Last Updated Apr 15, 2010 11:35 AM EDT
My BNET colleague Jim Edwards explains the situation here. In brief, drug companies often choose to settle even meritless lawsuits rather than spend millions of dollars gathering documents for the plaintiffs' lawyers in the discovery phase. The WLF is sick of it and has filed an amicus brief in a current shareholder suit against Amgen (AMGN). In the case, shareholders are claiming Amgen misled the market about the safety of anemia drugs Epogen and Aranesp, which were slapped with safety-related label restrictions that caused Amgen's stock to plummet. WLF says there is no evidence the market was misled, since the safety issues regarding Amgen's drugs were widely known and discussed.
Edwards worries that the WLF's recommendation would "essentially strip investors of their few remaining rights to hold drug companies accountable for hiding damaging information about their products." He said it could let companies off the hook for concealing drug problem as long as someone, somewhere had raised the issue.
On the flip side, shareholder lawsuits in the industry I'm most familiar with, biotech, have gotten completely out of hand. Here are just a few of the situations that seem to automatically trigger a shareholder lawsuit:
- A drug fails. This recently happened to Medivation (MDVN) when Alzheimer's drug Dimebon failed a Phase III trial. Just about every time a biotech drug fails, the class-action lawsuits pop up claiming the company made false and misleading statements. This is biotech, folks. It's high-risk, high-reward. The hit rate is one in 10 on a good day. If you can't take the heat, get out of the kitchen.
- A biotech agrees to be acquired. This just happened to Facet Biotech (FACT). The company fought off a $438 million hostile takeover attempt by Biogen Idec (BIIB) and landed a $722 million deal with Abbott (ABT). Nobody expected that kind of premium. Were investors pleased? Nope, they sued.
- A biotech refuses to be acquired. Oh by the way, some of Facet's shareholders sued when the company turned down Biogen's original low-ball offer, too.
- Someone makes an unsubstantiated negative claim about a company. This happened to AMAG Pharmaceuticals (AMAG). Their launch of iron replacement drug Feraheme (ferumoxytol) has been beating expectations, but an analyst report about adverse event concerns sent the stock into a tailspin. The company tried to explain that the adverse events have been well within the expected range, but there's already a lawsuit.
Penalty flag photo by Flickr user compujeramey, CC 2.0.