Four Decades for Justice
Cravath represents some of the largest and most highly regarded companies in the healthcare and life sciences industries, providing counsel on a variety of corporate and litigation matters across the entire global innovation marketplace. We have played a leading role in critical and complex matters that have defined these industries, creating long‑standing client relationships and enhancing our ability to handle the unique matters in these sectors.
Our corporate lawyers have steered some of the largest and most significant U.S. and non‑U.S. transactions in the healthcare and life sciences industries. We have advised a full spectrum of companies, from biotechnology startups to established healthcare and life sciences companies, in connection with transactions ranging from complex collaboration agreements to a wide variety of acquisitions and divestitures of companies and businesses. Clients also rely on our financing expertise as well as our experience in navigating risks and strategies related to environmental, social and governance (“ESG”) issues.
Our litigators have an extensive understanding of substantive issues coupled with deep trial experience and have litigated numerous matters in the healthcare and life sciences areas. We have handled matters for pharmaceutical, healthcare services and medical device companies, including antitrust litigation and regulatory clearance, class actions, shareholder derivative and securities suits, breach of contract and licensing disputes and arbitrations. Our experience also extends to the field of biotechnology, with particular expertise navigating the biologics and biosimilars landscape.
Intellectual property issues are critical for many of our clients in these sectors. We have significant expertise across a broad range of intellectual property issues including strategic counseling, complex intellectual property litigation, review and analysis in developing and optimizing intellectual property rights, patents, licensing and portfolio development and exploitation.
Our corporate lawyers have steered some of the largest and most significant U.S. and non‑U.S. transactions in the healthcare and life sciences industries. We have advised a full spectrum of companies, from biotechnology startups to established healthcare and life sciences companies, in connection with transactions ranging from complex collaboration agreements to a wide variety of acquisitions and divestitures of companies and businesses. Clients also rely on our financing expertise as well as our experience in navigating risks and strategies related to environmental, social and governance (“ESG”) issues.
Our litigators have an extensive understanding of substantive issues coupled with deep trial experience and have litigated numerous matters in the healthcare and life sciences areas. We have handled matters for pharmaceutical, healthcare services and medical device companies, including antitrust litigation and regulatory clearance, class actions, shareholder derivative and securities suits, breach of contract and licensing disputes and arbitrations. Our experience also extends to the field of biotechnology, with particular expertise navigating the biologics and biosimilars landscape.
Intellectual property issues are critical for many of our clients in these sectors. We have significant expertise across a broad range of intellectual property issues including strategic counseling, complex intellectual property litigation, review and analysis in developing and optimizing intellectual property rights, patents, licensing and portfolio development and exploitation.
Deals & Cases
September 11, 2023
Cravath represented Amgen, one of the world’s largest biopharmaceutical companies, in successfully defending against a Federal Trade Commission (“FTC”) challenge to Amgen’s pending $27.8 billion acquisition of Horizon Therapeutics (“Horizon”)—securing a consent order on September 1, 2023 that The Wall Street Journal described as “a rare instance” of the FTC “throwing in the towel on litigation.”
Deals & Cases
August 30, 2023
Cravath represented the lead arrangers in connection with senior facilities to finance the pending acquisition of Palex Medical by funds advised by the private equity firms Apax Partners LLP and Fremman Capital. Palex Medical is a leading provider of high value‑added medical technology equipment and solutions in Southern Europe.
Deals & Cases
August 22, 2023
Cravath represented the underwriter and the dealers in connection with the $1.6 billion registered secondary common stock offering of AmerisourceBergen Corporation in connection with the entrance by Walgreens Boots Alliance Holdings LLC, the selling stockholder, into a prepaid variable share forward transaction. AmerisourceBergen Corporation is one of the largest global pharmaceutical sourcing and distribution services companies, helping both healthcare providers and pharmaceutical and biotech manufacturers improve patient access to products and enhance patient care. The transaction closed on August 8, 2023.
Deals & Cases
August 15, 2023
On August 14, 2023, DRI Healthcare Trust, a global leader in providing financing to advance innovation in the life sciences industry, managed by DRI Capital Inc., announced that it has purchased a second royalty interest in the worldwide net sales of ORSERDU®, the first approved targeted therapy used in the treatment of postmenopausal women or adult men with advanced or metastatic breast cancer who have experienced disease progression despite prior endocrine therapy. DRI Healthcare entered into a purchase agreement with Radius Pharmaceuticals, Inc., a wholly owned subsidiary of Radius Health, Inc. for an upfront purchase price of $130 million. In addition to running royalties, DRI Healthcare is also entitled to receive milestone payments of up to $40 million on the achievement of sales performance thresholds. Cravath represented DRI Capital Inc. in connection with the transaction.
Deals & Cases
August 07, 2023
On August 7, 2023, Tabula Rasa HealthCare, Inc.® (“Tabula Rasa”), a leading healthcare company advancing personalized, comprehensive care for value‑based care organizations, announced it has entered into a definitive agreement to be acquired by Nautic Partners (“Nautic”) for $10.50 in cash per share and will combine with ExactCare Pharmacy, a portfolio company of Nautic. The all‑cash transaction values Tabula Rasa at approximately $570 million, including net debt of approximately $262 million, on an enterprise value basis. Cravath is representing Tabula Rasa in connection with the transaction.
Accolades
September 08, 2023
On September 8, 2023, The Am Law Litigation Daily featured a Cravath team, led by partners David R. Marriott, Timothy G. Cameron and Daniel K. Zach and of counsel Jesse M. Weiss, as “Litigators of the Week” for its successful defense of Amgen, one of the world’s largest biopharmaceutical companies, against a Federal Trade Commission (“FTC”) challenge to Amgen’s pending $27.8 billion acquisition of Horizon Therapeutics (“Horizon”)—securing a consent order on September 1, 2023 that ends all litigation and clears the path for the transaction to close.
Activities & Publications
August 29, 2023
On July 27, 2023, Cravath partner Lauren R. Kennedy was featured in Bloomberg Law’s “They’ve Got Next: 40 Under 40” series, which recognizes “the accomplishments of stellar young lawyers nationwide,” based on their client work, assumption of leadership roles, pro bono commitments and more. In a Q&A, Lauren described her work on a recent victory for client Blue Cross Blue Shield Association (“BCBS”) and member plans in a massive, multi‑district antitrust litigation, in the face of a prior adverse decision. Lauren explained her definition of success as earning a client’s trust and confidence through achieving great results, especially given the long timeline of much of the complex litigation she handles. She noted the influence on her legal career of Cravath partner Karin DeMasi, “by far [her] greatest mentor,” and emphasized the importance of a positive, can‑do attitude when interfacing with clients, aspiring to be “not an interloper who appears for a given litigation, but a true partner in their business and in achieving their big‑picture goals.”
Activities & Publications
August 24, 2023
Cravath partner Margaret T. Segall and practice area attorney Nicole M. Peles authored a chapter entitled “US Merger Control in the Pharmaceutical Sector” for the 14th edition of The Merger Control Review, published as part of The Law Reviews series, which examines recent decisions, strategic considerations and upcoming developments of enforcement trends in different jurisdictions and sectors across the globe. Their chapter examines the Federal Trade Commission’s general review process for pharmaceutical mergers, their approach to merger remedies, and recent updates in their evaluation process.
Accolades
August 15, 2023
On August 14, 2023, the India Business Law Journal named Cravath among the “Significant Players” in its 2023 ranking of the top international law firms for India‑related work. The publication noted the Firm’s work to help “Indian companies navigate US‑related capital raising transactions, M&A, joint ventures, disputes, and related compliance and reporting advice,” and highlighted its representation of Viatris in its acquisitions of Oyster Point and Famy Life Sciences to create an ophthalmology franchise. The Firm was also recognized for its representation of Airspan in its sale of Mimosa to Radisys on a debt‑free, cash‑free basis.
Firm News
August 14, 2023
Between July 28 and August 11, 2023, Cravath advised on nine announced deals, including seven deals in a span of three business days. Cravath is representing:
Deals & Cases
September 11, 2023
Cravath represented Amgen, one of the world’s largest biopharmaceutical companies, in successfully defending against a Federal Trade Commission (“FTC”) challenge to Amgen’s pending $27.8 billion acquisition of Horizon Therapeutics (“Horizon”)—securing a consent order on September 1, 2023 that The Wall Street Journal described as “a rare instance” of the FTC “throwing in the towel on litigation.”
Deals & Cases
August 30, 2023
Cravath represented the lead arrangers in connection with senior facilities to finance the pending acquisition of Palex Medical by funds advised by the private equity firms Apax Partners LLP and Fremman Capital. Palex Medical is a leading provider of high value‑added medical technology equipment and solutions in Southern Europe.
Deals & Cases
August 22, 2023
Cravath represented the underwriter and the dealers in connection with the $1.6 billion registered secondary common stock offering of AmerisourceBergen Corporation in connection with the entrance by Walgreens Boots Alliance Holdings LLC, the selling stockholder, into a prepaid variable share forward transaction. AmerisourceBergen Corporation is one of the largest global pharmaceutical sourcing and distribution services companies, helping both healthcare providers and pharmaceutical and biotech manufacturers improve patient access to products and enhance patient care. The transaction closed on August 8, 2023.
Deals & Cases
August 15, 2023
On August 14, 2023, DRI Healthcare Trust, a global leader in providing financing to advance innovation in the life sciences industry, managed by DRI Capital Inc., announced that it has purchased a second royalty interest in the worldwide net sales of ORSERDU®, the first approved targeted therapy used in the treatment of postmenopausal women or adult men with advanced or metastatic breast cancer who have experienced disease progression despite prior endocrine therapy. DRI Healthcare entered into a purchase agreement with Radius Pharmaceuticals, Inc., a wholly owned subsidiary of Radius Health, Inc. for an upfront purchase price of $130 million. In addition to running royalties, DRI Healthcare is also entitled to receive milestone payments of up to $40 million on the achievement of sales performance thresholds. Cravath represented DRI Capital Inc. in connection with the transaction.
Deals & Cases
August 07, 2023
On August 7, 2023, Tabula Rasa HealthCare, Inc.® (“Tabula Rasa”), a leading healthcare company advancing personalized, comprehensive care for value‑based care organizations, announced it has entered into a definitive agreement to be acquired by Nautic Partners (“Nautic”) for $10.50 in cash per share and will combine with ExactCare Pharmacy, a portfolio company of Nautic. The all‑cash transaction values Tabula Rasa at approximately $570 million, including net debt of approximately $262 million, on an enterprise value basis. Cravath is representing Tabula Rasa in connection with the transaction.
Accolades
September 08, 2023
On September 8, 2023, The Am Law Litigation Daily featured a Cravath team, led by partners David R. Marriott, Timothy G. Cameron and Daniel K. Zach and of counsel Jesse M. Weiss, as “Litigators of the Week” for its successful defense of Amgen, one of the world’s largest biopharmaceutical companies, against a Federal Trade Commission (“FTC”) challenge to Amgen’s pending $27.8 billion acquisition of Horizon Therapeutics (“Horizon”)—securing a consent order on September 1, 2023 that ends all litigation and clears the path for the transaction to close.
Activities & Publications
August 29, 2023
On July 27, 2023, Cravath partner Lauren R. Kennedy was featured in Bloomberg Law’s “They’ve Got Next: 40 Under 40” series, which recognizes “the accomplishments of stellar young lawyers nationwide,” based on their client work, assumption of leadership roles, pro bono commitments and more. In a Q&A, Lauren described her work on a recent victory for client Blue Cross Blue Shield Association (“BCBS”) and member plans in a massive, multi‑district antitrust litigation, in the face of a prior adverse decision. Lauren explained her definition of success as earning a client’s trust and confidence through achieving great results, especially given the long timeline of much of the complex litigation she handles. She noted the influence on her legal career of Cravath partner Karin DeMasi, “by far [her] greatest mentor,” and emphasized the importance of a positive, can‑do attitude when interfacing with clients, aspiring to be “not an interloper who appears for a given litigation, but a true partner in their business and in achieving their big‑picture goals.”
Activities & Publications
August 24, 2023
Cravath partner Margaret T. Segall and practice area attorney Nicole M. Peles authored a chapter entitled “US Merger Control in the Pharmaceutical Sector” for the 14th edition of The Merger Control Review, published as part of The Law Reviews series, which examines recent decisions, strategic considerations and upcoming developments of enforcement trends in different jurisdictions and sectors across the globe. Their chapter examines the Federal Trade Commission’s general review process for pharmaceutical mergers, their approach to merger remedies, and recent updates in their evaluation process.
Accolades
August 15, 2023
On August 14, 2023, the India Business Law Journal named Cravath among the “Significant Players” in its 2023 ranking of the top international law firms for India‑related work. The publication noted the Firm’s work to help “Indian companies navigate US‑related capital raising transactions, M&A, joint ventures, disputes, and related compliance and reporting advice,” and highlighted its representation of Viatris in its acquisitions of Oyster Point and Famy Life Sciences to create an ophthalmology franchise. The Firm was also recognized for its representation of Airspan in its sale of Mimosa to Radisys on a debt‑free, cash‑free basis.
Firm News
August 14, 2023
Between July 28 and August 11, 2023, Cravath advised on nine announced deals, including seven deals in a span of three business days. Cravath is representing:
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