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

Disputes in the life sciences industry – pharmaceuticals, medical devices, diagnostics and related areas -- raise complex, lengthy and often global issues in many areas, including rights to valuable intellectual property, research, development, manufacturing, commercialization and product liability. The industry’s attributes create an environment in which disputes can be expensive and highly disruptive to on-going business objectives.

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. We also offer innovative virtual mediation and arbitration services that keep cases moving regardless of extenuating circumstances.

JAMS is a leader in life sciences ADR

JAMS is the world’s largest private in-person and virtual ADR provider. We excel at resolving disputes involving a variety of constituencies, including companies, partnerships and joint ventures, universities, foundations and other entities and arrangements in research, development, manufacturing and commercialization of life sciences products.

Members of the JAMS life sciences panel have gained their subject matter experience in a variety of ways. Some bring litigation, transactional, IP and other hands-on experience in the industry after years of working as in-house counsel, business consultants, or outside counsel representing life sciences clients.  Our panel also includes former members of the federal bench, who have deep experience with patent, other IP litigation and product liability multi-district actions. Our efficient JAMS case managers work with attorneys to help guide them to the neutrals who the parties believe will be the most helpful in connection with any particular matter.

JAMS life sciences neutrals act as arbitrators, mediators, special masters (federal and state), claims administrators and neutral evaluators. 

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
• 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