Janelle Fernandes

Cooley secured a key appellate win on behalf of Talphera (formerly known as AcelRx Pharmaceuticals), a Silicon Valley-based specialty pharmaceutical company focused on the development and commercialization of innovative therapies for use in the medically supervised setting, in affirming the 2024 dismissal of a securities class action brought by investors, who alleged that the company committed securities fraud in the run-up to a February 2021 US Food and Drug Administration (FDA) warning letter concerning some marketing materials for its pain drug Dsuvia. 

The case is Sneed v. Talphera, Inc. before the US Court of Appeals for the Ninth Circuit (Case No. 24-3560).

The appeal was argued by Cooley special counsel Patrick Hayden. The Talphera securities litigation team was led by Cooley partners Tijana Brien, Patrick Gibbs and Shannon Eagan, with associates Janelle Fernandes, Allison O’Neill and Greg Merchant.

Cooley secured the complete dismissal of a securities class action regarding Revance’s statements about US Food and Drug Administration approval prospects. The court dismissed all claims with prejudice.

Cooley secured a key win on behalf of Talphera (formerly known as AcelRx Pharmaceuticals), a Silicon Valley-based specialty pharmaceutical company focused on the development and commercialization of innovative therapies, in a securities class action lawsuit brought by investors.

Cooley partnered with the Northern California Innocence Project to secure the release of Kevin Harper Jr., who was wrongfully convicted for the death of his infant son in 2008. Harper’s wrongful conviction, which resulted in a sentence of 25 years to life, was based on medical evidence that has since been widely discredited. A recent change in California’s AB 1540 law paved the way for the Sacramento District Attorney’s Office to re-review Kevin’s case. This allowed for a petition to resentence and release Harper, ending his 13-year incarceration in late January.

Cooley successfully defended Fastly, its CEO and former CFO in a securities class action alleging that Fastly mislead investors by making positive statements about its demand and large customers, while not disclosing TikTok was a major customer, and was facing heightened regulatory scrutiny by the US government. Our motion to dismiss was granted.