Editorial: Life Sciences

01 July 2008

This marks the first time Who's Who Legal has specifically focused on life sciences law. The high levels of activity in this sector and resultant interest among law firms in pharmaceutical and bioscience law prompted us to research the area in greater depth.

Most Highly Regarded Individuals - Global
LawyerFirm
Ian Dodds-SmithArnold & Porter LLP, London
Trevor CookBird & Bird LLP, London
Kate MurashigeMorrison & Foerster LLP, San Diego
Stephen SingerWilmer Cutler Pickering Hale And Dorr LLP, New York
Richard KinghamCovington & Burling LLP Washington DC
Rowan FreelandSimmons & Simmons, London
John WilkinsonReed Smith Richards Butler, London
Peter SafirCovington & Burling LLP, Washington DC
Pierre VéronVéron & Associés, Paris
Wolfgang Von MeibomBird & Bird, Dusseldorf

This publication gathers together practitioners from a range of legal fields. Several experts in intellectual property are identified, along with those who specialise in regulatory, competition and corporate work as well as product liability defence matters. Many of the featured lawyers also have a scientific qualification alongside their legal credentials, and the individuals we feature represent clients such as bioscience companies, research-based and generic drugs companies, hospitals, research institutions and biotechnology companies.

Over the next few pages we will highlight the firms with the strongest presence in this area, and the individuals who lead in the field of life sciences law.

LEADERS IN IP

Bird & Bird's formidable reputation for intellectual property law precedes it - the firm is a previous winner of Who's Who Legal's ‘Trademarks Law Firm of the Year' award - so it is no surprise to see it so well represented in this edition. Fourteen partners are included from six jurisdictions, with two among the most highly regarded worldwide. The firm has an integrated international life sciences group, and recent engagements have included advising European pharmaceutical company Archimedes Pharma on its acquisition of Link Holdings as well as successfully representing Allergan in its dispute with Klein Becker over the Botox brand. Trevor Cook is three time winner and current holder of Who's Who Legal's ‘Patent Lawyer of the Year' award, and he leads a contingent of five from the London office. With a degree in chemistry, he "truly understands the issues and is a real asset to his clients". His expertise in both the regulatory and IP spheres is "of the very highest class", and he takes a place among the most highly regarded individuals worldwide. He is joined in our book by four further colleagues from the UK capital, and each was picked out for their "uniformly excellent" IP work in this sector. Neil Jenkins, Gerald Kamstra and Morag Macdonald all build on their previous selection in The International Who's Who of Patent Lawyers, and they are joined by Sally Shorthose, who has been at Bird & Bird since 2006. A former legal director of Novartis UK and senior legal adviser at ICI/Zeneca, she brings "valuable insight to a range of issues". Elsewhere in Europe, the "immensely well-known and widely respected" Wolfgang von Meibom in Düsseldorf appears; he joins Cook on our shortlist of elite life sciences lawyers. His "outstanding technical expertise" in biotech and pharmaceutical related patent cases was repeatedly drawn to our attention. From the same office, Ina vom Feld was praised for her regulatory and her IP work. The firm's office in Milan is "particularly fine for this type of work", and three partners appear in the following pages, led in the voting by the founding partner of the Milan office Massimiliano Mostardini. Bird & Bird's impressive European presence is underlined by the inclusion of Bruno Vandermeulen, who was picked out for his "first-class technical knowledge".

The firm also performed strongly in our Asia research. Beijing-based Grace Chen's pharmaceutical IP work earns her a place among the leading lawyers in China, while Bird & Bird is also the only firm with multiple representatives in the Hong Kong list. Matthew Laight is managing partner of the Hong Kong and Beijing offices, and was picked out for contentious work as well as commercial agreements relating to clinical trials, joint promotion, marketing and development. Alongside him, Alison Wong's contentious practice also drew praise from our sources.

Howrey LLP is another firm with a formidable IP pedigree - it is the current holder of our ‘Patent Law Firm of the Year' award and is recognised worldwide for its "outstanding depth of knowledge" and the "uniform excellence of its lawyers" in this field. This translates into a similarly strong showing in this book: 11 partners are featured in five countries across Europe. In recent years the firm has successfully represented Boston Scientific in a patent infringement case against Medtronic, as well as Monsanto in separate patent disputes with Bayer CropScience and Syngenta Seeds. Benoît Strowel is head of the European IP practice and one of three partners from Brussels that we identify. An "outstanding" patent litigator, Strowel represented Bayer and Talecris in a multi-jurisdictional dispute against Baxter, as well as successfully representing Abbott Laboratories in a patent dispute against a series of generic producers. Maarten Meulenbelt was repeatedly commended for his competition and regulatory work, and has represented Pfizer, MSD, AstraZenica and Altana Pharma in recent years. Howrey boasts an even larger contingent in our London list, where Mark Hodgson is the most highly recommended of four Howrey partners. He was praised for his "phenomenally good" counsel to pharmaceutical, medical device and biotechnology clients in patent cases, and his regulatory, product liability and parallel importation expertise was also noted. The London office was strengthened by the January 2008 lateral hire of Marjan Noor from Taylor Wessing, who was highly commended in both patent and regulatory spheres. The "legendary" Willem Hoyng is managing partner of Howrey in Europe and one of the Netherlands' most highly regarded individuals. He is joined by highly rated patent litigator Bart van den Broek. Joachim Feldges gives the firm a presence in the Germany research, where he is "particularly well thought of; clients love him," and Marina Cousté is among the most highly rated life sciences lawyers in France.

Covington & Burling LLP matches Howrey's figures: 11 partners make the grade. Lawyers from the firm's life sciences industry group have represented a coalition of vaccine and drug manufacturers in legislative proceedings, assisted trade associations in negotiating new legislation to govern emerging technologies and handled transactions for pharmaceutical and biotechnology clients such as Abbott Laboratories, AstraZeneca, GlaxoSmithKline, Pfizer, Merck and Wyeth.

The majority of the firm's contingent is based in the DC office. Senior counsel Peter Barton Hutt was chief counsel for the Food and Drug Administration from 1971 to 1975, and while at the FDA he drafted the legislation that became the Medical Device Amendments of 1976. He was also involved in the drafting of most of the major legislation amending the Federal Food, Drug, and Cosmetic Act. "Very well known with a huge reputation", Hutt is considered to be "one of the leading regulatory lawyers in the country" by our sources. Peter Safir is co-chairman of the firm's food and drug practice group and a "terrific regulatory lawyer". He has represented clients such as Johnson & Johnson and Pfizer in the obtaining of pediatric exclusivity and he is also known for his work relating to internal investigations for clients as well as the defence of enforcement actions in the marketing and manufacturing areas. Alongside him, Ellen Flannery also co-chairs the group, and is "absolutely top tier" in the eyes of her peers; "her FDA related work is of the highest class". The "profoundly impressive" John Hurvitz co-chairs the life sciences industry group from the DC office, where fellow nominee
Ethan Posner practises. James Snipes in California is also "very highly thought of".

Covington & Burling serves as national coordinating counsel for Hoffmann-La Roche and the Consumer Healthcare Products Association, among others, in product liability litigation and the "brilliant" Richard Kingham's skills in this area were repeatedly brought to our attention. He has acted for most of the major pharmaceutical manufacturers and biotechnology companies in the United States and Europe, as well as various trade associations, and was commended by our UK sources for his work on behalf of a US medical device manufacturer in successful litigation in the English High Court. Covington also gains two listings in the London research. Anne Ware's product liability work was repeatedly recommended, while James Beery is senior of counsel to the firm and offers clients the benefit of his expertise as former senior vice president and general counsel of GlaxoSmithKline. The Brussels office provides two more names for our list; Peter Bogaert is a "regulatory guru under both EC and national laws", while David Hull is head of the EU competition practice and regarded as the "best in Belgium for IP and competition matters" - he has represented clients such as Eli Lilly, Procter & Gamble, AstraZeneca, Gilead Sciences and GPC Biotech in the past.

The ten featured partners from Lovells mark it out as a top ranking firm in this area, with clients ranging from large pharmaceutical companies to medical device companies and investment banks and private equity houses investing in the sector. Commended for both contentious and non-contentious work, the firm gains listings in six countries throughout Europe. Three are based in London, with the "very strong" John Meltzer among the most highly regarded individuals in the area. Head of the firm's product liability team, he acted for the leading manufacturer of the MMR vaccine in the defence of an English product liability group action. Nicholas Macfarlane's IP work in this field is much respected, as is that of Robert Anderson. Three further partners from the firm appear in the Germany section. Andreas von Falck's patent dispute practice is "formidably impressive", and he has represented Akzo-Nobel, Bristol-Myers Squibb and Merck. Ina Brock is said to be "one of the best product liability lawyers in the world" and was responsible for the coordination of criminal and civil litigation in Europe relating to contaminated blood products. Lawyers from the firm also appear in the Italian, Polish and Hong Kong research, while Bert Oosting is head of the intellectual property and information technology group, as well as the pharmaceutical group, in the Amsterdam office and he is "phenomenally well respected".

US FIRMS


Arnold & Porter LLP's presence among the leading firms in this sector is due in no small part to the outstanding performance of Ian Dodds-Smith. Co-head of the firm's food, drug and medical devices practice group and the head of its European product liability practice group, he was described as "the king of life science law" and "the finest regulatory lawyer in Europe". He has represented clients such as Bayer, Du Pont, SmithKlineBeecham and Monsanto in product liability matters, and his UK and European regulatory work was repeatedly recognised as "the best around". The London office is also home to Lincoln Tsang, who brings expertise as both a lawyer and registered pharmacist. The remaining six lawyers to feature are based in the US, with five in DC - the Washington office is "a veritable brains trust of regulatory expertise". Senior counsel William Vodra is deemed to be "as good as it gets", and served as the associate chief counsel for drugs for the US FDA, and as assistant chief counsel for the DEA before joining the firm. Another FDA alumni, former associate chief counsel for drugs, associate chief counsel for enforcement and attorney in the office of chief counsel Donald Beers was praised for his "first-class" litigation practice, in addition to his regulatory knowledge, while Arthur Levine is a former FDA deputy general counsel for litigation with "encyclopedic knowledge". Robert Weiner was hailed as a "superb litigator" while David Marsh stood out for his IP practice. The firm's presence extends to California, where former associate general counsel of American Home Products Corporation (now Wyeth) and vice president of Wyeth Pharmaceuticals Ellen Reisman stands out for her products liability pedigree.

All eight lawyers from Sidley Austin LLP we identify are based in the US. Washington, DC's Scott Bass heads the global life sciences team and is regarded as "the cream of the crop" for FDA enforcement and regulatory issues. Daniel Troy is former chief counsel of the FDA and a "fantastically skilled litigator", while "health-care guru" Paul Kalb heads the firm's practice in that area and counts Bayer, Eli Lilly and Genentech among his clients. A further trio appear from the firm's home office in Chicago. The "wonderful" Sara Gourley stood out for her products liability work in the pharmaceutical, medical device and blood products sectors, while Michael Davis heads the products liability and mass tort group and is a "major player in this field". From the same office, David Pritikin chairs the firm's national intellectual property practice and is particularly highly rated. With further representatives in California through the "excellent" Debra Pole, and in New York in the shape of Thomas Beck, the firm is "undeniably one of the best in the US for all types of life science work".

Since the turn of the century, Morrison & Foerster LLP has represented life sciences clients in more than 100 venture capital financings, as well as more than 500 clients in IP matters and has completed over a hundred public finance and M&A transactions in the sector. This level of activity is reflected by the inclusion of seven lawyers in the following pages, divided between the US and UK. Kate Murashige is a senior partner in the San Diego office and one of the most highly regarded individuals in the research worldwide. "One of the big names in biotech", she is co-chair of the firm's patent group and has represented QLT, Scios, Pentech Pharmaceuticals, the University of California and Kosan Biosciences in connection with patent transactions, as well as Sanderling Biomedical Venture and HIG in due diligence matters and Agensys in drafting and obtaining approvals for its applications for patents relating to cancer treatment technology. Gladys Monroy is a senior partner in the Palo Alto office and a "formidable IP lawyer", particularly in relation to patents and technology transfer agreements. Jonathan Dickstein co-chairs the life sciences group from the San Francisco office, and is "one of the pre-eminent deal guys in California" having represented Astellas Pharma in its $815 million collaboration and licence agreement with FibroGen, as well as GlaxoSmithKline in the divestiture of Affymax Research Institute and Tanox in connection with negotiation of a three-way collaboration with Novartis and Genentech. From the same office, Rachel Krevans is "extremely well regarded" for her patent controversy practice. In London, Julian Thurston is the managing partner and one of the most highly regarded individuals in the country. He was strongly recommended for his representation of biotech clients in IP licensing and strategic partnering matters. James Gubbins is well respected, while Paul Claydon heads the corporate practice and was recognised for his specialisation in IPOs in this sector, having represented Intercytex Group, ReNeuron Group and Ardana in this respect.

Six of the seven partners to appear from Morgan Lewis & Bockius LLP are based in the United States. Kathleen Sanzo leads the FDA/health-care regulation practice. Another DC lawyer with a background at the FDA, she is "profoundly knowledgeable on all aspects of regulatory and compliance". Stephen Paul Mahinka chairs the interdisciplinary life sciences group at the firm and was fêted both for his health-care regulation work and also for his "top drawer" antitrust practice. The firm also appears in the NY and NJ research, with two further representatives in Philadelphia; James Pagliaro and John Dodds both picked out for their litigation excellence.

Lawyers from Wilmer Cutler Pickering Hale and Dorr LLP appear six times in the US research, and the firm is "exceptionally well versed in this sector" with clients such as Biogen Idec, Infinity Pharmaceuticals, Wyeth and Syngenta. The practice co-chairs David Redlick and Steven Singer scored highly; Redlick is "very good and extremely smart", picked out for his work on the IPOs of Emergent BioSolutions, Cynosure and Eyetech Pharmaceuticals as well as various follow-on equity offerings and debt offerings in this sector. His M&A and corporate collaboration work also attracted admiring comment. His co-chair Singer is an "exceptional lawyer". The chair of the technology transactions and licensing practice group, he counts Novartis Pharmaceuticals, Millennium Pharmaceuticals and PTC Therapeutics among the clients he has worked with and is known nationally for his representation of Achillion Pharmaceuticals in its 2007 IPO. William Lee is co-managing partner of the firm and "one of the leading patent litigators in the States" in the eyes of our sources - he was lead trial counsel in several cases between Broadcom and Qualcomm and his peers have "huge respect for his courtroom work". Further lawyers from the New York, Boston and DC offices underline this firm's excellent profile in all aspects of life sciences work.

Several US firms gained five listings in the following pages. Jones Day's quintet is spread between the States, Germany and Hong Kong and the firm has represented Celgene, MedImmune, Hoffmann-La Roche and Genentech in recent years. Laura Coruzzi chairs the practice from the New York office and scores highly in the research - she is regarded as "undoubtedly top tier for patent procurement, counselling and litigation". Reed Smith's life science and health industry practice group comprises 200 professionals and appears in the US, France and England research. In London, John Wilkinson is regarded as "truly excellent for commercial agreements" and attracted praise for his work across the spectrum of transactional matters internationally. Michael Brown chairs the group from the Los Angeles office, and is "very strong for product liability disputes in this sector".

Hogan & Hartson LLP is a "standout firm" and boasts that more than 3,100 life sciences companies, trade and industry associations, academic institutions and hospitals have sought its counsel. Its "hugely impressive regulatory practice" is reflected by the presence of four partners in the DC listing. Robert Brady is an "extraordinary attorney" and co-director of the pharmaceutical and biotechnology group. Jonathan Kahan holds a similar position in the food, drug, medical device, and agriculture group and is a "five-star lawyer" and an "FDA guru". Edward Korwek is co-director of the life sciences group and is also well regarded.

Regulatory boutique Hyman Phelps & McNamara is another firm capable of supplying "in-depth and extraordinarily high-quality FDA advice". The firm's presence in this publication is led in the voting by two named partners. Paul Hyman is "still the main man" in the eyes of our sources, and James Phelps was also much recommended.

Kaye Scholer LLP's Leora Ben-Ami is a "responsible attorney and a valuable ally", her IP litigation practice earning recognition as one of five featured partners from the New York office - a contingent numerically unmatched by any other firm. Companies such as AstraZeneca , Baxter International, GlaxoSmithKline and Pfizer have looked to Dechert LLP for counsel in the past, and its quintet is split between the US and France. Diane Sullivan in New Jersey impressed respondents with her product liability litigation practice, and co-managing partners of the Paris office Alain Decombe and the "very well recognised" Jonathan Schur both gained inclusion in the France section. Schur counts Allergan, Wyeth, Merck and Pfizer among his clients.

All five partners from Cooley Godward Kronish LLP on our list are based in California - a contingent greater than any other firm in the state. National head of the life sciences practice Barbara Kosacz is a "stand-out lawyer". Alongside her in the Palo Alto office Bob Jones was strongly recommended and hailed as a "class above in terms of reputation and experience".

EUROPE


UK firm Simmons & Simmons is one of the leading figures in the European research, and its representation also extends to Asia. The firm works for three-quarters of the 20 largest global pharmaceutical companies, and counts GSK, Sinclair Pharma, Alliance Medical and Procter & Gamble Pharmaceuticals among its clients. Four of its seven listed lawyers are based in London, with Rowan Freeland earning a place among the most highly respected individuals in the world. His intellectual property practice is "the envy of many", particularly on the contentious side; he represented GSK in two successful applications for interim injunctions, three full appeals and three interim appeals, as well as assisting in the coordination of parallel litigation in several European countries. Freeland is "rightly recognised as one of the principle authorities in the field". His colleague Kevin Mooney is also renowned for his IP work on behalf of GSK supervising patent expiry issues relating to Seroxat and acting for the company in patent proceedings relating to Advair/Seretide. Jacques-Antoine Robert is "one of the leading authorities in France" recognised for his regulatory, transactional and litigation work - his product liability contentious work stood out. With further representation in Italy and in Hong Kong through the recently relocated Charles Mayo, Simmons & Simmons can boast a "truly impressive breadth and depth of knowledge".

Freshfields Bruckhaus Deringer is similarly well represented in the European research, with six partners listed. Peter Hendrick is one of the most heavily nominated individuals in the Dutch research with sources commenting on his "extremely effective" patent litigation. The "incredibly bright" Peter Chrocziel heads the firm's patent litigation practice in Germany and is similarly well regarded, and he is joined by "rising star" Frank-Erich Hufnagel who was commended on both the contentious and non-contentious sides. The firm's presence is bolstered by two nominees in the Austria research, while Justin Watts in London is well regarded for his international patent litigation and counts Abbott Laboratories and Texas Instruments among his clients.

Allen & Overy LLP, another member of the UK Magic Circle, earns five places on our European lists. Colleen Keck and Nicola Dagg in the London office are highly rated, and Pierre Lenoir is a "first-class patent litigator" based in Paris, where he appears alongside Olivier Freget. Marta Sendrowicz represents the firm in the Poland section of our book. Taylor Wessing LLP is another firm with a quintet of European leaders. Wolfgang Rehmann is "one of the most respected experts in Germany", and he is joined by four partners from A&O's London office. Simon Cohen's patent litigation work for clients such as Amgen, Johnson & Johnson and Merck Generics drew praise; James Marshall was viewed as a "top-notch IP lawyer".

Elsewhere in Europe, Pierre Véron of Véron & Associés "sets the benchmark" with his "fantastic patent work in this field", and Constant van Nispen of De Brauw Blackstone Westbroek leads the Dutch research with an equally impressive IP pedigree. Peter-Ulrik Plesner holds a "unique position" at the head of the Danish research, and "must be on any list of the top lawyers on the continent", and Rainer Hilli dominates the Finnish research as one of two featured partners from Roschier, Attorneys Ltd. Staying in Scandinavia, Ulf Dahlgren of RydinCarlsten Advokatbyrå AB is "very skilled in this area" and stands out in Sweden.

CANADA AND WORLDWIDE


The Canadian legal market provides 28 individuals for our list. The leading firm is Ogilvy Renault LLP with six lawyers in our book, and was praised for its work across the IP, commercial, employment and disputes sectors. The firm represented Atrium Innovations in the sale of two divisions to AXA Private Equity for over US$166 million and Merck in the successful defence of the patent for Lisinopril. Judith Robinson and Patrick Kierans were both involved in the latter case. Robinson is Montreal chair of the IP group and "clearly one of the best around", while Kierans is similarly well regarded as being "in the top-tier of IP litigators in Toronto". The "excellent" Penny Bonner chairs the team and "knows all there is to know about regulatory law", while Brian Gray's "exceptional IP litigation practice" also stands out. William McNamara was hailed for his products liability work in this field, and completes the contingent from this "wonderful firm".

Other firms to stand out in the Canada research include Gowling Lafleur Henderson LLP, whose four featured lawyers include "formidable" IP litigator Anthony Creber, who counts Eli Lilly, GSK, BMS, Schering-Plough, Novartis, Janssen-Ortho and Sanofi among his clients. Smart & Biggar/Fetherstonhaugh also has four of its partners in the final reckoning, Gunars Gaikis leading the quartet from this "superlative IP boutique".

Davies Collison Cave Solicitors is home to the two most highly nominated individuals in the Australia research; recent addition to the firm Ian Pascarl works alongside Richard Jarvis. Finally, our Asia research identifies Eiji Katayama of Abe Ikubo & Katayama in Japan as regarded as the "stand-out practitioner in the country".