Life Sciences

The challenges facing the life sciences industry are increasing — long product development timelines, increased regulatory hurdles, pricing pressure, industry consolidation, access to capital…the list goes on. To build value and sustain the life of your enterprise, you need life sciences counsel with the industry knowledge and legal experience to help you execute sound business strategies, minimize risks, and take advantage of opportunities.

Since the birth of the life sciences industry in the 1970s, we have provided companies with the experience, resources, and insights to help them meet their goals. Today, we work with clients globally, including companies of every size — from start-ups with little more than an idea to large public companies with products on the market, venture capital firms and investment banks, and research organizations and institutions.

Quick Facts


  • 40+ years in the life sciences industry
  • Integrated intellectual property, licensing, and corporate practice
  • Specialize in IPOs for companies developing ground-breaking technologies
    • Strength in the specialized area of Form 10/reverse merger IPOs
  • National Tier 1 ranking for Biotechnology Law – US News & World Report and Best Lawyers "Best Law Firms" (2014)
  • Ranked as "Law Firm of the Year (Biotechnology) – North America" by M&A Today Global Awards (2014)
  • "Licensing and Collaborations Firm of the Year" by LMG Life Sciences (2013)
  • "Law Firm of the Year (Biotechnology) – North America" by Global 100

Areas of Focus

Compliance and regulation

  • Compliance planning
  • FDA regulatory
  • Health care fraud and abuse
  • Reimbursement

Corporate


Intellectual property


Sort by: Name  Title  Office

Joseph P. Hammang, PhD

Joseph P. Hammang, PhD

ML Strategies - Senior Vice President, Life Sciences

Andrew J. Shin

Andrew J. Shin

ML Strategies - Director, Health Care Policy & Life Sciences

Antitrust

  • Served as antitrust counsel for a leading provider of sample and assay technologies, and are currently involved in counseling and representing the company in merger and acquisition activities.

Corporate & Securities: Joint Ventures, Strategic Alliances, Collaborations & Technology Transfer

  • Represented Inhibrx LLC in its June 2012 Option and License Agreement with Celgene Corporation.
  • Represented GreatPoint Energy, Inc. in its $400 million Series D financing led by China Wanxiang Holding Co. Ltd.
  • Represented Angiochem, Inc. in its February 2012 collaboration with GlaxoSmithKline (GSK).
  • Represented Intarcia Therapeutics, Inc. in its December 2011 strategic alliance with Quintiles.
  • Represented ArQule, Inc. (NASDAQ: ARQL) in the November 2011 execution of a license agreement with Daiichi Sankyo, Co. Ltd.
  • Represented BeiGene, LLC on the exclusive in-licensing and co-development agreements of October 2011 with Janssen Pharmaceutica NV and CNA Development, LLC, divisions of Johnson & Johnson (NYSE: JNJ).

Corporate & Securities: Mergers & Acquisitions

  • Represented Piramal Healthcare Limited, an India-based drug company, in its acquisition of Decision Resources Group, a Massachusetts-based health care information data provider.
  • Represented Boston Biomedical, Inc. (BBI) in its sale to Dainippon Sumitomo Pharma Co., Ltd. (DSP) for up to $2.63 billion in total, which included $200 million upfront, up to $540 million in development milestone payments, and up to $1.89 billion in sales milestone payments.
  • Represented Caliper Life Sciences, Inc. in its $600 million sale to Perkin Elmer, Inc.
  • Represented Ion Torrent Systems, Inc. in its $725 million sale to Life Technologies Corporation.
  • Represented QIAGEN NV in its $1.6 billion acquisition of Digene Corporation, including antitrust aspects of the transaction.
  • Represented the exclusive financial advisor to Diagnostic Products Corporation in its $1.8 billion acquisition by Siemens Medical Solutions.
  • Represented Vertex Pharmaceuticals, Inc. in its $400 million acquisition of ViroChem Pharma, Inc.
  • Represented China-based BioDuro, LLC in its $77 million acquisition by Pharmaceutical Product Development, Inc.

Corporate & Securities: Securities

  • Served as underwriters’ counsel to Leerink Swann in the $23.7 million underwritten public offering in January 2012 by Chelsea Therapeutics International Ltd. (NASDAQ: CHTP).
  • Represented GI Dynamics, Inc. (ASX: GID) in the filing of its Australian IPO and contemporaneous US private placement, which raised a combined $85 million in September 2011.
  • Served as placement agent counsel to Leerink Swann in the $55 million private placement in September 2011 by Puma Biotechnology.
  • Represented BofA Merrill Lynch and Leerink Swann as underwriters’ counsel in a $65 million shelf offering for Achillion Pharmaceuticals, Inc. (NASDAQ: ACHN) in June 2011.
  • Represented ImmunoGen Inc., (NASDAQ: IMGN) in its $93.6 million follow-on underwritten public offering in May 2011. Jefferies & Company Inc. acted as the sole book-running manager for the offering and Oppenheimer & Co. Inc., RBC Capital Markets LLC, William Blair & Company LLC, Canaccord Genuity Inc., and Morgan Joseph TriArtisan LLC acted as co-managers for the offering.
  • Represented Rosetta Genomics, Inc. (NASDAQ: ROSG) in its concurrent PIPE / registered direct offering in February 2011. Rodman & Renshaw acted as the exclusive placement agent for both offerings.
  • Represented ARIAD Pharmaceuticals, Inc. (NASDAQ: ARIA) in its $258 million public offering in December 2011. JPMorgan, Cowen and Company, and Jefferies served as underwriters.

Employment, Labor & Benefits

  • Counseled a public international life sciences company on company-wide and department-wide reorganization, ensuring compliance with state and federal wage / hour laws, the federal WARN Act and state analogs, and state and federal anti-discrimination laws.
  • Counseled a public international life sciences company on employment agreements and compensation packages for senior executives and senior management teams.

Health Law

  • Drafted and negotiated IT vendor agreements necessary to help a late-stage biotech company prepare for commercial operations in anticipation of the launch of its first drug, including cloud services agreements, a master agreement to build and implement an IVRS / IWRS system to support clinical trials, a master agreement to implement and provide an enterprise-wide expense report system, a sales force automation service for the company’s commercial drug team, a data management / storage services agreement, and a master services agreement to implement and provide a data management solution to support various departments.
  • Developed a multistate HIPAA and Red Flags privacy compliance infrastructure for a US-based biosciences company specializing in the development and commercialization of clinically validated molecular diagnostics and anatomic pathology services.

Litigation

  • Obtained over a million-dollar verdict on behalf of AstraZeneca against its former CEO for fraud, conversion, and breach of fiduciary duty. While defeating the CEO’s claims for defamation, we obtained a favorable appellate decision before the Supreme Judicial Court, which has now resulted in an $18 million judgment in favor of AstraZeneca. This has been recognized by former Chief Justice Margaret Marshall as one of her “notable decisions” under the category of free speech.
  • Advised a medical device manufacturer on a federal investigation into potential trade-based money laundering and black market peso transactions by Colombian distributor.
  • Decision by the Massachusetts Supreme Judicial Court to reverse the decision of the trial court resulting in our client, a pharmaceutical company, recovering nearly $7 million in compensation and bonuses from a disloyal former CEO.
  • Defended a dental product manufacturer in a products liability action involving the alleged failure of its products and resulting injuries. Obtained defense verdict after trial on the merits.
  • Developed a comprehensive document collection plan and thereunder reviewed and produced more than 1 million documents relating to a dispute regarding a pharmaceutical commercialization and marketing collaboration agreement between two life sciences companies using a combination of document review and Mintz Levin attorneys.
  • Implemented a litigation hold and document collection protocol for a diagnostic developer and manufacturer with no litigation experience or readiness requiring a comprehensive analysis and identification of more than 30 company employees in Europe and the United States as well as the preservation and collection of more than 2 million pages of documents.
  • On behalf of a diagnostics service provider, successfully negotiated a favorable settlement agreement for a wage and hour class action filed on behalf of pickup and delivery drivers who alleged failure to pay overtime. Majority of the settlement amount was funded by joint defendants based on the client’s position that it was not the principle employer of the putative class members.
  • Represented a biotech company and the company’s directors in two shareholders derivative cases (filed in New Jersey and the Delaware Court of Chancery) alleging breach of fiduciary duty and a federal class action alleging breach of fiduciary duty and violation of Section 14 of the Securities Exchange Act of 1934 arising out of a pending acquisition of the company. Once our client announced the transaction, plaintiffs sued seeking to enjoin the transaction. We opposed the preliminary injunction in Delaware and won at both the trial and appellate levels. We successfully moved to stay the New Jersey state action. The New Jersey federal plaintiff voluntarily dismissed his complaint after receipt of our motion to dismiss papers.
  • Represented a pharmaceutical company in a claim brought by a woman who alleged that she suffered a rare syndrome as a result of her use of an oral contraceptive. A summary judgment issued in the company’s favor by the district court was subsequently affirmed by first circuit in a precedent-setting case regarding scope of “discovery rule” exception to statute of limitations.
  • Represented a pharmaceutical company in wrongful death and personal injury actions involving participants in phase III clinical trials.
  • Serve as national counsel to a large biopharmaceutical company, representing it in many states in cases involving several complex biologic drug products.
  • Currently serve as national e-discovery counsel for a leading biotechnology company building a litigation document database and coordinating discovery efforts in more than 15 state, federal, and international jurisdictions.
  • Successfully defended a life sciences company in a lawsuit brought by a woman who suffered a serious infection allegedly caused by her use of an allegedly contaminated injectable drug, a case involving an unusual manufacturing defect claim.
  • Won a jury verdict defending a global public biotechnology company in a $68 million securities fraud class action suit. In the pretrial phase, Mintz Levin obtained dismissal of the majority of the plaintiffs’ claims. After an eight-day trial, the jury needed just three hours to reach a verdict completely absolving both the company and its chairman of any wrongdoing. The National Law Journal featured the victory as one of the top defense verdicts in the country.
  • Represented a creditors committee and liquidating trustee in the Oscient Pharmaceuticals Corporation Chapter 11 bankruptcy case, including the investigation, litigation, and asset recovery issues.

Real Estate

  • Representation of a major manufacturer in its acquisition of a 90-acre site in Devens, Massachusetts, for the development of a $1.1 billion, state-of-the-art biologic manufacturing facility.
  • Represent Biogen (now Biogen Idec) in connection with its development of a 150,000-square-foot R&D facility and the lease of additional research, development, and office facilities at its Cambridge Center campus.
  • Represent Elan Pharmaceuticals in connection with the purchase, development, and subsequent sale / leaseback of its San Diego headquarters, and its build-to-suit lease and joint venture construction of new facilities totaling over 200,000 square feet in South San Francisco, CA.
  • Represent Millenium Pharmaceuticals, Inc. (now Millennium: The Takeda Oncology Company), in connection with a build-to-suit lease of a 250,000-square-foot R&D and office facility in Cambridge, MA.
  • Represent CareFusion and its affiliates in connection with the purchase and development of corporate headquarters and multiple manufacturing facilities in California, North Carolina, and Mexico.

Tax

  • Assisted the owners of a biotechnology company on the design and implementation of a tax-compliant bonus plan for its key executives in connection with a sale of the company to a strategic buyer and assisted the executives in obtaining the owners’ consent to the payments to avoid the golden parachute excise tax.

Venture Capital & Emerging Companies

  • Represented AccuVein, Inc. in its July 2012 $7.1 million financing led by MVM Life Sciences Fund, Bessemer Venture Partners, Tullis, and Lynch Foundation.
  • Represented Tarsa Therapeutics, Inc. in its March 2012 $28 million Series B financing led by Foresite Capital, Novo A/S, MVM Life Sciences Fund, and Quaker Partners.
  • Represented Intercept Pharmaceuticals, Inc. in its August 2012 $30 million Series C financing led by OrbiMed Advisors and Genextra.
  • Represented Sera Prognostics, Inc. in its November 2011 $19.3 million Series A financing led by Interwest Partners, Domain Partners, Catalyst Health Ventures, Osage University Partners, and UpStart Life Sciences Capital.

Therapeutic

  • Aggamin Pharmaceuticals, LLC
  • AngioChem, Inc.
  • ARIAD Pharmaceuticals, Inc.
  • ArQule, Inc.
  • AVEO Pharmaceuticals, Inc.
  • BeiGene Ltd.
  • Biogen Idec
  • Boston Biomedical, Inc. (acquired by Dainippon Sumitomo Pharma Co., Ltd.)
  • Bristol-Myers Squibb
  • Compugen Ltd.
  • Cureveda, LLC
  • Cyclacel Pharmaceuticals, Inc.
  • Elan Corporation, plc
  • Evotec AG
  • Hemera Biosciences Inc.
  • ImmunoGen, Inc.
  • Intarcia Therapeutics, Inc.
  • Lotus Tissue Repair, Inc. (acquired by Shire)
  • Mast Therapeutics, Inc.
  • Mimetogen Pharmaceuticals, Inc.
  • Neurimmune Therapeutics AG
  • NovImmune SA
  • OXiGENE, Inc.
  • Prosidion Ltd.
  • Retroscreen Virology
  • SkyePharma PLC
  • Synta Pharmaceuticals Corp.
  • Targacept, Inc.
  • Tarsa Therapeutics, Inc.
  • Teva
  • Veloxis Pharmaceuticals Inc.
  • Vertex Pharmaceuticals Incorporated
  • XenoPort, Inc.

Diagnostic

  • Allegro Diagnostics, Inc.
  • BG Medicine, Inc.
  • Caris Life Sciences, Ltd.
  • Exosome
  • Interleukin Genetics, Inc.
  • Lumicell Surgical, Inc.
  • Miraca Life Sciences, Inc.
  • Myriad Genetics, Inc.
  • Nanobiosym Diagnostics, Inc.
  • Pathway Genomics Corporation
  • Rosetta Genomics Ltd.

Tools & Instrumentation

  • AdvanDx, Inc.
  • Life Technologies Corporation
  • QIAGEN N.V.
  • Roche

Medical Device

  • AccuVein Inc.
  • Adlens Ltd.
  • Alphatec Holdings, Inc.
  • Amedica Corporation
  • Beacon Endoscopic
  • BioHorizons
  • CareFusion Corporation
  • CRISI Medical Systems, Inc.
  • Dräger
  • ForSight Labs
  • GenMark Diagnostics, Inc.
  • GI Dynamics, Inc.
  • Home Dialysis Plus, Inc.
  • iCAD, Inc.
  • Lumos Catheter Systems
  • NeuroMetrix, Inc.
  • NuVasive, Inc.
  • Pluromed, Inc. (acquired by Sanofi-Aventis)
  • Roche
  • Solx, Inc.
  • Spiracur Inc.
  • Tandem Diabetes Care, Inc.
  • Transcend Medical, Inc.

Past