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:
- 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
- Wrongful termination of development agreement
- Failure to use “commercially reasonable” efforts
- 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
- 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
- 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
- Mass torts and wrongful death
- Product liability and personal injury multidistrict litigation (MDL) and class actions
- False advertising and trade defamation
JAMS offers efficiency, speed, and results. In order to save clients time and money, JAMS has instituted procedural options that allow the crafting of a process that is commensurate with the dispute.
Rigorous preparation. Creative solutions. Persistent follow-up. We work diligently every step of the way-from pre-mediation calls to post-mediation follow-up to help all parties arrive at the best possible outcome to their dispute.
Neutral Analysis Services
Unbiased, confidential case evaluation from the best legal minds in the business. We provide attorneys with advisory opinions allowing you to fine-tune arguments, reassess settlement options, manage client expectations—and ultimately proceed with a winning strategy.
Local Solutions. Global Reach. TM
JAMS successfully resolves business and legal disputes by providing efficient, cost-effective and impartial ways of overcoming barriers at any stage of conflict. JAMS offers customized, in-person, virtual and hybrid dispute resolution services through a combination of first class client service, the latest technology, top-notch facilities, and highly trained mediators and arbitrators.
Senior Practice Development Manager