Life Sciences

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• Provided tax counsel to the Archer Daniels Midland Company (ADM), a Fortune 27 U.S.-based diverse agribusiness. Due to our strong technical structuring skills and deep knowledge of the company’s business, ADM routinely relies on us for tax structuring-related advice around the globe. For example, we recently advised the company on tax issues in connection with their acquisition and integration of Wild Flavors GmbH, the German-based multinational food ingredients business; their disposition of a fertilizer business in Brazil and Paraguay; and tax issues associated with the formation of a joint venture with Asia’s leading agricultural group.
• Represent Cardinal Health, one of our long-standing clients, in many of the company’s deal activities and litigation matters, as well as in a variety of specialty areas.
• Represent Johnson & Johnson on patent prosecution matters, spanning a wide array of therapeutics and medical devices. In addition to patent prosecution, we provide all forms of counseling related to patents and technology, including the purchase, sale and licensing of technology, as well as corporate acquisitions. Our portfolio management includes monitoring competitor products and patents, and providing advice regarding product clearance and patent enforcement.
• Assisted an Indian pharmaceutical manufacturing company with an OIG self-disclosure involving government pricing of an FDA-regulated product. The company turned to our team based on our experience with the FDA and CMS elements of the project. We drafted documents and interacted with the government for the company. We specifically reviewed the company’s pricing and government reporting compliance policies, advised on enhancing these policies, drafted a disclosure to OIG explaining the compliance lapse involving the price reporting to CMS, discussed the conflict between CMS regulations and FDA’s authorized generic drug regulations, and assisted with OIG negotiations. We also drafted compliance policies for the company that addressed CMS and FDA-authorized generic drug price reporting issues.
• Defend a major international pharmaceutical company in multiple lawsuits, Equal Employment Opportunity Commission (EEOC) charges, investigations and other administrative matters across several states. Claims range from whistleblower allegations, wage and hour claims, age discrimination, gender discrimination, race discrimination, retaliation, to alleged FMLA violations. In federal court, we defended the company in a whistleblower lawsuit alleging retaliation under the False Claims Act and other counts. The plaintiff, a former pharmaceutical sales representative, alleged retaliatory termination due to her reports of alleged off-label marketing and alleged kickbacks and false claims. We obtained dismissal of the wrongful discharge, breach of contract, and punitive damages claims.