling environment for health biotechnology by reducing clinical trial approval timelines, harmonizing data protection rules for multinational trials, introducing regulatory sandboxes for innovative trial approaches, and establishing a strategic projects framework to strengthen the EU's biomanufacturing capacity. The proposed Biotech Act continues to progress through the EU legislative process and is anticipated to significantly impact clinical trial sponsors and the life sciences sector at large.
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EXECUTIVE ORDERS AND POLICY UPDATES
In the end of 2025 and the first quarter of 2026, the Trump administration and federal agencies have released a number of executive orders and other regulatory actions with potential impact for the life sciences industry. Some notable policy activities cover drug pricing and artificial intelligence strategy, while other actions remain the subject of ongoing litigation.
RELEVANT RESOURCES
2025 Securities Litigation Year in Review
EU Geopolitical Risk Update - Key Policy & Regulatory Developments No. 125
Vital Signs: Digital Health Law Update | Winter 2026
NEWSWORTHY
Riverside acquires Western Botanicals
Bristol Myers Squibb acquires Orbital Therapeutics
Anteris Technologies completes $230 million public offering of Common Stock
PRP Diagnostic Imaging (PRP) acquires GXU Radiology Specialists
BioMarin acquires Amicus Therapeutics for $4.8 billion
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