Life Sciences

Overview

Life sciences companies are in the business of helping people. The drugs and devices they develop are designed to alleviate pain, cure disease, treat illness, and much more. However, the life science industry continues to face the challenges of increased competition, demographic changes, technological innovation, and regulatory upheaval.

Blank Rome’s life sciences team works with clients to mitigate those challenges by looking at the issues from all angles. How will the changing regulatory and risk environment impact your business? What security and privacy adjustments are necessary to cope with increasing digitization? How do you preserve or build shareholder value with continued pricing pressures and rising R&D expenses? We take a pragmatic, business-focused approach to create comprehensive strategies to help you succeed at every stage of your business. 

We have deep experience in corporate transactions and M&A, intellectual property matters, commercial and product liability litigation, regulatory compliance, and anti-corruption. We address numerous government relations matters through our government affairs team of top lobbying and strategic communications professionals. 

Our team has also established themselves as not only thought-leaders but as the go-to attorneys within the compounding pharmacy sector. Blank Rome’s growing practice has a solid emphasis on counseling compounding pharmacies in both human and animal health in regard to compliance with state and federal laws. We have also acted as lead litigation counsel for clients (and coalitions) for disputes with the Food and Drug Administration (“FDA”) and the Drug Enforcement Administration (“DEA”), as well as various state boards of pharmacy in administrative proceedings and federal courts.

On behalf of our clients, our team has won significant case victories against the FDA on behalf of coalitions of compounding pharmacies. These successes include suits challenging the FDA’s memoranda of understanding (“MOU”) relating to a proposed volume limitation on interstate dispensing of compounds. Being that the MOU is one of the most critical issues facing compounding pharmacies, it is often immensely difficult to prevail against the FDA in such matters. Nonetheless our team managed to obtain the full relief that was sought by our clients. 

Many of our attorneys and advisers have significant government experience related to compliance, enforcement, and reimbursement issues before other federal agencies such as the National Institutes of Health (“NIH”), the Centers for Medicare and Medicaid Services (“CMS”), the Department of Justice (“DOJ”), and the Office of the Inspector General (“OIG”). 

Our industry team can also bring in attorneys focused on specific legal issues such as labor and employment, tax, business restructuring, due diligence, change of ownership, regulatory approvals, real estate, and others to address any issue that arises.

How We Can Help 

We represent a wide range of life sciences companies and industry professionals, including: 

  • Drug and device developers, manufacturers, and distributors
  • Active pharmaceutical ingredient producers and importers
  • Biotechnology innovators
  • Academic medical centers
  • Telehealth platforms
  • Online pharmacy and prescription management services
  • Compounding and institutional pharmacies 
  • Hospital systems
  • Outsourcing facilities
  • Research institutions, laboratories, and investigators
  • Contract research organizations
  • Physician inventors
  • Pharmaceutical consortia
  • Financing companies

What Sets Us Apart

  • We add value for our clients by leveraging relationships within the life sciences and financial industries, as well as the government, to facilitate key introductions that create business opportunities and solve problems. 
  • Our life sciences industry team is bolstered by a deep bench of recognized intellectual property leaders with significant experience in acquiring, defending, enforcing, and invalidating medical device and pharmaceutical patents. 
  • We have achieved numerous wins in high-profile life science disputes and have extensive trial and appellate experience in federal and state courts across the country.
  • We advise on compliance strategies with respect to global data protection laws and the processing of human biological samples, including transparency initiatives in clinical research.

Experience

  • Apotex, Inc. in several transactions, including:
    • The acquisition of Aveva Drug Delivery Systems, Inc., a global developer and manufacturer of transdermal patches, from Nitto Denko Corporation.
    • The acquisition of assets from Barr Laboratories related to several products.
    • $500 million acquisition of rights to a blockbuster branded generic product suite, including the transfer of trademarks and product registrations, product licensing transactions, and an “authorized generic” licensing transaction.
  • Aegis Capital Corp. in several transactions, including:
    • A $26.4 million public offering of common stock and warrants and “uplisting” of the common stock of Advaxis, Inc., a clinical-stage biotechnology company developing multiple cancer immunotherapies.
    • A $16.1 million public offering of common stock and warrants of InVivo Therapeutics Holdings Corporation, a medical device company founded to develop and commercialize groundbreaking technologies for the treatment of spinal cord injuries.
    • A $15 million initial public offering (“IPO”) of Akers Biosciences, Inc., a company that develops, manufactures, and supplies rapid, point-of-care screening and testing products designed to bring health-related information directly to the patient or clinician.
    • An $8.5 million IPO of Signal Genetics, Inc., an emerging commercial stage, molecular diagnostic company focused on providing innovative diagnostic services that help physicians make decisions concerning the care of their patients suffering from cancer.
  • Glenmark Generics in a patent interference with another generic pharmaceutical company; successfully invalidated all of the other generic pharmaceutical company’s patent claims in the interference. 
  • DJO Global acting as National Litigation Counsel for all cases related to artificial knee devices, including:
    • Successfully resolved a series of five cases consolidated for arbitration.
    • Obtained dismissal orders at the preliminary stage in cases pending in Georgia and California.
    • Currently serving as lead counsel in eight cases consolidated in federal court in Florida.
  • Represented a coalition of compounding pharmacies and outsourcing facilities in providing written comment on a critical proposed new FDA ruling that, if implemented, would result in the FDA no longer permitting a number of drugs to be created via compounding.
  • Regularly providing a major e-commerce and technology company with advice and counsel regarding its ongoing plans to grow and expand its pharmacy division. 
  • Advising a publicly traded hormone optimization and medical training company, on its marketing programs for compliance with FDA and Federal Trade Commission guidance on dietary supplement advertising.
  • Representing a major compounding pharmacy before the FDA for all matters related to its 2022 FDA inspection and its most recent 2024 FDA follow-up inspection. This includes assisting the pharmacy with preparing its response to FDA’s Form 483 observations and working with the pharmacy on corrective measures.
  • Advising a major compounding pharmacy on its $75 million sale to a third-party investor.
  • Advising a pharmaceutical company based in the United Kingdom, with a legal review of its U.S.-based drug advertising and marketing initiatives, as well as its licensing initiatives.
  • Successfully defending a major pharmacy before the California Board of Pharmacy in an administrative action, testing the bounds of state authority to enforce the federal Food, Drug & Cosmetic Act (“FDCA”).

Team

Key Contacts   |   Team


Team