Votes & Verdicts

Prescription drug negotiation provisions under the Inflation Reduction Act will lower prices on high-cost drugs for the Medicare population, but will it lead to higher or lower expenses on the commercial market? Time will tell, according to Jeff Levin-Scherz, assistant professor at the Harvard T.H. Chan School of Public Health, and Population Health Leader in the Health Management Practice at WTW. Levin-Scherz joins Bloomberg Intelligence Analyst Duane Wright on this episode of the Votes and Verdicts podcast to discuss the potential spillover effects of Medicare drug prices for employers. He also shares his views on other policies that can be implemented to drive down drug prices. 

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Much has been said about companies facing the so-called nuclear verdict in personal injury cases. In this Votes and Verdicts podcast episode, Joseph Fantini, attorney and mass tort expert joins Bloomberg Intelligence litigation analyst Holly Froum to discuss some of the major mass torts facing consumer and industrial companies including Johnson & Johnson Consumer’s Tylenol-autism lawsuits, weedkiller-cancer claims against Bayer’s Monsanto and Zantac cases against GSK and other manufacturers. They review potential catalysts on the horizon, strength of cases, as well as costs and the likelihood of potential global settlements.

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A ruling by Oct. 1 in litigation challenging Medicare drug-negotiation provisions under the Inflation Reduction Act, an Oct. 3 Supreme Court argument on the CFPB’s constitutionality and the Department of Justice’s case against the JetBlue-Spirit M&A on Oct. 16 are key catalysts to watch next month. This Bloomberg Intelligence litigation and policy outlook episode of the Votes and Verdicts podcast, hosted by financials litigation analyst Elliott Stein, gathered the team to discuss these and other catalysts. Bayer faces a bellwether trial starting Oct. 5 concerning claims that Monsanto’s Roundup weedkiller causes cancer. In tech, Meta has an Oct. 17 hearing concerning its use of teens’ data. In health care, Bausch Health has an Oct. 6 hearing to stop Norwich’s bid for final FDA approval of its Xifaxan copy and a trial starts Oct. 23 in Exelixis’ bid to keep Cabometyx generics off the market. In financials, Virtu likely responds to the SEC’s Sept. 12 lawsuit, and we’re also watching the agency’s next moves on a spot bitcoin ETF. Other topics reviewed included marijuana-banking legislation, regional bank long-term debt requirements and the potential government shutdown.

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In this follow-up to a March Votes and Verdicts episode about the biggest technology-regulation questions, Bloomberg Intelligene analysts Tamlin Bason and Matt Schettenhelm tackle the issue of artificial intelligence regulation in the US and EU. BI analyst Mandeep Singh joins the podcast to outline the key business models and opportunities tied to AI, as Bason and Schettenhelm walk through how regulation is taking shape and when it’s expected to arrive. They also discuss one of the first major litigation risks for the technology: copyright suits focused on the data that AI models use for training.

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The Federal Trade Commission’s approach to merger enforcement in the pharmaceutical and biotech industry has become increasingly aggressive. In this episode of the Votes and Verdicts podcast, Goodwin Procter’s Arman Oruc, co-chair of the company’s antitrust and competition practice, and Bloomberg Intelligence biotech analyst Marc Engelsgjerd join host and BI antitrust litigation analyst Jennifer Rie for a deeper and narrower dive of the FTC’s assessment of dealmaking and the impact on the biopharma sector.

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Medicare is prohibited from covering weight loss medications, but recent data showing potential positive health effects could increase pressure on US policymakers to change the law. The cost of removing the prohibition and the potential savings in overall health spending will be important information for Congress to consider before passing any legislation, according to Bill Hoagland, senior vice president of the Bipartisan Policy Center. Hoagland joins Bloomberg Intelligence analysts Duane Wright and Michael Shah on this episode of the Votes and Verdicts podcast to discuss how legislative revenue and spending projections are developed, why they’re important and how it could influence whether Medicare will begin covering weight-loss drugs.

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A DOJ antitrust trial v. Google, next steps in the government’s drug-negotiation process under the Inflation Reduction Act and 3M’s PFAS and earplug litigation settlements are key September catalysts to watch. This Bloomberg Intelligence litigation and policy outlook episode, hosted by analyst Elliott Stein, gathered the team to discuss these and other catalysts. In tech, an appeals court decision is expected concerning whether New York can set its own broadband rates. In health care, the FTC has a trial date challenging Amgen-Horizon M&A if it doesn’t settle first. In financials, a key appeals court argument will be held in litigation over the Fannie Mae and Freddie Mac profit sweep. We also reviewed the impact of the SEC’s private-fund rule and President Biden’s executive order to curb investments in certain Chinese industries.

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Though the 2024 US elections are still over a year away, forthcoming GOP debates will provide insight on what the elections could mean for markets and policies. In this Votes and Verdicts podcast episode, James Maloney, founding member and Managing Partner of Tiger Hill Partners, a DC-based government-relations company, joins Bloomberg Intelligence Senior Policy Analyst Nathan Dean for a discussion on whether former President Donald Trump will win the nomination, how other candidates could defeat him and what it might mean for investors’ portfolios.

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DOJ’s antitrust case v. Google, new bank-capital and internet-ad rules and a 3M earplug trial appeal are key 2H catalysts to watch. This Bloomberg Intelligence litigation and policy outlook episode, hosted by financials litigation analyst Elliott Stein, gathered the team to discuss these and other catalysts. In tech, the Microsoft-Activision M&A will probably close, despite a possible pending FTC appeal, and SCOTUS likely takes a case that shapes internet regulation. In financials, UBS may be fined over RMBS and Credit Suisse’s Archegos failings. In crypto, Coinbase’s defense will be helped by the SEC v. Ripple ruling, and we expect a decision in Grayscale v. SEC.
In health care, DOJ v. Teva goes to trial, as does Exelixis v. MSN. CMS releases Part D drugs subject to negotiation and a drug-pricing demo is possible.

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The prescription drug negotiation provisions in the Inflation Reduction Act grant the Medicare agency significant regulatory authority to lower prices for high-expenditure drugs, but there’s a high degree of uncertainty as to how the law will impact generic and biosimilar competition, according to Craig Burton, senior vice president of the Association for Accessible Medicines. Burton joins Bloomberg Intelligence analysts Duane Wright and Letitia Walker on this episode of the Votes and Verdicts podcast to discuss the potential impact of drug-pricing negotiation provisions and the Part D redesign on research and marketing strategies for the generic and biosimilar industry. Burton also shares his views on drug shortages and key pillars for industry. 

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