For many emerging companies in life science, healthcare IT, medical devices or engineering technology, accelerating value creation by collaborating with other industry players is an important business strategy. These collaborations are challenging to structure. You need legal counsel – who thoroughly understand your intellectual property and the technology behind your R&D programs; who are business-savvy and can help create agreements that achieve your financial and scientific goals; and who can represent your interests in situations where your counterparty may be much larger and have greater negotiating leverage than you.
At Faber, we’ve worked with 1000+ clients in life science, healthcare IT, medical devices and engineering technology. We have over a dozen lawyers focusing their practices on handling these kinds of transactions, and our life science practice is among the deepest and most comprehensive in the country. As a result, whatever your opportunity, we’re likely to have a senior lawyer who has recently handled comparable deals involving similar technology, industry segments and client situations … very often with the same counterparties you’re talking to.
Further, many of our lawyers have worked in-house in your industry, giving them practical insight into how a contract will play out in the real world. Several of our professionals have been entrepreneurs and led venture-backed companies.
Our transactional experience includes:
At Faber, most of our attorneys have managed in-house legal departments for Big Pharma, where they launched such partnerships, then managed them throughout their life cycle. Several of us are former entrepreneurs whose business leadership resulted in successful collaborations.
A senior attorney will work closely with your scientific and business leaders to craft a strategic partnership that is “fit for purpose” — optimally designed to achieve your high priority R&D and commercial goals, while respecting your unique risk tolerance for key areas of business. We do this by considering whether each key term:
Because we appreciate that these deals are about forging business relationships, we understand where they can go wrong and how to negotiate terms that will help keep them on track. Based on our operational backgrounds, we’ll help you prioritize issues and account for the details that determine real world success.
Specifically, we also have experience to use appropriately a wide variety of option based and staged deal structures. Our clients rely on us to provide sound business judgment (rooted in deep operational experience), as well as legal advice, to manage or mitigate specific risks and challenges in these structures, such as a change of control or shifts in business and scientific priorities during the full deal lifecycle.
Contact us to learn how we can give your deal the care and timely attention it deserves.