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Conna Weiner

Conna A. Weiner, Esq.

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Case Manager
Jeffrey M. Poirier, Esq.
T: 617-228-9121
F: 617-228-0222
One Beacon Street, Suite 2210, Boston, MA 02108-3106

Conna A. Weiner Esq. comes to JAMS after beginning her career as a litigator at Paul, Weiss, Rifkind, Wharton & Garrison in New York and then spending over twenty years in-house fielding diverse, complex issues for multinational life sciences companies both in the U.S. and abroad, including as a General or Lead Counsel with Novartis and other companies.

Ms. Weiner couples the ability to listen fairly and cut through to the heart of a problem with a vigorous project-management approach to arbitration and mediation. She understands the true cost to companies and individuals of unnecessary conflict escalation and appreciates the long-term effect of litigation on business relationships. Her international experience has provided her with a deep understanding of diverse cultural perspectives.

ADR Experience and Qualifications

Ms. Weiner has amassed experience in virtually every area of law that crosses a generalist inside counsel’s desk, including employment/HR counseling and numerous vendor/consultant/commercial issues, including IT, facilities, leasing and other issues.

Ms. Weiner has special expertise in the full range of unique legal issues facing innovation companies, including every phase of product research, development and commercialization. She has worked for branded and generic, human and animal pharmaceutical, vaccine and device manufacturers, and has collaborated extensively with their business partners, including providers (such as hospitals, health plans, managed care entities, academic medical centers, universities and physicians), contract manufacturers and suppliers, clinical research organizations and state and federal governmental entities.

Her transactional, counseling and litigation experience includes:

  • Negotiation and drafting of complex commercial transactions, such as licensing technology (in and out), asset purchases and divestures (including voluntary and government agency-driven acquisitions and divestitures), mergers and acquisitions and global research, development and commercialization collaboration agreements
  • Hands-on management of complex litigations, investigations and arbitrations, including cases involving alleged securities law violations, disputes over purchase price adjustments, trademarks/Lanham Act, loan guarantees, crude oil transshipment, biotechnology supply, antitrust (including In Re Brand Name Prescription Drug Litigation, a multi-district litigation involving Robinson–Patman and Sherman Act claims in the pharmaceutical industry), False Claims Act, the exercise of a material adverse event clause in the context of a government agency–driven product divestiture, federal agency lawsuits (including suits under the Administrative Procedure Act against regulatory agencies), government contractor pricing audits, product liability matters, cross-border jurisdictional and discovery issues
  • Regulatory, including product research (such as research subject protection) and development, product approval, labeling and launch requirements in pharmaceuticals and devices, federal and state law government affairs issues involving drugs and devices, pharmaceutical and device sales and marketing practices including advertising, promotional and anti-kickback/anti-bribery counseling (including FCPA), False Claims Act counseling and corporate integrity agreements, OIG compliance guidances, advisory opinions and company policies, Sunshine Act, securities law disclosures regarding business operations, privacy, government pricing and reimbursement, legislation drafting and analysis
  • Customer purchase and distribution contracting (including with retailers, wholesalers, hospitals and hospital buying groups, specialty pharmacy, managed care organizations), including pricing and reimbursement questions (e.g., federal government contracting, Medicare and Medicaid, requiring an understanding of regulatory and operational issues of diverse customer base such as government programs, hospitals, physician groups and managed care organizations) and AWP litigation
  • Research and development–related counseling and contracting, including clinical trials, clinical research organization agreements, sponsored research, material transfer agreements and related agreements
  • Intellectual property, including licensing and acquisition issues, patent/Hatch–Waxman litigation and patent department management, copyright and trademarks, and trade secrets
  • Antitrust and trade association counseling, including Sherman Act, Clayton Act and Robinson–Patman Act (and state analogues)
  • Supply chain issues, such as procurement practices, global supply and manufacturing agreements, product shortages, quality issues, recalls and GMPs
  • Numerous therapeutic areas and technologies, including transplantation and immunology, drug-coated stents, epilepsy, oncology, vaccines, ophthalmics, companion and farm animal diseases and pest control, orphan drugs (such as lysosomal storage disease therapies), radiology, vascular interventional, small molecules, biotechnology, generics and devices
  • Compliance policies, procedures and investigations
  • International
    • As an advocate in an ad hoc arbitration concerning a complex international commercial dispute involving crude oil long-term supply and transshipment agreement
    • Involvement as an advocate in significant ICC arbitrations
    • Latin-American compliance/legal investigations
    • Switzerland-based, global experience as a general counsel and litigation manager, including oversight of a global patent, trademark and copyright function as part of responsibilities as General Counsel and Global Compliance Officer for Novartis Animal Health; training and experience as required by issues arising in practice with local country laws outside the U.S. and European Union laws/directives (such as competition law, privacy); and direct global compliance officer experience and Ex-Americas global litigation and alternative dispute resolution management experience, including Sarbanes–Oxley–related issues

Representative Matters

Ms. Weiner has applied her years of substantive, hands-on experience to help parties in connection with a wide range of ADR matters. Representative of her active ADR practice are the following:

Arbitrations

  • Neutral party-appointed arbitrator for tripartite panel in international arbitration regarding dispute over long-term supply agreements between two pharmaceutical companies
  • Neutral party-appointed arbitrator for tripartite panel in international arbitration regarding dispute over earnout provisions of an acquisition agreement between two pharmaceutical companies
  • Neutral party-appointed arbitrator for tripartite panel in hospital/physician compensation dispute (complicated by potential Stark Law issues)
  • Chair of tripartite panel in physician partnership dispute
  • Neutral party-appointed arbitrator in patent/know-how licensing and trade secret molecular biology dispute
  • Sole arbitrator in connection with biological materials storage agreement dispute
  • Sole arbitrator in dispute over valuation of private shares in biotechnology company
  • Sole arbitrator in significant contractual dispute between health plan and pharmacy benefit management plan
  • Emergency arbitrator appointed to assess applications for emergency relief in connection with termination of health providers from health plan
  • Sole arbitrator in research and manufacturing agreement dispute
  • Sole arbitrator provider/health insurer mental health coverage dispute
  • Neutral party-appointed arbitrator for tripartite panel in connection with breach of partnership agreement and fiduciary duty by law firm partner
  • Sole arbitrator in connection with complex dispute between selling family trust and individuals and purchasing companies relating to indemnification and earnout provisions
  • Numerous franchisor/franchisee disputes
  • General commercial
  • Debtor/creditor disputes
  • Several significant attorney/client fee-dispute arbitrations

Mediations

  • Research university and pharmaceutical company licensee dispute
  • Health system and therapeutic hardware/software supplier dispute
  • Diagnostics sales agency and distribution agreements dispute
  • False advertising (significant federal case involving pharma companies under Lanham Act)
  • Employment
  • General commercial contracts
  • Personal injury

Selected Appointments and Memberships

  • Vice Chair, Boston International Arbitration Association, Inc. 
  • ABA Health Care Section Leader: for the 2018-19 Bar Year - Vice Chair, ADR & Conflict Management in Healthcare
  • Vice Chair, USCIB/ICC Arbitration Northeast Subcommittee
  • Fellow of the International Chartered Institute of Arbitrators
  • Named on the Silicon Valley Arbitration & Mediation Center’s List of the World’s Leading Technology Neutrals in 2016
  • Appointed to World Intellectual Property Organization (WIPO) Panel of Neutrals
  • Available for American Arbitration Association and International Centre for Dispute Resolution cases through part or neutral appointment. Previously served on the American Arbitration Association’s (AAA) arbitration and mediation panels, including its commercial, large complex cases, health care and joint venture and mergers and acquisitions specialty panels, and the AAA's international affiliate, the International Centre for Dispute Resolution (ICDR) 
  • American Bar Association (Section on Dispute Resolution; appointed co-chair, Women in Dispute Resolution Committee 2015–2018; Section of Litigation; Commercial and Business Litigation Section, appointed chair of ADR subcommittee; Health Law Section, appointed to ADR Task Force)
  • New York City Bar Association
  • New York State Bar Association (Dispute Resolution Section)
  • Women’s Bar Association (Massachusetts), Co-Chair, ADR Committee
  • Massachusetts Bar Association (appointed to Dispute Resolution Council)
  • American Health Lawyers Association (appointed to panel of neutrals)
  • International Institute for Conflict Prevention and Resolution (appointed to Distinguished Panel of Neutrals, including to specialty health care and life sciences and technology panels)
  • Association of Corporate Counsel
  • Licensing Executives Society
  • Boston Bar Association

Publications and Materials

  • “Mediating Complex Business Disputes Before Litigation: Making the Most of the Moment,” The Resolver, Spring 2018, Federal Bar Association
  • “Reassessing Commercial Arbitration: Making It Work for Your Company,” with Steven M. Greenspan, American Corporate Counsel Docket magazine, March 2017
  • Case Note, New York State Bar Association Dispute Resolution Lawyer, Spring 2015: Second Circuit Refuses to Enjoin Subsequent Arbitration Based Upon All Writs Act: Citigroup, Inc. v. Abu Dhabi Investment Authority
  • “Striving for the ‘Bulletproof’ Mediation Settlement Agreement,” with Edna Sussman, April 2015
  • Outlines, Materials and Forms for Mediation Convening and Intake Best Practices, with Nancy Greenwald, 2015 ABA Section on Dispute Resolution Annual Meeting Program
  • Foundational materials and bibliography for presentations regarding “Beyond ADR: Managing Conflict with External Partners Before and After the Contract Is Signed,” selected for CLE presentation at the February 2016 Annual Meeting of the Association of University Technology Managers in San Diego

Selected Speaking/Teaching Engagements and Panel Presentations

  • May 2018: Panelist, Arbitration Best Practices Tips, American Bar Association Section of Litigation National Annual Meeting
  • May 2018: Organizer and Panelist: Managing Dispute Risk in Business Agreements: How Transactional Lawyers and Litigators Can Work Together
  • April 2018: Panelist, Cutting-Edge Issues in Commercial Arbitration, New York Law School
  • February 2018: Organizer and Panelist, How Experience Lawyers Can Hone Their Mediation Advocacy Skills, American Bar Association Corporate Counsel CLE Program
  • April 2017: Organizer and Panelist Special Issues in Health Care Arbitration, Boston Bar Association
  • Organizer and Panelist: Essentials of Mediation and Arbitration, Massachusetts Bar Association 2017-2018
  • January 2017: Co-Chair and Panelist, New York State Bar Association Dispute Resolution Section Annual Meeting
  • October 2016: Organizer, Moderator and Panelist: Reassessing Commercial Arbitration in 2016: Making It Work for Business, New England Legal Foundation
  • July 2016: Seminar, Dispute Risk Management in External Alliances, Association of Strategic Alliance Professionals
  • May 2016, Speaker, Negotiation and Conflict Resolution, Women Who Build: Leadership and Networking Summit Construction Institute of the University of Hartford
  • April 2016: Speaker, Unpacking, Mapping and Evaluating Conflicts: Analytical Tools for Resolving Complex Disputes and Enhancing Your Practice, ABA Section on Dispute Resolution Spring Meeting
  • February 2016: Organizer, Moderator and Speaker, Beyond ADR: Managing Disputes with External Partners Before and After the Contract Is Signed, Annual Meeting of Association of University Technology Managers
  • February 2016: Organizer, An Insider’s Look at Alternative Dispute Resolution, Women’s Bar Association ADR Committee
  • November 2015: Organizer and Speaker, What Every Litigator Needs to Know About ADR to Be Competitive in Today’s Marketplace, ABA Women of the Section of Litigation
  • October 2015: Speaker, What Lawyers Need to Know About Dispute Resolution Methods and Drafting, D.C. Bar Association
  • 2015: Organizer, Moderator and Speaker: The Alternative Dispute Resolution Continuum: Ombuds, Early Neutral Evaluation and Med-Arb, Arb-Med, New York State Bar Association Dispute Resolution Fall 2015 Meeting
  • 2015: Organizer, Moderator and Speaker: Mediation Convening and Intake Best Practices, ABA Section on Dispute Resolution Annual Meeting
  • 2015: Speaker, High-Technology ADR, ABA Section on Dispute Resolution Annual Meeting
  • 2015: Speaker, ADR in Intellectual Property Cases, CPR Annual Meeting
  • 2014: Speaker, Managing Disputes in Life Sciences Collaborations, Association of Strategic Alliance Professionals
  • 2014: Semifinal Judge, ABA National Mediation Competition
  • 2014: Speaker, Dispute Resolution: Managing Your Exposure and Avoiding Your Day in Court (And What to Do If You Can’t Avoid It), New England Corporate Counsel Association
  • 2013: Speaker, ADR and Business Disputes, Massachusetts Law Weekly
  • 2013: Speaker, Arbitration Evolution, ExecuSummit on ADR
  • 2013: Speaker, What Clients Are Looking for in Arbitration, ABA Section on Dispute Resolution Annual Meeting

Bar Admissions

  • New York, 1987
  • Massachusetts, 2013
  • U.S. District Court, Eastern and Southern Districts of New York, 1989
  • Independent Mediator, Arbitrator and Consultant, 2013–2018
  • General Counsel, North America, Mylan, Inc., 2010–2012
  • Vice President and Lead Counsel, Shire Human Genetics Therapy, 2009–2010
  • U.S. and global roles, Novartis, 1993–2009
    • Head of Litigation, Ex-Americas, 2009
    • Global General Counsel and Global Compliance Officer, Novartis Animal Health, Inc., 2007-2008
    • Vice President, Legal, Novartis Pharmaceuticals Corporation, 2004–2007; specific roles included U.S. Legal Head of Transplant, U.S. Legal Head of Ophthalmics, Legal Head of U.S. Managed Markets and work in oncology and epilepsy
    • Executive Director and Section Head, 1996–2003
  • Litigation Associate, Paul, Weiss, Rifkind, Wharton & Garrison, 1987–1993
  • J.D., University of Chicago Law School, 1986
  • B.A., With Highest Honors, Oberlin College, 1983

Counsel Comments

    •  “I served on a panel of neutral arbitrators with Conna Weiner in a complex biotechnology licensing dispute. Her contributions on procedural, legal and technical issues were most helpful. She is bright, conscientious and fair-minded. It was a pleasure working with her.”
      - Prominent Arbitrator
    • “We worked closely with Conna on a complicated royalty/contract dispute. There was a high degree of suspicion between the parties; the technical issues were complex and dense; and the legal disputes were difficult to unwind. Through her smarts and engaging personality, Conna won the confidence of everyone, parties and attorneys alike, and patiently stayed with the process for months. She was instrumental to reaching a fair and comprehensive resolution of a difficult multi-layered dispute.”
      - Health Care Litigator
    • “My institution had reached a total impasse with one of our licensees regarding a license dispute. In the hopes of avoiding litigation, both sides agreed to try mediation and we all agreed that we needed to find a mediator with extensive pharma/biotech licensing experience. We found just the right person with Conna Weiner. Although the two sides were very far from agreement at the outset, Conna patiently and professionally got us to a mutually agreeable outcome. She was very knowledgeable, professional, responsive, and practical. I would definitely seek her out again.”
      - General Partner, Life Sciences
    • “Conna is the whole package. She is collaborative, patient and listens carefully to all the parties. Her role as In-House Counsel as well as a former litigator allows her to understand both perspectives very well."
      - General Counsel: Health and Life Sciences

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Practice Areas

  • Business/Commercial
  • Employment
  • Health Care
  • Intellectual Property
  • International
  • Pharmaceuticals/Mass Tort
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Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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