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The number of securities class actions filed against publicly traded pharmaceutical, biotechnology, medical device and health care product and services companies has grown exponentially over the last few years, particularly in 2017. Federal courts are continually issuing complex decisions in these cases. In this continually changing landscape, you need experienced litigation counsel who understands your business and industry, can readily assist you in making informed disclosure decisions and reduce litigation risk, and expertly defend these cases when they are filed.
We have a long track record of successes for our clients in these matters.
Goodwin has one of the most well-respected and successful securities litigation practices in the United States. We defend our leading medical device, biotechnology and pharmaceutical clients aggressively in high profile securities class actions, shareholder derivative cases, and M&A litigation. Our securities litigators scrutinize and advise on our clients’ public disclosures long before any litigation is filed for compliance with federal securities laws and to allow our clients to assess and reduce litigation risk. If and when securities class actions are filed, we defend our clients aggressively, often getting these cases dismissed at the earliest juncture.
Our securities litigators also represent publicly traded clients in M&A litigation in state and federal courts across the country. Our team regularly represents companies, boards, directors, officers and their financial advisors in M&A litigation, and has achieved success in both ensuring deal certainty and disposing of these lawsuits. Our securities litigators are critical members of the transaction team early in and throughout the board’s process, advising on fiduciary obligations in the sale process, merger terms, transaction-related disclosures, and any litigation that may (and often does) follow.
Many shareholder class action and shareholder derivative cases proceed side-by-side with investigations by the SEC’s Enforcement Division, one or more state Attorneys General, FINRA or other regulatory bodies, and/or the Department of Justice. Our securities litigators and white collar and healthcare fraud litigators regularly handle such parallel proceedings, working as a team with our clients to navigate these complex and high-risk situations.
Allegations of False Claims Act (FCA) violations pose a significant threat to many corporations, especially those in the healthcare industry. State attorneys general are conducting more frequent investigations and asserting claims under state laws modeled around the federal False Claims Act, and more qui tam actions are being filed each year as the opportunity for and incidences of significant whistleblower monetary awards increase.
Goodwin regularly represents pharmaceutical companies, medical device companies, manufacturers of durable medical equipment, hospitals, health care delivery organizations, medical laboratories, nursing homes, medical clinics, and their officers, directors, and employees in complex criminal fraud investigations, criminal proceedings and prosecutions, and civil and qui tam litigation.
We have extensive experience defending clients in health care fraud investigations brought by the Department of Justice, state Attorneys General, the U.S. Department of Health and Human Services, the Food & Drug Administration, the Federal Trade Commission, and a number of other government agencies. These investigations have involved a wide range of health care fraud allegations, including Medicare, Medicaid, and insurance carrier fraud; kickbacks; off-label promotion of products; violations of the Food, Drug and Cosmetic Act; HIPAA violations; and nursing home abuse. We also conduct internal investigations into potential health care fraud for our clients and assist them in designing compliance programs.
Succeeding in the life sciences industry is as much about strategy and execution as it is about research and development. And with the breakneck pace of technology disrupting industries on a global scale, Goodwin’s depth of experience not only in the life sciences space, but also in collaboration with our technology, healthcare, real estate and private equity lawyers, makes our team exceptionally suited to address whatever the future brings. We partner with clients to embrace the promise and potential of innovation to make a profound and lasting impact.
Lawyers in our life sciences practice are deeply experienced in corporate governance, financing and M&A transactions, collaborations and licensing, regulatory matters, and intellectual property law. We understand the challenges of securing funding, safeguarding intellectual property, establishing partnerships, bringing new products to market, opening up new revenue streams, and protecting existing product lines. As part of our interdisciplinary approach, we collaborate with lawyers in our patent litigation, products litigation, privacy and cybersecurity, employment and tax practices to protect client interests and to advocate on their behalf.
In order to survive and thrive, emerging-growth biotech and specialty pharmaceutical companies depend on the ability to strategically develop, exploit and monetize their intellectual property and product portfolios. Goodwin’s licensing and partnering practice does just that. We offer unmatched counsel and a deep bench of talented lawyers located in biotech, medical and scientific innovation centers throughout the United States.
Forming, operating and financing an emerging life sciences company can be challenging and time consuming. The experienced lawyers on Goodwin’s Life Sciences team can help guide you through these matters in addition to the varied legal issues that emerging life sciences companies face, allowing you to focus on your core business. With the breakneck pace of technology disrupting industries around the world, and in a highly competitive and fast-paced market, our team has unparalleled experience partnering with emerging life sciences companies – from formation through financing to an exit event. In just the last three years the Goodwin Life Sciences team has advised life science companies on over 170 life sciences equity financing deals alone. Our team takes the time to get to know and understand you and your business so that we can better advise you.
Intellectual property protection is a crucial component for all life science companies. Our life sciences patent lawyers, patent agents and technical staff help assure that the best intellectual property strategy is in place to position and secure intellectual property protection, including patent protection, of our client’s core technology and lead therapeutic moieties, including small molecules, biologics, formulations, delivery systems, companion diagnostics, and medical devices. We have extensive experience in providing intellectual property diligence and assessment of patent landscapes to assist our clients, including operating companies, investors and financial institutions in connection with funding events, including public offerings and private financings, and to solidifying intellectual property positions for acquisition or other exit strategies.
When a company is faced with a securities class action or shareholder derivative litigation, they need a partner who understands what is at stake and can think outside the box to achieve resolution. Goodwin’s deep experience, creative thinking and tenacity has led to our involvement in precedent-setting securities cases in courts across the country. The results we achieve are best of breed and have helped shape the law nationally, including outright dismissals of billions of dollars in putative class action and shareholder derivative claims. Our cases range from defending high tech and biotech companies in class action securities fraud litigation brought following restatements of earnings or the release of bad business news, to resolving shareholder derivative challenges, to multibillion dollar mergers and acquisitions.
Succeeding in the life sciences industry is as much about strategy and execution as it is about research and development. And with the breakneck pace of technology disrupting industries on a global scale, Goodwin’s depth of experience not only in the life sciences space, but also in collaboration with our technology, healthcare, real estate and private equity lawyers, makes our team exceptionally suited to address whatever the future brings. We partner with clients to embrace the promise and potential of innovation to make a profound and lasting impact.
Lawyers in our life sciences practice are deeply experienced in corporate governance, financing and M&A transactions, collaborations and licensing, regulatory matters, and intellectual property law. We understand the challenges of securing funding, safeguarding intellectual property, establishing partnerships, bringing new products to market, opening up new revenue streams, and protecting existing product lines. As part of our interdisciplinary approach, we collaborate with lawyers in our patent litigation, products litigation, privacy and cybersecurity, employment and tax practices to protect client interests and to advocate on their behalf.
In order to survive and thrive, emerging-growth biotech and specialty pharmaceutical companies depend on the ability to strategically develop, exploit and monetize their intellectual property and product portfolios. Goodwin’s licensing and partnering practice does just that. We offer unmatched counsel and a deep bench of talented lawyers located in biotech, medical and scientific innovation centers throughout the United States.
Forming, operating and financing an emerging life sciences company can be challenging and time consuming. The experienced lawyers on Goodwin’s Life Sciences team can help guide you through these matters in addition to the varied legal issues that emerging life sciences companies face, allowing you to focus on your core business. With the breakneck pace of technology disrupting industries around the world, and in a highly competitive and fast-paced market, our team has unparalleled experience partnering with emerging life sciences companies – from formation through financing to an exit event. In just the last three years the Goodwin Life Sciences team has advised life science companies on over 170 life sciences equity financing deals alone. Our team takes the time to get to know and understand you and your business so that we can better advise you.
Intellectual property protection is a crucial component for all life science companies. Our life sciences patent lawyers, patent agents and technical staff help assure that the best intellectual property strategy is in place to position and secure intellectual property protection, including patent protection, of our client’s core technology and lead therapeutic moieties, including small molecules, biologics, formulations, delivery systems, companion diagnostics, and medical devices. We have extensive experience in providing intellectual property diligence and assessment of patent landscapes to assist our clients, including operating companies, investors and financial institutions in connection with funding events, including public offerings and private financings, and to solidifying intellectual property positions for acquisition or other exit strategies.
When a company is faced with a securities class action or shareholder derivative litigation, they need a partner who understands what is at stake and can think outside the box to achieve resolution. Goodwin’s deep experience, creative thinking and tenacity has led to our involvement in precedent-setting securities cases in courts across the country. The results we achieve are best of breed and have helped shape the law nationally, including outright dismissals of billions of dollars in putative class action and shareholder derivative claims. Our cases range from defending high tech and biotech companies in class action securities fraud litigation brought following restatements of earnings or the release of bad business news, to resolving shareholder derivative challenges, to multibillion dollar mergers and acquisitions.