Latest news with #DOMA
Boston Globe
27-03-2025
- Politics
- Boston Globe
Michael Boudin, ‘an appellate judge's judge,' who wrote key DOMA ruling, dies at 85
Yet he and the other two judges did just that when they ruled that the law's denial of federal benefits to legally married same-sex couples was unconstitutional. Many legal observers — from conservatives and liberals to activists who supported or opposed LGBTQ rights — saw that DOMA ruling as a significant signpost along the road toward the Get Starting Point A guide through the most important stories of the morning, delivered Monday through Friday. Enter Email Sign Up Advertisement 'He was extraordinarily brilliant and history will count him as one of the most significant judges of his era,' said Respected in the federal judiciary and beyond, Mr. Boudin 'was an appellate judge's judge,' said Mr. Boudin 'was a sound, intelligent, and thoughtful judge,' said They had been friends since college, when Mr. Boudin was president of the Harvard Law Review and Breyer served under him as articles editor. Even in that realm, Mr. Boudin's intellect and expansive reading habits were notable, Breyer recalled. Advertisement 'I tend to think he read every great book written in English,' Breyer said. Before becoming a federal judge, Mr. Boudin served in the Reagan administration as a deputy assistant US attorney general in the Justice Department's antitrust division. President George H.W. Bush nominated him in 1990 to serve as a US District Court judge in the District of Columbia. Mr. Boudin was never entirely comfortable in that job, and Mr. Boudin announced plans to leave that judicial appointment and move to Cambridge, and then Though he returned to Boston after serving in one Republican president's administration and being nominated by another to two judgeships, Mr. Boudin's family background was distant from GOP politics. 'He was for me a perfect parent — wise and devoted and considerate and charming — and I told him so,' Mr. Boudin said at a memorial service after Leonard died in 1989. Mr. Boudin's only sibling, his younger sister, Kathy Boudin, was part of the militant Weather Underground. She served 22 years in prison for her role as an unarmed decoy in the 1981 robbery of a Brink's armored truck, during which other robbers shot and killed two police officers and a security guard. Advertisement The narrative of a conservative attorney-turned-judge from a liberal family proved irresistible to many reporters who wrote about Mr. Boudin over the years. But his friends said he was careful to rarely grant interviews and to never let his own political beliefs become part of the public conversation. 'This was a judge's judge, a really powerful mind, always looking for the right answer,' said 'You wouldn't be able to characterize him as conservative or liberal,' Levi said. 'He didn't fit into any of these labels because he such a seeker of the truth.' Mr. Boudin's 'decisions were always guided by the law and constitutional requirements, and not at all by political points of view,' Lynch said. Born in Manhattan, N.Y., on Nov. 29, 1939, Michael Boudin was the only son of Leonard Boudin and Mr. Boudin received a bachelor's degree from Harvard College in 1961 and graduated from Harvard Law School in 1964. He clerked for Friendly was an especially important mentor, whose lessons Mr. Boudin revisited in 'Judge Henry Friendly and the Craft of Judging,' a 2010 University of Pennsylvania Law Review essay. Advertisement For example, Mr. Boudin wrote, Friendly knew 'that an appeal might well have a life after the judgment was handed down.' Many judges assign clerks to write early drafts of decisions, or parts of them. Like Friendly, Mr. Boudin was known for writing his own first drafts and opinions. He wrote in the essay that in complex cases, 'the choices spread out like a maze of tracks in a great railroad terminal. As the forks appear, the seasoned judge who is close to the case is more likely than the clerk to understand the realistic options and select the best route to an outcome.' 'There were times you almost felt superfluous because he was so good,' said David Friedman, who clerked for Mr. Boudin and is now 'In terms of the law,' Friedman said, 'it felt like he already knew all there was to know.' Away from the bench, Mr. Boudin was known for his competitive approach to even a casual game of tennis and for his love of his cats. The last three were Julia, Chloe, and Nougat. Over the years, he would bring his cats into his judge's chambers. Once during a meal with colleagues, the swirl of topics turned to the projected end of the universe, when all life would vanish. 'The problem,' Mr. Boudin deadpanned with sincerity, 'is that then there would be no cats.' A memorial gathering will be planned for Mr. Boudin. In addition to his wife, and her three daughters from before they married, he leaves a nephew, Advertisement 'What a profoundly impactful and brilliant and respected jurist he was,' Chesa said. To his friends among other jurists, Mr. Boudin's devotion to the law seemed matched by his unending desire to keep learning by reading book after book. 'One passion was as an appellate judge, but the other was trying to understand this complex world in which we find ourselves, the human condition, how we make sense of it all,' Marshall said. 'He had a broad inquiring mind. That, to me, was Michael.' Bryan Marquard can be reached at
Yahoo
14-03-2025
- Business
- Yahoo
Pacira BioSciences Confirms Receipt of Director Nominations from DOMA Perpetual
-- No Shareholder Action Required at This Time -- PARSIPPANY, N.J., March 14, 2025 (GLOBE NEWSWIRE) -- Pacira BioSciences, Inc. (Nasdaq: PCRX), the industry leader in its commitment to deliver innovative, non-opioid pain therapies to transform the lives of patients, today confirmed that DOMA Perpetual Capital Management LLC ('DOMA') has nominated three candidates to stand for election to the Pacira Board of Directors (the 'Board') at the Company's 2025 Annual Meeting of Stockholders. Pacira issued the following statement in response to DOMA's director nominations: 'Pacira's Board and management team are taking decisive action to enhance shareholder value. We recently completed a comprehensive portfolio review and defined our 5x30 plan as the best plan to deliver shareholder value. The Nominating, Governance and Sustainability Committee of the Pacira Board will evaluate and consider DOMA's proposed candidates, as it does with all director candidates.' The Board will present its formal recommendation regarding director nominees in the Company's definitive proxy statement and other materials, to be filed with the Securities and Exchange Commission and mailed to all shareholders eligible to vote at the 2025 Annual Meeting of Stockholders. The date of the Annual Meeting has not yet been announced and shareholders are not required to take any action at this time. Evercore is serving as financial advisor and Wachtell, Lipton, Rosen & Katz is serving as legal advisor to the Company. About Pacira Pacira delivers innovative, non-opioid pain therapies to transform the lives of patients. Pacira has three commercial-stage non-opioid treatments: EXPAREL® (bupivacaine liposome injectable suspension), a long-acting local analgesic currently approved for infiltration, fascial plane block, and as an interscalene brachial plexus nerve block for postsurgical pain management; ZILRETTA® (triamcinolone acetonide extended-release injectable suspension), an extended-release, intra-articular injection indicated for the management of osteoarthritis knee pain; and iovera®°, a novel, handheld device for delivering immediate, long-acting, drug-free pain control using precise, controlled doses of cold temperature to a targeted nerve. The company is also advancing the development of PCRX-201, a novel locally administered gene therapy with the potential to treat large prevalent diseases like osteoarthritis. To learn more about Pacira, visit Forward-Looking Statements Any statements in this document about Pacira's future expectations, plans, trends, outlook, projections and prospects, and other statements containing the words 'believes,' 'anticipates,' 'plans,' 'estimates,' 'expects,' 'intends,' 'may,' 'will,' 'would,' 'could,' 'can' and similar expressions, constitute forward-looking statements within the meaning of Section 21E of the Securities Exchange Act of 1934, as amended (the 'Exchange Act'), and the Private Securities Litigation Reform Act of 1995, including, without limitation, statements related to: the 2025 Annual Meeting, '5x30', Pacira's growth and business strategy; Pacira's future outlook, Pacira's intellectual property and patent terms, Pacira's growth and future operating results and trends, Pacira's strategy, plans, objectives, expectations (financial or otherwise) and intentions, future financial results and growth potential, including Pacira's plans with respect to the repayment of Pacira's indebtedness, anticipated product portfolio, development programs, development of products, strategic alliances and other statements that are not historical facts. For this purpose, any statement that is not a statement of historical fact should be considered a forward-looking statement. Pacira cannot assure you that its estimates, assumptions and expectations will prove to have been correct. Actual results may differ materially from those indicated by such forward-looking statements as a result of various important factors, including risks relating to, among others: the failure to realize the anticipated benefits and synergies from the acquisition of GQ Bio; risks associated with acquisitions, such as the risk that the acquired businesses will not be integrated successfully, that such integration may be more difficult, time-consuming or costly than expected or that the expected benefits of the transaction will not occur; Pacira's manufacturing and supply chain, global and U.S. economic conditions (including inflation and rising interest rates), and Pacira's business, including Pacira's revenues, financial condition, cash flow and results of operations; the success of Pacira's sales and manufacturing efforts in support of the commercialization of EXPAREL, ZILRETTA and iovera°; the rate and degree of market acceptance of EXPAREL, ZILRETTA and iovera°; the size and growth of the potential markets for EXPAREL, ZILRETTA and iovera° and Pacira's ability to serve those markets; Pacira's plans to expand the use of EXPAREL, ZILRETTA and iovera° to additional indications and opportunities, and the timing and success of any related clinical trials for EXPAREL, ZILRETTA and iovera°; the commercial success of EXPAREL, ZILRETTA and iovera°; the related timing and success of U.S. Food and Drug Administration supplemental New Drug Applications and premarket notification 510(k)s; the related timing and success of European Medicines Agency Marketing Authorization Applications; Pacira's plans to evaluate, develop and pursue additional product candidates utilizing Pacira's proprietary multivesicular liposome ('pMVL') drug delivery technology; the approval of the commercialization of Pacira's products in other jurisdictions; clinical trials in support of an existing or potential pMVL-based product; Pacira's commercialization and marketing capabilities; Pacira's ability to successfully complete capital projects; the outcome of any litigation; the recoverability of Pacira's deferred tax assets; assumptions associated with contingent consideration payments; assumptions used for estimated future cash flows associated with determining the fair value of the Company; the anticipated funding or benefits of Pacira's share repurchase program; and factors discussed in the 'Risk Factors' of Pacira's most recent Annual Report on Form 10-K and in other filings that it periodically makes with the SEC. In addition, the forward-looking statements included in this document represent Pacira's views as of the date of this document. Important factors could cause actual results to differ materially from those indicated or implied by forward-looking statements, and as such Pacira anticipates that subsequent events and developments will cause its views to change. Except as required by applicable law, Pacira undertakes no intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise, and readers should not rely on these forward-looking statements as representing Pacira's views as of any date subsequent to the date of this document. These forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause Pacira's actual results, levels of activity, performance or achievements to differ materially from those expressed or implied by these statements. These factors include the matters discussed and referenced in the 'Risk Factors' of Pacira's most recent Annual Report on Form 10-K and in other filings that Pacira periodically makes with the SEC. Important Additional Information Regarding Proxy Solicitation Pacira intends to file a proxy statement and BLUE proxy card with the U.S. Securities and Exchange Commission (the 'SEC') in connection with its solicitation of proxies for Pacira's 2025 annual meeting of stockholders (the '2025 Proxy Statement,' and such meeting the '2025 Annual Meeting'). BEFORE MAKING ANY VOTING DECISION, INVESTORS AND STOCKHOLDERS OF PACIRA ARE URGED TO READ ALL RELEVANT DOCUMENTS FILED WITH OR FURNISHED TO THE SEC, INCLUDING PACIRA'S DEFINITIVE PROXY STATEMENT AND ANY AMENDMENTS AND SUPPLEMENTS THERETO, BECAUSE THEY WILL CONTAIN IMPORTANT INFORMATION. These documents, including the definitive 2025 Proxy Statement (and any amendments or supplements thereto) and other documents filed by Pacira with the SEC, are, or will be when filed, available for no charge on the SEC's website at and on Pacira's investor relations website at Participants in the Solicitation Pacira, its directors, director nominees, certain of its executive officers and other employees may be deemed participants in the solicitation of proxies from stockholders in respect of the 2025 Annual Meeting. Information regarding the names of Pacira's directors and executive officers and their respective interests in Pacira by security holdings or otherwise is set forth in Pacira's proxy statement for the 2024 Annual Meeting of stockholders, filed with the SEC on April 22, 2024 (the '2024 Proxy Statement'). Please refer to the sections captioned 'Director Compensation,' 'Executive Compensation,' and 'Stock Ownership Information' in the 2024 Proxy Statement. To the extent holdings of such participants in Pacira's securities have changed since the amounts described in the 2024 Proxy Statement, such changes have been reflected on Initial Statements of Beneficial Ownership of Securities on Form 3 or Statements of Changes in Beneficial Ownership of Securities on Form 4 filed with the SEC: Form 4, filed by Jonathan Slonin on June 5, 2024; Form 4, filed by Daryl Gaugler on June 5, 2024; Form 4, filed by Kristen Williams on June 5, 2024; Form 4, filed by Lauren Riker on June 5, 2024; Form 4, filed by Mark A. Kronenfeld on June 13, 2024; Form 4, filed by Laura Brege on June 13, 2024; Form 4, filed by Kristen Williams on June 13, 2024; Form 4, filed by Alethia Young on June 13, 2024; Form 4, filed by Mark Froimson on June 13, 2024; Form 4, filed by Daryl Gaugler on June 13, 2024; Form 4, filed by Abraham Ceesay on June 13, 2024; Form 4, filed by Michael J. Yang on June 13, 2024; Form 4, filed by Marcelo Bigal on June 13, 2024; Form 4, filed by Christopher Christie on June 13, 2024; Form 4, filed by Jonathan Slonin on June 13, 2024; Form 4, filed by Lauren Riker on June 13, 2024; Form 4, filed by Jonathan Slonin on July 3, 2024; Form 4, filed by Daryl Gaugler on July 3, 2024; Form 4, filed by Jonathan Slonin on August 2, 2024; Form 4, filed by Marcelo Bigal on August 12, 2024; Form 4, filed by Mark Froimson on August 12, 2024; Form 4/A, filed by Marcelo Bigal on August 13, 2024; Form 4, filed by Frank D. Lee on August 13, 2024; Form 4, filed by Michael J. Yang on August 14, 2024; Form 4, filed by Laura Brege on August 19, 2024; Form 4, filed by Marcelo Bigal on August 19, 2024; Form 4, filed by Daryl Gaugler on September 13, 2024; Form 3, filed by Shawn Cross on October 23, 2024; Form 4, filed by Shawn Cross on November 5, 2024; Form 4, filed by Daryl Gaugler on December 16, 2024; Form 4, filed by Lauren Riker on January 6, 2025; Form 4, filed by Daryl Gaugler on January 6, 2025; Form 4, filed by Jonathan Slonin on January 6, 2025; Form 4, filed by Frank D. Lee on January 6, 2025; Form 3, filed by Brendan Teehan on January 28, 2025; Form 4, filed by Lauren Riker on February 4, 2025; Form 4, filed by Brendan Teehan on February 4, 2025; Form 4, filed by Frank D. Lee on February 4, 2025; Form 4, filed by Kristen Williams on February 4, 2025; and Form 4, filed by Jonathan Slonin on February 4, 2025. Additional information can also be found in Pacira's Annual Report on Form 10-K for the year ended December 31, 2024, filed with the SEC on February 27, 2025. Details concerning potential participants in the solicitation, including Pacira's director nominees for election at the 2025 Annual Meeting, will also be included in the 2025 Proxy Statement. These documents, including the definitive 2025 Proxy Statement (and any amendments or supplements thereto) and other documents filed by Pacira with the SEC, are, or will be when filed, available for no charge on the SEC's website at and on Pacira's investor relations website at CONTACT: Investor Contact: Susan Mesco, (973) 451-4030 Media Contact: Sara Marino, (973) 370-5430
Associated Press
14-03-2025
- Business
- Associated Press
DOMA Perpetual Nominates Three Highly Qualified Candidates for the Board of Pacira BioSciences
Pacira's Stock is Down 76% Over the Last Decade, While the Board and Management Have Enriched Themselves at a Cost of Half a Billion Dollars, Roughly 50% of the Current Market Cap Under CEO and Board Member Frank Lee, the Stock Price Has Declined 33%; He is Pushing for Higher Compensation Packages for Management While Burdening Shareholders with New Risks; DOMA Believes His Views on Capital Allocation Are Misaligned With Shareholder Interest and He Has No Track Record of Creating Shareholder Value Change to the Board's Composition is Critical to Accelerate Shareholder Return and to Correct a Decade of Corporate Abuse and Lack of Stock Price Returns DOMA's Three Highly Qualified Nominees Possess Vast Experience in Strategic Capital Allocation, Risk Management, Healthcare Banking and Intellectual Property Law and Litigation MIAMI, March 14, 2025 /PRNewswire/ -- DOMA Perpetual Capital Management LLC ('DOMA Perpetual') is a fundamentals-based, value-oriented investor that, together with the other participants in its solicitation (collectively 'DOMA' or 'we'), beneficially owns approximately 4.2% of the outstanding shares of common stock of Pacira BioSciences (NASDAQ: PCRX) ('Pacira' or the 'Company').i DOMA today announced its nomination of three highly skilled director candidates to Pacira BioSciences Board of Directors (the 'Board'): Joseph Kromholz, Philip Pucciarelli and Eric de Armas. DOMA believes electing these nominees is critical to address the Board's lack of financial sophistication and legal expertise and to correct its value-destroying capital allocation strategy. These candidates possess significant, relevant experience and are prepared to ensure that shareholders' interests are fully represented on the Board. Over the last decade, Pacira's stock price is down 76%, while the S&P 500 was up 167%.ii In this time, Pacira's Board and Management have paid themselves compensation totaling nearly half a billion dollars, or roughly 50% of Pacira's current market We believe the Board and management have taken the wrong approach to strategic capital allocation which is misaligned with shareholder interest. Pacira's board members may expect to be reelected without challenge, but there should be consequences for lack of stock performance and value creation. DOMA's aim is to accelerate buybacks to enhance shareholder value, returning to shareholders the vast majority of the cash on the balance sheet and free cash flow, for as long as it is accretive. DOMA believes the Board must avoid taking any substantial risk in capital allocation until certainty in the IP battle is achieved. It is time to put Pacira's shareholders first. Director Nominees: Joseph Kromholz – Mr. Kromholz is a highly skilled attorney in all areas of intellectual property law including patent, trademark, copyright and unfair competition law and related litigation. Philip Pucciarelli – Mr. Pucciarelli is a seasoned financial professional who has spent more than 25 years in Investment Banking with a focus on M&A, strategic capital raising and corporate finance advisory for public and private Healthcare services companies. Eric de Armas – Mr. de Armas, CFO and CCO of DOMA Perpetual, has over two decades of experience in the financial industry. He possesses a deep knowledge of corporate finance, risk management and strategic capital allocation. About DOMA Perpetual Capital Management LLC: DOMA Perpetual Capital Management LLC is an asset management firm based in Miami, Florida. DOMA Perpetual strives to achieve great investment results by identifying attractive, uncorrelated companies with sustainable competitive advantages, while limiting exposure to downside risks. It employs an opportunistic, fundamentals-based strategy that invests in companies across a variety of sectors and market caps throughout the globe. Contact: CERTAIN INFORMATION CONCERNING THE PARTICIPANTS DOMA Perpetual Capital Management LLC, a Delaware limited liability company ('DOMA'), together with the other participants named herein, have filed a preliminary proxy statement and accompanying WHITE proxy card with the Securities and Exchange Commission ('SEC') to be used to solicit votes for the election of its slate of director nominees at the 2025 annual meeting of stockholders of Pacira BioSciences, Inc., a Delaware corporation (the 'Company'). DOMA STRONGLY ADVISES ALL STOCKHOLDERS OF THE COMPANY TO READ THE PROXY STATEMENT AND OTHER PROXY MATERIALS AS THEY BECOME AVAILABLE BECAUSE THEY WILL CONTAIN IMPORTANT INFORMATION. SUCH PROXY MATERIALS WILL BE AVAILABLE AT NO CHARGE ON THE SEC'S WEB SITE AT . IN ADDITION, THE PARTICIPANTS IN THIS PROXY SOLICITATION WILL PROVIDE COPIES OF THE PROXY STATEMENT WITHOUT CHARGE, WHEN AVAILABLE, UPON REQUEST. REQUESTS FOR COPIES SHOULD BE DIRECTED TO THE PARTICIPANTS' PROXY SOLICITOR. The participants in the proxy solicitation are anticipated to be DOMA, DOMA Perpetual LO Equity Master Fund LP, an exempted limited partnership organized under the laws of the Cayman Islands ('DOMA LO Master'), DOMA Perpetual Partners GP LLC, a Delaware limited liability company ('DOMA GP'), Joseph Kromholz, Philip Pucciarelli and Eric de Armas. As of the date hereof, DOMA LO Master directly beneficially owns 1,804,069 shares of Common Stock, par value $0.001 par value per share, of the Company (the 'Common Stock'). As of the date hereof, Pedro Escudero directly beneficially owns 159,000 shares of Common Stock. As of the date hereof, Mr. de Armas directly beneficially owns 1,389 shares of Common Stock. As Investment Manager of DOMA LO Master, DOMA may be deemed to beneficially own the 1,804,069 shares of Common Stock beneficially owned by DOMA LO Master. As general partner of DOMA LO Master, DOMA GP may be deemed to beneficially own the 1,804,069 shares of Common Stock beneficially owned by DOMA LO Master. As Founder and Chief Investment Officer of DOMA and Managing Member of DOMA GP, Mr. Escudero may be deemed to beneficially own the 1,804,069 shares of Common Stock beneficially owned by DOMA and DOMA GP. As of the date hereof, neither Messrs. Kromholz nor Pucciarelli beneficially own any shares of Common Stock. Disclaimer This letter has been prepared by DOMA. The views expressed herein reflect the opinions of DOMA and are based on publicly available information with respect to Pacira BioSciences, Inc. ('Pacira' or the 'Company'). DOMA recognizes that there may be confidential information in the possession of the Company that could lead it or others to disagree with DOMA's conclusions. DOMA reserves the right to change or modify any of such views or opinions at any time and for any reason and expressly disclaims any obligation to correct, update, or revise the information contained herein or to otherwise provide any additional materials. For the avoidance of doubt, this press release was not produced by any person that is affiliated with Pacira, nor was its content endorsed by Pacira. This press release is provided merely as information and is not intended to be, nor should it be construed as, an offer to sell or a solicitation of an offer to buy any security nor as a recommendation to purchase or sell any security. One or more funds managed by DOMA currently beneficially owns shares of the Company. Some of the materials in this press release contain forward-looking statements. All statements contained herein that are not clearly historical in nature or that necessarily depend on future events are forward-looking, and the words 'anticipate,' 'believe,' 'expect,' 'potential,' 'could,' 'opportunity,' 'estimate,' 'plan,' 'once again,' 'achieve,' and similar expressions are generally intended to identify forward-looking statements. The projected results and statements contained herein that are not historical facts are based on DOMA's current expectations, speak only as of the date of these materials and involve risks, uncertainties and other factors that may cause actual results, performances or achievements to be materially different from any future results, performances or achievements expressed or implied by such projected results and statements. Assumptions relating to the foregoing involve judgments with respect to, among other things, future economic competitive and market conditions and future business decisions, all of which are difficult or impossible to predict accurately and many of which are beyond the control of DOMA.
