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life sciences: matters
Summary Professionals Matters News
Ongoing
Private Equity Fund - Life Sciences
Representation of fundless sponsor in raising $100 million second strategic life sciences fund. The fund will invest in biotech, biologic and medical instruments industry segments worldwide, with investors primarily based in Asia.
2011
Medical Device Company Executive - Grand Jury and Regulatory Investigations
Representation of a medical device company's former Vice President of Sales in parallel federal grand jury and Health and Human Services Department investigations of alleged pay-offs to doctors.
Ongoing
Seegene - International Counsel
Designated outside counsel to Seegene, Inc., a Seoul-based molecular diagnostics company, in its international product distribution and technology licensing, M&A, corporate and capital markets matters. Seegene has developed innovative technologies for the detection of multiple pathogens (ACP (Annealing Control Primer)TM and DPO (Dual Specific Oligonucleotide)TM).
Ongoing
Bio-Reference Labs - Gene Patenting Legislation
Representation of Bio-Reference Laboratories, Inc. in providing legislative advice and governmental solutions to help enable it to conduct diagnostic tests currently prevented by laws allowing owners of gene patents to grant exclusive licenses for those tests.
Ongoing
Stelic Institute & Co. - International Counsel
Designated outside counsel to Stelic Institute & Co., a Tokyo-based bio-venture company specializing in regenerative medicine, in its international legal matters. Stelic is a fast-growing bio-ventures company with scientific research laboratories in the United States, Canada and Japan. Herrick advises Stelic on product and technology licensing matters, international licensing relationships, and on corporate structuring, equity issuance, capital markets, M&A and other matters.
Ongoing
Small Bone Innovations - Intellectual Property Advice
Representation of Small Bone Innovations in multiple international and domestic medical device and technology licensing and product development agreements.
Ongoing
Small Bone Innovations - Employment Issues
Representation of Small Bone Innovations in all aspects of its employment disputes, risk management, restrictive covenant analysis, and the drafting and negotiation of executive contracts and severance agreements.
2009
Small Bone Innovations, Inc. - Credit Facility
Representation of SBI, a leading, privately held orthopedics company focused exclusively on technologies and treatments for the small bones and joints, in a $30 million credit facility with Fortress Credit Corp. to fund accelerated business expansion and refinance existing indebtedness.
2009
Sponsored Research Agreements
Representation of medical device companies and neutraceutical venture in negotiating sponsored research agreements with major research universities and hospitals in the US and Canada.
2009
Small Bone Innovations - Series D Financing
Representation of SBI in its private placement of Series D Preferred Stock in three tranches.
2009
Denville Scientific - Sale of Assets
Representation of Denville Scientific, Inc., a New Jersey-based distributor of molecular biology research products, in the sale of substantially all of its assets to a newly-formed subsidiary of Harvard Biosciences, Inc., a NASDAQ-listed company based in Boston.
2009
Small Bone Innovations - Malaysian Joint Venture
Representation of Small Bone Innovations in forming a joint venture entity in Malaysia, which will serve as the hub for SBi’s Asia Pacific operations.
2009
Small Bone Innovations - “S.T.A.R.” Acquisition
Representation of Small Bone Innovations in its acquisition of Link America, Inc., including the technology for the S.T.A.R. Ankle--a total ankle replacement prosthesis that is the first of its kind to receive FDA approval in the U.S.
Ongoing
Pharmaceutical Company - Product Liability and Consumer Fraud
Defense of a major pharmaceutical manufacturer in a national litigation involving claims of failure to warn and consumer fraud.
2007
Pan-Pacific - Sale of the Company
Representation of the stockholders of Pan-Pacific Enterprises, Inc., the largest independent distributor of medical X-ray tubes in China, in the sale of the company to Varian Medical Systems, Inc., a publicly traded company.
2008
French Pharma Company - Development Agreement
Representation of a France-based pharmaceutical manufacturer with proprietary drug delivery technology in a collaborative and development agreement of a generic pharmaceutical product to be marketed in the United States.
2007-2008
Drug Developer - Drug Marketing and Distribution
Representation of a scientist/developer of a new drug product licensed to a specialty drug manufacturer for the further development, marketing and distribution in the United States, and in exploring other international business opportunities.
2007
Bio-Reference Labs - Congressional Hearings
We helped Bio-Reference Laboratories, a genetic testing company, convince the House Judiciary Subcommittee on Intellectual Property to hold hearings on October 30, 2007 on the adverse impact of gene patenting on genetic testing by laboratories and on clinical research. Bio-Reference Laboratories' CEO was a key witness. We are working closely with Representative Xavier Becerra of California, a member of the House leadership, as well as with the chair of the Judiciary Committee and Subcommittee for a positive outcome for Bio-Reference.
2007
Commercial Bank - Medical Services Company Financing
Representation of a commercial bank as the sole lender in a $35 million senior secured credit facility (consisting of a $25 million term loan facility and a $10 million revolving facility with a sub-limit for letters of credit) to a company that provides services and products to medical practices that specialize in the infertility industry and varicose veins industry. The borrower's services including finance, administration, information systems, marketing and research. The borrower will use the proceeds to finance the acquisition of a varicose vein clinic company, to refinance and repay existing debt, and for working capital purposes.
2007
French Pharma Company - U.S. Market Entry
Representation of a France-based pharmaceutical manufacturer in structuring its entry into the U.S. market, seeking to reduce or minimize exposure for a business whose principal products have higher-than-average exposure to products liability claims.
2007
Generic Drug Developer - Development Joint Venture
Representation of a generic drug formulation developer with expertise in developing, manufacturing, testing and packaging finished pharmaceutical products, in connection with a joint venture product development agreement, a royalty sharing derived from manufacture, and the distribution of the finished pharmaceutical product.
2007
Private Foundation - Drug Research
Representation of a private foundation in connection with university-sponsored research in China into chemical syntheses and manufacturing of chemical products to make high quality, affordable drug products.
2006
Pharmaceutical Company - Insider Trading Investigation
Representation of the senior management of a pharmaceutical company in an SEC insider trading investigation of a PIPE offering.
2004
DOV Pharmaceutical - Elan Joint Venture
Representation of DOV Pharmaceutical, Inc. in connection with its joint venture and related debt and equity financing with Elan Corporation, PLC., a Public Limited Company based in Ireland.
2004
Testpak - Sale of Stock
Representation of Tespak, a privately held pharmaceutical packaging company, in connection with the sale of all of its issued and outstanding stock.
2000
Merck & Co., Inc. v. Vioxx
Representation of the defendant/counterclaimant (an established bio-medical glass manufacturer) in a declaratory judgment action for trademark infringement, based on the Vioxx arthritis drug name. We obtained a very favorable settlement for our client. Merck & Co., Inc. v. Vioxx (ED Pa. 2000)
1998
Vitamin Manufacturer - Reverse Triangular Merger
Counsel to a large vitamin manufacturer in a multimillion dollar reverse triangular merger with a publicly traded manufacturer and distributor of vitamins and health products.