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
• Hatch-Waxman cases between branded drug patent owners and generic competitors
• Patent licensing deal mediation
• 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
• Study subject injury
• Failure to perform agreed clinical trials in connection with a development collaboration
• Failure of CRO to manage global clinical trial program appropriately

Commercialization

• Failure to achieve sales and revenue targets
• Failure to perform agreed Phase IV marketing or other studies
• Failure to make commercially reasonable efforts to promote products and achieve earnouts
• Distribution and sales agency rights and obligations

Manufacturing

• Termination of long-term supply agreement
• Ability to meet regulatory requirements, such as for Good Manufacturing Practices (GMP)
• Supply chain performance
• Biological materials storage agreements

Funding and securities

• Valuation of private company shares 
• Failure to provide specialized venture fund with adequate information and deal opportunities
• SEC violations, including fraud class actions
• Allocation of settlement funds in product liability matters

Other torts

• Mass torts and wrongful death
• Product liability and personal injury multidistrict litigation (MDL) and class actions
• False advertising and trade defamation