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We help clients keep up and thrive in a constantly shifting landscape. Our attorneys are at the forefront of industry trends, advising clients on everything from adopting new business models and navigating the regulatory landscape, to devising innovative IP protection and monetization strategies.

Our approach

The global life sciences industry is advancing rapidly. Increased generic competition, the changing patent landscape, evolving regulations, and pricing pressures present new challenges and opportunities for companies across the sector.

Our cross-disciplinary team can steer you through every phase of your life cycle, helping you carefully consider all of your options, and execute effective growth strategies—whether through licensing, M&A deals, or other types of transactions.

And while we have a lot of experience with transactions and litigation for large public companies, we have a passion for helping mid-market and startup companies grow.

The rapidly changing life sciences ecosystem presents a lot of exciting opportunities. We’re focused on helping clients leverage those opportunities and make strategic decisions that maximize their business potential.

Who we work with

  • Biotech companies
  • Medical device companies
  • Pharmaceutical companies
  • Academic medical centers
  • Leading universities

Representative Corporate, Regulatory, and Transactional Matters:

  • Representing a Canadian company in coordinating the research, development and licensing of medical isotope technology with a U.S. Government laboratory and state university.
  • Representing a startup company developing a care model for diabetes in the licensing of intellectual property from a university and the formation of a joint venture with a bioinformatics company to develop and commercialize the technology.
  • Represented the world's largest biological resource center and the most comprehensive source of reference cultures and reagents used by researchers, in negotiating and drafting numerous distribution and development agreements with companies throughout the world.
  • Counseling a large biologics company, providing an opinion on the eligibility of its new drug product for marketing exclusivity and patent term extension.
  • Representing a medical device company in responding to an FDA import detention and refusal involving products made by its contract manufacturer in China, and responding to a Form FDA-483, Inspectional Observations, regarding compliance with Current Good Manufacturing Practice (“CGMP”) requirements.
  • Assisting a large biologics manufacturer on the preparation of a challenge to an FDA decision awarding orphan drug exclusivity to a competitor.
  • Represented a biologics company in preparing and obtaining a successful response to a citizen’s petition from the FDA. The problem involved limits on orphan drug designation.
  • Advised a biopharmaceutical company focused on new drugs candidates targeting GPCR, in a multi-million dollar financing.
  • Advised a company specializing in proton therapy treatment, in its $10 million financing from existing shareholders.
  • Advised a French biopharmaceutical company in its fund raising from seed to Series A, B and C rounds, and on a broad range of matters such as build-up operations, mergers, spin-off, asset deals, employment and executive management remuneration and incentive packages, joint venture agreements, and partnerships.
  • Represented a biotechnology company focused on novel pharmaceutical therapies that seek to exploit RNA editing and DNA editing enzymes, in negotiating a license into the company relating to its core technology, and represent the company with regard to the creation and maintenance of its stock option plan and other general legal matters.
  • Represented a growth-stage medical device company focused on the development of biodegradable silk-based scaffolds for use in tissue regeneration in numerous therapeutic areas in its sale to a multi-specialty health care company that develops pharmaceuticals, biologics, medical devices and over-the-counter consumer products.
  • Represented a Swedish medicinal and analytical chemistry company in the acquisition of two product lines and associated business from a leading provider of cutting-edge technologies in the life science industry.
  • Represent a well-known biopharmaceutical company in a variety of real estate transactions including leasing, permitting, construction contracting, and financing, related to multiple client facilities and offices.
  • Handle leasing work on behalf of a large manufacturer of analytical and medical instruments.

Representative Litigation Matters:

  • Represented the plaintiff, a well-known medical device company, in a patent infringement case in the U.S. District Court for the District of Massachusetts. Our client was awarded a multi- million dollar verdict for lost profits and a 16% royalty (on sales not included in lost profits).
  • Represented one of the largest healthcare companies in the world in connection with the company’s global settlement of three separate government investigations for $3 billion—the largest health care fraud settlement in U.S. history. Of the three investigations, Nixon Peabody attorneys were the primary counsel for the company in the defense of an investigation by the Department of Justice relating to the company’s Medicaid “best price” reporting. Our attorneys were also significantly involved in the defense of the investigation by the U.S. Attorney’s Office for the District of Massachusetts relating to the government’s allegations of off-label promotion and anti-kickback violations. The case settled favorably for our client.
  • Represented the plaintiff, a leading medical device company, in a patent infringement case in the U.S. District Court for the Northern District of Illinois. The case was settled on terms favorable to our client.
  • Served as Counsel for over 66 pharmaceutical companies in role as liaison counsel for Average Wholesale Pricing matters venued in commercial court in New York. The case was favorably resolved for our clients.
  • Currently defending Shire Human Genetic Therapies in a Lanham Act false advertising case brought by Genzyme.
  • Represented a pharmacy chain and a national grocery store and in a putative class action in the Northern District of California involving alleged inflation of average wholesale pricing (AWP) for prescription drugs by national pharmacy chains Supervalu Inc., New Albertson’s Inc., Walgreens Co., Longs Drugs Stores Corp., The Kroger Co., Safeway Inc., Wal-Mart Stores Inc., CVS Caremark Corp., and Rite Aid Corp. In January 2010, the case was dismissed with prejudice by the trial court for failure to state a claim. On February 9, 2012, the Ninth Circuit Court of Appeals unanimously affirmed the trial court’s dismissal.

Awards & Rankings

  • The Legal 500 United States
    • Recommended as a leader in the Healthcare: Life Sciences industry
  • Managing IP magazine’s World IP Survey
    • Recognized as a national leader in the patent category for bio life sciences
  • IAM Magazine
    • Ranked in the top ten for securing high quality patents in the healthcare (pharma/bio) category

Media Clips

  • Life Sciences Cases to Watch in the 2nd Half of 2016
    Law360 | July 13, 2016
    Boston Government Investigations & White Collar Defense partner Brian French, a member of the Life Sciences team, is quoted in this story looking at important cases the industry is monitoring for the remainder of the calendar year. Brian is quoted discussing False Claims Act matters.
  • UC Will Nurse Lab Inventions
    Los Angeles Business Journal | June 22, 2015
    This article focuses on a new $250 million independent fund created by the University of California to invest in research enterprises on its campuses.  Los Angeles IP Counseling & Transactions partner Seth Levy talks about the research environment particularly for health care technologies and how it’s changed with regard to what it takes to get technology licensed or spun out.
  • Outgoing FDA Chief's Contentious Tenure Empowered Agency
    Law360 | February 5, 2015
    Washington, DC, Health Care and Life Sciences partner Areta Kupchyk is quoted in this article discussing the legacy of departing U.S. Food and Drug Administration Commissioner Margaret Hamburg.
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  • Life Sciences Cases to Watch in 2015
    Law360 | January 2, 2015
    Boston IP Litigation and Life Sciences partner Maia Harris is quoted in this feature article on what to watch in life sciences in 2015.
  • Post-Pom Distinctions May Not Stop Lanham Act Claims
    Law360 | October 27, 2014
    Boston IP Litigation partner Maia Harris, Boston Commercial Litigation partner Fred Kelly and Boston Government Investigations & White Collar Defense law clerk Charles Dell'Anno authored this article discussing the application of the U.S. Supreme Court’s decision in Pom Wonderful LLC v. The Coca-Cola Company to Lanham Act challenges related to drug labeling and marketing.
  • Healthcare Big Data Debate: Public Good vs. Privacy
    InformationWeek | October 6, 2014
    Los Angeles Health Care partner Jill Gordon is featured in this article discussing big data’s role in health care. Jill’s comments are from her panel discussion at the 8th annual Body Computing Conference. Click here to read the full article.
  • The Past, Present and Future of Stem Cells
    Daily Journal | August 27, 2014
    Los Angeles office managing partner Seth Levy and Los Angeles patent agent Stephen Chen co-authored this column looking at the state of stem cells and what’s next.
  • Dealmakers Q&A
    Law360 | August 13, 2014
    Health Care and Life Sciences leader Michele Masucci is profiled in this Law360 Q&A series with dealmaking movers and shakers.
  • FDA's Biggest New Policies of 2014: Midyear Report
    Law360 | July 28, 2014
    Washington, DC, Health Care and Life Sciences partner Areta Kupchyk is quoted in this forward-looking feature story on new rules and guidance from the U.S. Food and Drug Administration making waves for drug and device makers.
  • What's Trending with Mobile Medical Apps and Health IT?
    Bloomberg BNA Health IT Law & Industry Report | July 21, 2014
    Washington, DC, Health Care and Life Sciences partner Areta Kupchyk authored this article discussing a potential new Food and Drug Administration framework for mobile medical apps and health IT. Click here to read the full article.
  • 5th Circ. Continues Trend Against 'Innovator Liability'
    Law360 | June 16, 2014
    Boston Commercial Litigation partner Chris Allen and Boston Commercial Litigation associate Josh Barlow authored this column discussing the decision in Eckhardt v. Qualitest Pharmaceuticals Inc., which rejected theories of “innovator liability” asserted against manufacturers of branded drugs.
  • Personalized Medicine Changes the Rules of the Play (Personoitu Laaketiede Muuttaa Pelisaantoja)
    Mediuutiset (Finland) | March 21, 2014
    In this Finnish health care publication, Boston Patents counsel Leena Karttunen Contarino provides commentary on how the FDA defines personalized medicine and about the FDA’s attempts to handle personalized medicine drugs and devices in an integrated process.
  • 5 Lessons Doctors Can Take From FDA's Big Stem-Cell Win
    Law360 | February 7, 2014
    Washington, DC, Health Services and Life Sciences partner Areta Kupchyk discusses the DC Circuit Court’s stem cell oversight decision.
  • Sisters of Charity of Leavenworth Health System and St. James Healthcare Agree to Pay $3.85 Million to Resolve Fraud and Abuse Allegations
    American Health Lawyers Association | January 6, 2014
    Boston Government Investigations & White Collar Defense partner Brian French discusses the implications of the agreement between the U.S. Department of Justice (DOJ) and St. James Healthcare and its parent company, Sisters of Charity of Leavenworth Health System, to pay nearly $4 million to resolve alleged violations of the Anti-Kickback Statute, the Stark Law, and the False Claims Act.
  • Health Care Cases to Watch in 2014
    Law360 | January 1, 2014
    Boston Government Investigations & White Collar Defense partner Brian French discusses the high-profile False Claims Act suit, Nathan v. Takeda, that could provide clarity on the muddled question of how precisely a whistleblower must describe fraud.
  • Life Sciences Cases to Watch in 2014
    Law360 | January 1, 2014
    Boston Commercial Litigation and Life Sciences partner Fred Kelly discusses the U.S. Supreme Court’s consideration of reviewing the Fourth Circuit’s dismissal of a Takeda Pharmaceutical Co. Ltd. salesman’s claims that the company marketed the drug Kapidex off-label and caused improper Medicare billing.
  • Life Sciences Regulation and Legislation to Watch in 2014
    Law360 | January 1, 2014
    Washington, DC, Health Services and Life Sciences partner Areta Kupchyk discusses FDA’s involvement in laboratory-developed testing, momentum on biosimilars, and possible further guidance on developing tailored medications.
  • 2013's Game-Changing Health Rulings
    Law360 | December 17, 2013

    Boston Government Investigations & White Collar Defense partner and a member of the firm’s Life Sciences practice Brian French discusses high-stakes cases for the health industry including those involving False Claims Act litigation and reimbursement disputes.

  • Personalized Medicine Providers, FDA Has Your Back
    Law360 | December 8, 2013
    Boston Patents counsel Leena Karttunen Contarino and Washington, DC, Health Services and Life Sciences partner Areta Kupchyk authored this column discussing the U.S. Food and Drug Administration’s comprehensive personalized medicine report.
  • 4 Little-Noticed FCA Rulings Attys Need To Know
    Law360 | December 2, 2013

    Boston Government Investigations & White Collar Defense partner and member of the Life Sciences practice Brian French discusses recent False Claims Act lawsuits likely to reshape a litigation landscape particularly in health care and life sciences.

  • FDA's Stem Cell Oversight Faces Pivotal Test in DC Circ.
    Law360 | October 22, 2013
    Washington, DC, Health Services and Life Sciences partner Areta Kupchyk discusses the importance of a DC Circuit case focused on the U.S. Food and Drug Administration’s power to regulate stem cell therapy.


When the future dictates the present
Intellectual Property Alert | March 25, 2016

Round One of Escobar: Petitioner and Amici Urge Court to Eliminate Controversial Theory of FCA Liability
Government Investigations & White Collar Defense Alert | February 9, 2016

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What's trending on NP Privacy Partner
NP Privacy Partner | January 22, 2016

User fees, biosimilars on FDA priority list for 2016
FDA Alert | January 5, 2016

FDA releases precisionFDA to allow for collaboration for NGS
FDA Alert | January 4, 2016

FDA releases draft guidance on IND sponsor communication best practices
FDA Alert | December 28, 2015

Is your company's website violating the ADA?
Litigation Alert | December 21, 2015

14th Annual MAC Survey
December 16, 2015

The Supreme Court will review False Claims Act circuit split regarding what counts as a "false" claim for payment
Government Investigations & White Collar Defense Alert | December 9, 2015

Webinar Recording: DOJ targets executives in corporate investigations
Originally recorded on September 25, 2015 | September 30, 2015

Personalized Medicine Patent Watch
Intellectual Property Alert | August 21, 2015

Federal Court disagrees with FDA, allows drug manufacturer to proceed with truthful, non-misleading off-label promotion of drug
Government Investigations and White Collar Defense Alert | August 11, 2015

FDA's "Same Surgical Procedure" Draft Guidance Could Stifle Use of Autologous Stem Cell Therapies
Health Care Alert | June 17, 2015

FDA releases updated guidance on MDDS, medical imaging storage and communications devices, and mobile apps
FDA Alert | February 26, 2015

Congress has Made it Official: A Symbolic Victory for States with Medical Marijuana Laws
Health Care Alert | December 22, 2014

California Federal Court Takes First Stab At False Advertising Claims Involving Prescription Drugs After POM Wonderful
IP Law Alert | October 21, 2014

D.C. Circuit upholds attorney-client privilege in internal compliance investigation
Government Investigations & White Collar Defense Alert | June 30, 2014

The FDA announces long-awaited draft social media guidance for drug and medical device industry
FDA Alert | June 18, 2014

Changes to SEC Rule 701 under the Encouraging Employee Ownership Act: What you need to know
Government Relations Alert | June 16, 2014

Supreme Court allows POM suit against Coca-Cola for Lanham Act violations
Intellectual Property Law Alert | June 12, 2014

Fifth Circuit slams the door shut on innovator liability and rejects attempted end-run around Mensing
Life Sciences Alert | May 23, 2014

Initial take on U.S. Patent Office's public forum on new 101 subject matter eligibility guidelines
Life Sciences Alert | May 12, 2014

The FDA proposes expansion of five-year marketing exclusivity for new chemical entities
Pharmaceutical, Medical Device and Life Sciences Alert | March 6, 2014

Personalized medicine patent watch
Intellectual Property Law Alert | February 27, 2014

Federal court keeps stem cell products under FDA's rule
Pharmaceutical, Medical Device And Life Sciences Alert | February 11, 2014

Clearstream to pay $152 million to U.S. over Iran sanctions claim
Export Controls and Economic Sanctions Alert | January 31, 2014

What You Need to Know About the Personalized Medicine Report by FDA
FDA Law Alert | November 5, 2013

Expansive False Claims Act Theories Gain Traction in Eighth Circuit Ruling
Government Investigations & White Collar Defense Alert | October 22, 2013

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Colleagues and peers recognize Nixon Peabody partners as "Lawyers of the Year"
August 15, 2016

Jill Gordon joins Nixon Peabody's Management Committee
July 13, 2016

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Legal 500 recognizes Nixon Peabody attorneys and practices
June 20, 2016

Nixon Peabody attorneys and practices ranked highly by Chambers and Partners in 2016
May 27, 2016

Former Assistant United States Attorney joins Nixon Peabody in New York
March 2, 2016

Nixon Peabody M&A survey illustrates pro-bidder trends in dealmaking
December 16, 2015

General counsel name Nixon Peabody among top product liability powerhouses
September 22, 2015

Funding for flu vaccine secured
June 12, 2015

Nixon Peabody biotech client secures $100,000 federal innovation grant
June 3, 2015

Nixon Peabody advises Traverse Biosciences in cooperative research and development agreement with Aratana Therapeutics
May 4, 2015

Nixon Peabody advises Traverse Biosciences in exclusive license with State University of New York Research Foundation
March 16, 2015

Nixon Peabody advises Tauriga Sciences in acquisition restructuring of therapeutic healing creams company
September 26, 2014

Nixon Peabody represents Serimmune in launch of biotech company with Avalon Ventures and GlaxoSmithKline
September 22, 2014

California Pacific Medical Center and Insys Therapeutics collaborate on cancer treatment research
August 25, 2014

Chambers ranks Nixon Peabody highly for legal counsel to growth industries
April 18, 2014

Nixon Peabody Proudly Supports MassCONNECT Startups Bringing Innovation to the Next Level
February 24, 2014

Nixon Peabody Advises Tauriga Sciences Inc. in Alliance with Synthetic Biology Pioneer
October 30, 2013

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Life Sciences