Life Sciences, Pharmaceuticals and Medical Devices JAMS Life Sciences Mediation, Arbitration and ADR Services

Resolving High-Stakes, High-Tech Disputes

Life Sciences Mediation, Arbitration and ADR Services

JAMS neutrals understand the nuances and complexities of the life sciences industry, from the collaborative relationships, global supply chains and licensing deals to the R&D process and resulting intellectual property. The industry’s attributes create an environment where disputes can be expensive and highly disruptive. Because they are sensitive to the commercial and regulatory pressures in the life sciences field, JAMS neutrals are adept at working with global parties to craft practical and commercially advantageous solutions to disputes at any stage. We also offer innovative virtual mediation and arbitration services that keep cases moving regardless of extenuating circumstances.

Alternative dispute resolution (ADR) offers a cost-effective, efficient and confidential route to preserving value and managing time, allowing life sciences companies of all types to focus on their core objectives without value-destructive distractions and the potential negative publicity of litigation.

JAMS is a leader in life sciences ADR

JAMS is the world’s largest private in-person and online ADR provider. We excel at resolving disputes involving a variety of constituencies, including drug manufacturers, biotech companies, medical device makers, chemical companies, research, diagnostic and manufacturing organizations, hospitals and others. Our panel includes former litigators and retired federal, state and appellate judges who have significant experience and credibility in the life sciences arena.

JAMS neutrals act as arbitrators, mediators, special masters (federal and state), claims administrators and neutral evaluators. They bring to each dispute valuable scientific knowledge and deep experience with the specific relationships and agreements upon which life sciences relies.

In addition to our accomplished panel, JAMS offers efficient case management as well as in-person and videoconferencing options.

Representative ADR matters in life sciences

We are called upon by innovative life sciences organizations, from startups to small labs to global pharmaceutical companies, to resolve disputes involving the following matters:

Intellectual property

• Patent validity, scope, ownership, valuation and infringement
• Licensing/sublicensing rights and royalty rates
• Inventorship, patent and commercialization rights and responsibilities
• Theft of trade secrets
• Nondisclosure agreements
• Misuse of confidential information
• Assigning confidential status to documents

R&D agreements

• Wrongful termination of development agreement
• Failure to use “commercially reasonable” efforts

Clinical trials

• Clinical trial compliance
• Premature termination of clinical trial
• Reimbursement for drug study costs
• Hatch-Waxman cases between branded drug patent owners and generic competitors

Contracts

• Breach of contract
• Business disruption
• Termination of long-term supply agreement
• Distribution and sales agency rights and obligations
• Supply chain performance
• Biological materials storage agreements
• Failure to achieve sales and revenue targets

Funding and securities

• Valuation of private company shares 
• SEC violations, including fraud class actions
• Allocation of settlement funds

Other torts

• Mass torts and wrongful death
• Product liability and personal injury
• False advertising and trade defamation