Services

Our services to life sciences companies include:


Intellectual Property

Many of the members of our Life Sciences team have advanced business and technical degrees in a wide range of disciplines: biology, biomedical sciences, engineering, chemistry, molecular biology, neurosciences and pharmacy, just to name a few. Their in-depth knowledge in these areas enables us to offer a sophisticated level of intellectual property services to clients. From patents, trademarks, copyrights and trade secrets to licensing, infringement issues, validity, breach of contract, unfair competition and due diligence, we provide comprehensive strategy and guidance on procuring and securing the intellectual property assets that are at the heart of the life sciences industry. We counsel clients on the validity and scope of their IP rights; assist with both domestic and international portfolio development and management; provide strategic positioning of corporate assets; and evaluate third-party IP rights.


Funding

We are skilled at helping to pair life sciences companies with the right investors and business leaders for the next opportunity and the smart and lucrative investment. We assist companies at all stages of growth—seed, early stage, expansion stage and emerging growth—with various types and stages of equity and debt capital, including private and public equity and senior and mezzanine debt. We also assist growth companies in managing their investment banking, accounting, management, private investor and other critical financing relationships. Additionally, we help companies in the formation of strategic alliances where such transactions make the best business sense for long-term goals.


Litigation

With a national litigation practice comprised of more than 160 attorneys across 15 offices, Fox Rothschild has the breadth and depth to handle sophisticated and complex commercial litigation matters. Clients call on us to handle emergent matters and rely on our record of obtaining injunctive relief and our experience in designing a case strategy that positions them for the best possible outcome. We provide representation in the full range of litigation matters that clients in the life science industry may confront, including:

  • Medical device and product liability litigation
  • Federal regulatory matters
  • Trademark and copyright infringement cases
  • Trade secret misappropriation claims
  • Restrictive covenants
  • Non solicitation agreement litigation
  • Labor and employment matters
  • Insurance issues
  • Business tort claims


Risk Management

The reality of today's marketplace and economics makes the management of risk an essential business planning tool for life sciences companies. We employ our scientific and technical backgrounds, our previous business experience and our knowledge of the law to help clients eliminate surprises and plan for the “what ifs.” We provide an assessment of the spectrum of strategic and operational risks that could impact a client's business. Our services include business continuity planning, crisis management and planning, compliance solutions and supply chain assessments. With years of experience handling insurance issues, we also provide assistance with securing lines of property, casualty and professional liability insurance.


Regulatory and Compliance

While the FDA has ramped up its scrutiny of the safety of pharmaceuticals, devices and other products generated by life sciences companies, it has also placed a renewed emphasis on compliance. At Fox Rothschild, we believe that prevention is the best avenue to maintaining optimal business function, and so we work with companies to help them design and implement compliance programs in order to avoid the accusation or appearance of improper activities and/or enforcement actions. Should a matter proceed to an investigation or litigation, we have experienced members on our litigation team who have successfully represented clients in such matters. We also have attorneys who have relative government agency experience including the U.S. Patent Office and FTC, among others.


Mergers & Acquisitions and Corporate Transactions

Many life sciences companies are exploring merger opportunities in order to boost their overall market share that may have declined as a result of diminishing revenues from products nearing patent expiry, increasingly expensive R&D and growing FDA scrutiny of product safety, among other factors. Fox Rothschild is poised to help companies considering this avenue of growth. We represent a wide range of both large and small public and private companies in the full range of corporate transactions, including mergers, acquisitions, joint ventures and strategic alliances, and are well-versed in the related governance, disclosure, tax, compliance, benefits, employment and IP issues.


Entity Formation and Governance Services

Many of our lawyers have hands-on experience managing the business operations of both start-up and mature companies. As a result, they are well-versed in the legal and tax implications of the various entity formations (S versus C corporations, unincorporated entities and partnership and limited liability company structures) and advising on the related governance issues such as SEC disclosure and compliance, internal and disclosure controls and board of director matters.