Lalive

Multidisciplinary approach

Areas of practice

BackPharma and Biotechnology

LALIVE has a strong transactional and dispute resolution practice in the pharmaceutical and biotechnology sectors.

The firm's advisory services in these sectors comprise the structuring, financing and negotiation of transactions, including mergers and acquisitions, joint ventures, research & development (R&D) arrangements, technology transfers and other commercial agreements. The firm also advises on the distribution, promotion, marketing and advertising of pharmaceutical and medicinal products, and over the years has developed niche expertise in intellectual property, competition law and regulatory matters.

LALIVE's arbitration specialists advise and represent clients worldwide as counsel and act as arbitrators in proceedings involving complex cross-border transactions and long-term international agreements in the chemical and pharmaceutical industries such as joint ventures, shareholder agreements, sales and distribution agreements, and investment agreements.


Selected Assignments

Advisory:

  • Acting in relation to the setting up of a joint venture with a UK company and a QSTP company for the creation of Qatar's first proteomics research and testing facility for protein use in healthcare
  • Advising a non-European company for the due diligence on a Swiss healthcare industry company, including on sensitive regulatory and corporate issues
  • Advising a leading international scientific organization (with more than 25 member States) which aims to promote molecular life sciences by, inter alia, fostering talented researchers in this field
  • Providing ongoing corporate and regulatory advice to a UK-based technology investment and advisory company in relation to its equity participation in a Swiss-based integrated clinical next generation sequencing (NGS) dry lab services provider supporting bioinformatics analysis, clinical genetics testing and banking of patient deoxyribonucleic and acid (DNA) sequence data
  • Advising a leading company in the pharmaceutical industry in relation to several complex commercial, contractual, consumer and regulatory law matters regarding the licence and distribution of pharmaceutical products in Switzerland

Disputes:

  • Representing a Finnish pharmaceutical company in a dispute over breaches of confidentiality and non-compete obligations relating to an invention and accompanying patents (arbitration under the rules of the Finland Chamber of Commerce)
  • Representing a Swiss pharmaceutical company in an ICC arbitration concerning the non-payment of commissions by a Canadian company in connection with the import of pharmaceuticals products in Middle Eastern countries
  • Representing an Italian pharmaceutical company in an EUR 300.000 dispute with an English pharmaceutical company over the possible recovery of overpayment of an Initiation Licence Fee pursuant to a Licence Agreement
  • Acting as co- arbitrator appointed by one of the largest European pharmaceutical companies in an ICC arbitration against another European drug manufacturer in a USD 200 million dispute over license rights and distribution territories

Publications

Der rechtliche Status der cGMP und der FDA-Guidances im amerikanischen Verwaltungsrecht Leonid Shmatenko, 2016

Arzneimittel und Recht, 2016, pp. 71 -76



Patients’ rights to information, medical secrecy and HIVDeborah Lechtman, Georges Racine, 2015

International Law Office, September 2015



Embryos, research, ethics and policyDeborah Lechtman, Georges Racine, 2015

International Law Office, February 2015



Research involving humans – informed consent Georges Racine, Melina Llodra, 2014

International Law Office, Newsletter, August 2014



Life sciences subsidies exempted from VATGeorges Racine, Corentin Mulkens, 2014

Healthcare & Life Sciences - Switzerland / International Law Office