The best companies in the life sciences never lose sight of a basic fact of corporate survival. They remember that they are, first and foremost, companies.
As businesses, they have a host of business concerns. Some of these issues are unique to them and some are not. Companies in the life sciences face:
- Litigation and other disputes, including intellectual property
- Employment issues
- Real estate and facility utilization
- Corporate structure and governance
- Energy supply and conservation, and
- Start-up concerns
Life science businesses in Massachusetts have another set of unique pressures and rewards. A 10-year, $1 billion investment made by state government to promote the life sciences has created a rewarding yet volatile climate for doing business.
Of all of the industries in which we work, life sciences is among the areas we know best. Three out of our firm's top ten clients are pharmaceutical or medical device companies.
Large pharmaceutical companies, medical device innovators and manufacturers, and emerging biotech companies all look to Sherin and Lodgen. Leaders in the industry have sought our help for over 25 years.
Trial, Litigation and Risk Management
Companies in the life sciences--including pharmaceutical, medical device and biotech companies--have turned to Sherin and Lodgen for counsel in difficult life science litigation. Our trial attorneys have served as both lead counsel and local counsel in national complex litigation. Our attorneys have handled:
- Antitrust matters
- Patent, licensing, licensing and assignment, and contractual disputes
- Consumer and product liability claims
- Consumer class actions
- Insurance coverage disputes
- Advice on product warnings and recalls
- Patent infringement claims
- Contract/vendor disputes
- Regulatory challenges
- Governmental reimbursement claims
- Breach of contract or joint venture agreement claims, and
- Other high exposure claims
Sherin and Lodgen has been lead trial counsel in a major drug-pricing case since 2003, when a client was sued by the Massachusetts Attorney General. Our attorneys have developed a detailed knowledge of the plaintiffs' theories and the defenses to the claims. As a result, we have become one of only a handful of lawyers among the broad coalition of national defense counsel who has actually argued in Alabama and Erie County, N.Y.
We are experienced in efficiently and effectively organizing and managing high-stakes litigation. These cases often involve a wide range of complex litigation management issues, including e-discovery, large volume document review, collection and production, and multi-jurisdictional/multi-action deposition discovery.
Real Estate and Facilities
Companies in the life sciences often have unique needs and issues relating to their real estate, facilities and operations. These include:
- Space planning
- Facilities leasing
- Tenant build out and construction
- Environmental permitting
- Regulatory compliance
Sherin and Lodgen has represented pharmaceutical and medical device companies in connection with laboratory leases and in the sale of real estate. Our firm is regularly called upon to assist life sciences companies and those that provide facilities to such companies.
- Tried to verdict or successfully obtained summary judgment on dozens of medical device liability claims in over 15 states and federal courts
- Represented a medical device manufacturer in a dispute with its largest competitor - a Fortune 50 company - involving the breach of long-term supply agreements that were critical to our client; after a multi-week arbitration hearing, our client received an award of over $28 million and was awarded its attorney fees
- Represented a life sciences company in a dispute with a contract manufacturer that was critical to the client's supply chain; after a multi-week arbitration involving complex contract claims and business torts, the arbitrator made an award in our client's favor on all counts
- Representing medical device client in an IP case as co-counsel; the Sherin and Lodgen LLP team is handling damages issues, while Cesari & McKenna focuses on liability