Life Sciences & Technology Companies

Choate has been trusted for decades to serve leading pharmaceutical and biotech companies such as Alnylam, Biogen, Celgene, Editas, Gilead, Ginkgo Bioworks, Momenta and WAVE,  as well as entrepreneurial life sciences investors like Bain Capital Life Sciences, Deerfield Capital, Flagship Pioneering and Third Rock Ventures.

At every stage of the corporate life-cycle from start-up to maturity, we collaborate with our clients to provide strategic counseling that protects core intellectual property assets, navigates key capital inflection points and guides transformative transactions.

Company Formation – We are committed to working with promising start-up life sciences companies. Whether you are an early stage company, an academic looking to spin a promising technology out from a university or other institution or an entrepreneur seeking to develop and commercialize your own new insights, we work with founders and management teams to provide the support, knowledge and guidance necessary to help your company achieve its potential.

IP Strategies - In the life sciences marketplace today, intellectual property can define strategic opportunity or expose a company to considerable risk. Our deep understanding of the underlying science and the patent landscape specific to each discipline makes us a valued advisor for our clients. From crafting IP portfolio strategies in support of our clients’ business goals, to assessing competitive landscapes, Choate works closely with clients to develop aggressive patent strategies and provide sophisticated business-focused advice that help maximize our clients’ commercial success.

Post Grant Proceedings - Our prosecution and litigation teams have developed a unique and collaborative approach to representing clients before PTAB in Inter-Partes Review (IPR) proceedings, Post-Grant Review (PGR) proceedings, and appeals, allowing us to offer our clients “the best of both worlds” management of contentious proceedings with a sophisticated team steeped in the nuances of life sciences, technology, and business in front of the Patent and Trademark Office.

IP Litigation - Enforcing and defending IP right rights is a central driver in the life sciences industry.  In strategic patent litigation, including Hatch-Waxman litigation, post-grant challenges, trade secret disputes and license and collaboration disputes, clients trust Choate to defend their most critical IP assets.  Our IP and IP litigation teams have a uniquely collaborative approach that allows us to offer our clients “the best of both worlds” – prosecution informed and guided by effective dispute strategy and management of contentious proceedings with a deep and technology-sophisticated team that understands both your business and the nuances of life in front of the Patent and Trademark Office.

Blue Chip Investors - Our representation and access to some of the most influential life science-focused venture capital and private equity investors provides clients with a combination of experienced legal guidance and knowledge of potential sources of funding. Our expertise in both worlds provides us with the opportunity to help align clients with a potential partner.

Healthcare Regulatory Compliance - Our healthcare and white collar defense and compliance teams provide regulatory advice and training to numerous life sciences, pharmaceutical and medical device companies on a broad range of matters ranging from off-label marketing concerns to the operation of patient services programs, tracking and reporting of transparency data, data privacy and security to interactions with charitable patient assistance programs.  We also counsel and provide training to numerous academic medical centers and community hospitals on matters implicating state and federal fraud and abuse laws, clinical research activities, allegations of scientific misconduct or grants administration issues, Medicare billing and refunding of overpayment requirements, and general regulatory concerns.

Compliance and Investigations - Complex state and federal regulations can affect day-to-day operations for life sciences companies. Our team works closely with clients on a broad range of compliance matters. We specialize in pre-commercial companies as they look ahead at clinical trials and more mature companies with investigations, prosecutions and civil litigation regarding pharmaceutical sales and marketing practices, regulatory violations and anti-kickback claims.

Licensing and Strategic Transactions - When it's time to grow the company, or pursue a transformative collaboration or seek an exit transaction, Choate is a top choice. Whether through an acquisition, joint venture or collaboration, structured license arrangements, IPO, or recapitalization or return investor capital, we help clients craft, negotiate and execute agreements and transactions that enhance and reflect the value they have created.

Choate has a nationally-recognized practice representing technology and other high-growth companies, such as Cogito, Locus Robotics and ThreatStack as well as the venture, private equity, strategic partners and other firms that invest in them, like Great Hill Partners and Summit Partners. Our lawyers have counseled many hundreds of companies, representing clients in a wide range of industries with footprints across the US and globally.

Our work spans the key issues that are important to tech companies at every stage of their development: from start-up, to commercialization, to going public, to market leadership, to liquidity events.  Of particular note is our preeminent cross-border practice representing non-US companies and investment firms in connection with their US activities, including acquisitions, financings, licenses, IP and strategic partnerships. In addition to our broad experience representing high-growth tech companies, we have particular expertise in the following disciplines.

Company Formation – Our work traditionally begins prior to company formation and advances through the evolution of an emerging company’s life. Our team has strong technical, legal and industry knowledge crucial to guiding early-stage companies during their most critical inflection points.

IP Strategies – New technologies pose numerous challenges and opportunities for rights holders. We are regularly involved in high-profile matters involving the complex intersection of new technological developments and intellectual property law. Our lawyers also provide extensive counseling to rights holders regarding the implications of new technologies.

Post Grant Proceedings - Our prosecution and litigation teams have developed a unique and collaborative approach to representing clients before PTAB in Inter-Partes Review (IPR) proceedings, Post-Grant Review (PGR) proceedings, and appeals, allowing us to offer our clients “the best of both worlds” management of contentious proceedings with a sophisticated team steeped in technology, business, and the nuances of life sciences in front of the Patent and Trademark Office.

Blue Chip Investors – We are annually ranked as one of the most active law firms involved with private equity and venture capital transactions. As a result,  private investment funds regularly turn to us to assist them in their investment activities, including in acquiring, financing, restructuring and disposing of portfolio companies in the technology sector.

Security and Data Privacy – We have assisted clients, from a wide variety of industries within technology, both in implementing programs to help prevent data breaches and in preparing and handling response notifications to federal and state agencies, business partners and customers in the event a breach has occurred.  Members of our team have assisted clients across industries to address numerous state and federal notification requirements based on the inadvertent, but unauthorized release of financial or personal information of customers and other constituencies.

M&A Transactions – Recognizing that no two transactions are alike, we are highly regarded for our experience, judgment and efficiency in strategic transactions for high growth technology companies. We regularly represent acquirers, targets, investment bankers, commercial banks, and sources of finance – including private equity and venture capital funds - in public and private mergers and acquisitions across sectors and geographic regions. Our team has a deep and practical understanding of “what’ s market” having represented diverse US and foreign clients.