Bionpharma Fails to Get Rival’s GC Disqualified in Supply Spat

Generic drug distributor P&L Development LLC’s general counsel and an outside firm may continue to represent P&L in its breach-of-contract and fraud suit against Bionpharma Inc., a federal court in North Carolina ruled.

At first glance, Bionpharma (Bion) appeared to have a good argument for disqualifying Charles Cain, the U.S. District Court for the Middle District of North Carolina said.

That’s because P&L, where Cain works, is suing Bion for breach of supply agreements that Cain approved when he was general counsel at a defunct predecessor of Bion’s.

But any confidential information about the predecessor’s capabilities that Cain acquired during ...