Commercial Litigation HEALTHCARE AND PHARMACEUTICALS

We have extensive experience litigating complex civil cases in such areas as commercial contract disputes, licensing, bankruptcy, business torts, consumer fraud, employment, insurance, trade secrets and ERISA. Our litigators also regularly handle class actions and multi-district litigation. In addition to our trial experience, we resolve cases through arbitration, mediation and complex settlements.

While we recognize that most high-stakes commercial cases should be and are resolved by settlement and pride ourselves on the creativity we bring to the settlement process, we firmly believe that the best settlements result not only from creative lawyering throughout pretrial, but also from a demonstrated trial capability and a readiness to take any case to trial. Members of our practice group have tried literally hundreds of commercial cases to judgment involving nearly every major industry in state and federal courts throughout the United States.

Experience

Highlights in the healthcare area include:

  • Securing a jury verdict for IGEN International after a three-month trial that allowed the termination of a licensing agreement, awarded the company $505 million in damages, and ultimately resulted in the sale of the business at issue to IGEN’s former adversary for more than $1.25 billion
  • Representation of a major prescription drug wholesaler in an Administrative Procedure Act challenge to a Drug Enforcement Administration order suspending the registration of one of the company’s distribution facilities
  • Securing an arbitration award of more than $100 million on behalf of a major medical device manufacturer asserting breach of contract
  • Prevailing on all issues in a three-week trial before the American Arbitration Association involving license rights to molecular diagnostic probes
  • Representation of a high-profile startup pharmaceutical firm in an intellectual property dispute with one of its founders’ employers
  • Representation of a trade association in a successful preemption and Commerce Clause challenge to District of Columbia legislation imposing price controls on patented prescription drugs
  • Representation of affiliates of an internet-based health information firm in several consumer class actions brought by physicians
  • Representation of a national medical billing system company in arbitration against developers of software
  • Representation of a pharmacy benefits manager in numerous litigation matters
  • Representation of a medical device manufacturer in arbitration against a European distributor
  • Representation of several hospitals in billing disputes with the Commonwealth of Massachusetts