Launching a drug development company with novel technology from academia
Our corporate group has worked with hundreds of entrepreneurs at this stage to help them optimally and efficiently select and form the appropriate legal entity
Projects We Work On
M & A
Overview
If you’re with a science-based company that’s contemplating a strategic deal, you need a team of lawyers who are experienced in combining their business acumen with rigorous attention to legal detail, and an appreciation for the time-sensitive nature of your opportunity.
At Faber, we have an M&A team of senior attorneys with deep experience in stock-based and asset-based acquisitions. We also have a team of senior attorneys with deep experience in partnering transactions for technology platforms and product candidates – and their experience can be critical if your transaction will include structure (that is, earn-out contingent payments based on technology development and commercialization milestones).
Experience
We’ve managed hundreds of M&A transactions, and can leverage this experience to help you design and negotiate a deal that:
- recognizes your company’s present and future worth,
- ensures your appropriate participation in future product development and commercialization, and
- obtains fair treatment for your management and employees.
A senior lawyer will spearhead your deal. Where appropriate, they will call upon colleagues in our licensing and collaboration practice to leverage their skills and experience.
One or more of our senior attorneys will put our industry insights to work for you, working closely with your scientific and business leaders on all aspects of your deal ─ from preliminary discussions through due diligence, bidding and documentation.
Having focused staffing eliminates time-consuming handoffs, is cost-effective and provides the judgment needed for successful transactions. And, we have the depth and breadth to support multiple parallel negotiations if you have an active auction process.
A unique understanding
In addition to traditional mergers and acquisitions, we also have the experience to appropriately and successfully use option based and staged deal structures. Our clients rely on us to provide sound business judgment, 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—and then we design, draft and negotiate appropriate provisions in the definitive agreement.
If the strategic transaction would trigger a change of control of your company, you may need help managing complicated deal processes and coordinating investment bankers, accountants, and regulatory consultants, as well as current investors. If the strategic transaction involves one of your company’s key programs, you’ll need counsel with an intrinsic understanding of your underlying business to help structure a deal that aligns with your strategic priorities.
Related Transactions
Vertex Pharmaceuticals Incorporated
Acquisition of Private CompanyCo-counsel to Vertex on acquisition of ViaCyte, a privately-held biotechnology company that received substantial research funding from the California Institute of Regenerative Medicine
Press Release
DermBiont, Inc. + Chromaderm, Inc.
Private Company AcquisitionDermBiont acquires Chromaderm, Inc.
Press Release
DermBiont, Inc. + SeylanMED, Inc.
Private Company AcquisitionFaber assisted DermBiont with its acquisition of SeylanMED
Press Release
Viridian Therapeutics, Inc.
Acquisition of a Public CompanyCo-counsel to Viridian Therapeutics, Inc. in its reverse merger with miRagen Therapeutics, Inc. (NASDAQ: MGEN)
Website
vivoPharm Pty Ltd. + Cancer Genetics, Inc.
Private Company SaleAcquisition by Cancer Genetics, Inc.
ReveraGen BioPharma, Inc. + Santhera Pharmaceuticals (Switzerland) Ltd + Idorsia Pharmaceuticals Ltd
Assignment, Amendment and Early Option Exercise AgreementsAssignment by Idorsia to Santhera of Idorsia’s option to license ReveraGen’s treatment for DMD in Phase III, and simultaneous amendment of the option agreement to provide for early exercise of Santhera’s option under revised terms
Press Release
Digital Cognition Technologies, Inc. + Linus Health
Private Company SaleFaber assisted in the sale of Digital Cognition Technologies to Linus Health
Proteros Biostructures GmbH + Rodin Therapeutics + Alkermes
Private Company SaleFaber assisted Proteros biostructures GmbH with the sale of its ownership stake in Rodin Therapeutics to Alkermes
Lysosomal Therapeutics, Inc. + Allergan plc
Exclusive Option to Aquire CompanySale to Allergan of exclusive option to acquire LTI following completion of phase IB Clinical Trial
Phenex Pharmaceuticals AG + Janssen
Research CollaborationResearch collaboration for autoimmune and chronic inflammatory disorders
FB2 Services (Florida Biologix) + University of Florida
Spin-out from UniversitySpin-out of biologics manufacturing business (including technology, facilities, equipment, employees and customer contracts) from university and contemporaneous equity financing from Ampersand Ventures
Press Release
AesRx + Baxter (now Baxalta)
Private Company SaleSale of AesRx (with a Phase II sickle cell program) to Baxter Healthcare
Press Release
Alnylam Pharmaceuticals, Inc. + Merck
Private Company AcquisitionAcquisition of Sirna Therapeutics, a wholly-owned subsidiary of Merck
