Ropes & Gray

Ropes & Gray is a full-service law firm with international capabilities and a robust corporate transactions practice which counts many of the world's top private equity firms like Bain Capital, TPG, and Sequoia as regular firm clients. Life sciences companies the firm has recently assisted in licensing & collaboration and M&A deals include: Allergan, CANbridge Life Sciences, Par Pharmaceuticals, Biogen, and Shire, whom Ropes attorneys represented in its recent $32 billion acquisition of biopharmaceutical company Baxalta. "Ropes is a big player in the industry," says a major competitor of the firm's transactional group, "They do a very good job in M&A transactions and I have lots of respect for them."

Partner Marc Rubenstein works with biotechnology, medical device, and pharmaceutical companies in a range of transactions, recently advising Vertex Pharmaceuticals in its $2.6 billion strategic research and collaboration agreement with CRISPR Therapeutics, and Allergan in its $250 million agreement with Merck that gave Allergan exclusive worldwide rights to a product Merck developed for the treatment and prevention of migraines. Steven Wilcox, a seasoned M&A attorney who counts Amgen, AstraZeneca, Bayer, Pfizer, and Takeda Pharmaceuticals among his many life sciences clients, has also represented medical research institutions such as Massachusetts General Hospital in their life sciences-related commercial endeavors.

Boston-based partner Marko Zatylny is regularly engaged in significant life sciences transactions, which include representations of Pfizer in its roughly $17 billion acquisition of Hospira, and Becton Dickinson and Company in the sale of its BD Rx business to Fresenius Kabi USA. In the latter matter, the two parties signed a 10-year supply and distribution agreement, in which Fresenius Kabi will supply Becton Dickinson with a portfolio of intravenous solutions.

Ropes & Gray is a full-service firm with a highly experienced group of over 200 IP practitioners, among whom are nearly 180 attorneys and 42 PhDs. The firm offers a full range of IP services to clients in the life sciences sector, counting Pfizer, Vertex Pharmaceuticals, Bayer, and CardioNet, as just a few of its many high profile industry clients. Steven Baughman has quickly established himself as one of the premier post-grant proceedings practitioners in the US, appearing in nearly 200 covered business method and inter partes review proceedings since the 2012 institution of the America Invents Act. Baughman's recent representations of life sciences clients in PTAB include the successful institution of two inter partes review petitions filed on behalf of Allergan, granted on the grounds of obviousness and anticipation. He successfully defended Nevro from two IPR review challenges brought by Boston Scientific Neuromodulation Corp., preventing institution of the trials and securing patentability of all 16 of the challenged claims in Nevro's patent.

Anita Varma is co-head of the firm's intellectual property rights management group. She is a prosecution and patent strategy expert who regularly works across international jurisdictions to coordinate the application of patents throughout the globe. Bayer HealthCare has enjoyed Varma's IP counseling work for over ten years, employing her expertise to assist in complex IP transactions, due diligence, patent litigation, and portfolio management strategies in the domestic and global protection of their key consumer health products. Other ongoing client representations include clinical trial advisory work for QLT Inc., a biotechnology company focused on ocular products, and Hatch-Waxman litigation on behalf of Bayer.

Ropes & Gray is a global, full-service firm with the capacity to provide industry clients a complete range of services across the life cycle of any given product. Although Ropes and Gray has reportedly lost a number of key IP litigators of late – a fact repeatedly pointed out by industry peers – the firm maintains a stellar reputation for expertise across regulatory and transactional law, as well as areas of non-IP litigation. Speaking to the broad corporate abilities of the firm, one highly respected peer says, "They are very good. They do mergers and acquisitions transactions for Johnson & Johnson for example, and they do a very good job." Another peer states, "Ropes is a big player in this industry. They do a ton of work for Pfizer and Johnson & Johnson. I have lots and lots of respect for Ropes." Some of the leading corporate and transactional partners responsible for the above-mentioned sentiments are Marc Rubenstein, Marko Zatylny, Steven Wilcox and new star Christopher Comeau – the latter of whom was shortlisted by LMG Life Sciences for the 2016 Finance and Transactional Attorney of Year award. In one high-profile matter of late, Comeau led the firm's representation of Shire in that company's $32 billion acquisition of Illinois-based Baxalta, a leading biopharmaceutical company that produces products used in oncology, hematology and immunology treatment. Rubenstein, representing Vertex Pharmaceuticals, recently led the company through its $2.6 billion strategic research and collaboration agreement with CRISPR Therapeutics. The deal centered around the use of CRISPR's gene editing technology, which is being used to discover and develop possible treatments for underlying causes of genetic diseases. Zatylny serves as co-chair of the firm's energy and infrastructure group, and focuses his practice on advising clients in mergers and acquisitions, capital markets and corporate governance issues. Wilcox, the former chair of the firm's life sciences practice group, has a demonstrated record of success counseling top-name pharmaceutical clients such as Johnson & Johnson, Pfizer and AstraZeneca. On behalf of leading medical research institutions, Wilcox also provides counsel related to the licensing and commercialization of technologies. One satisfied client says of Wilcox, "I wouldn't trade his experience and judgment for anything. When I have a big problem, Steve is right there to help me sort it out."

A distinguishing characteristic of Ropes & Gray is the degree to which the firm's corporate capabilities combine with deep experience in regulatory matters and government investigations. Referring to the firm's ability to navigate companies through complex investigations, one satisfied client says, "Ropes & Gray is one of the leading firms in combining life sciences industry expertise with excellent service in defending companies against government investigations. Their team is broad and deep, and they have shown a terrific willingness to deliver cost-effective service in unique ways." The regulatory practice group is led by Washington D.C.-based Greg Levine, who also serves as co-chair of the life sciences practice group. Levine focuses his practice on life cycle compliance for leading pharmaceutical, medical device and biotechnology clients. Another key regulatory partner is Paul Rubin, who one client says is "exceptionally bright," and "has a grasp of legal rules, regulations, and the legal landscape, and can apply them practically to the current business environment and corporate needs." Speaking to the firm's overall regulatory strength, another client says, "We've been really pleased with Ropes & Gray. They have been instrumental in helping us navigate regulatory compliance situations and assisted us in investigations of significant importance to the company."

As mentioned above, the firm's IP litigation capabilities have reportedly taken a hit. Former partner Bradford Badke, in one notable example, recently departed the firm for Sidley Austin. ne leading industry peer questions the firm's commitment to investing in new litigation hires. Another peer says, "Lots of people are departing Ropes." Regardless of these developments, however, Ropes & Gray's work across non-contentious patent prosecution and strategy and management remains strong. Anita Varma is co-head of the IP rights and management group, and possesses more than 25 years of experience across a wide cross-section of IP law. Varma has for years led the firm's representation of Bayer Healthcare in a variety of matters involving IP transactions, portfolio development and strategy, litigation and due diligence.

A full-service firm, Ropes & Gray garners its most plentiful and vocal acknowledgement in the areas of investigations and antitrust. One peer confirms, "They brought in some people from Arnold & Porter to supplement the practice, and in litigation they are a very major player and a major competitor." Another offers, "Ropes & Gray as a whole are impressive in the life sciences, but, in particular their white-collar work for pharmaceutical companies has been exceptional."

Boston-based Brien O'Connor, a consistent peer mention and an attorney with extensive experience defending health care companies, officers, employees, pharmaceutical and medical device firms, was part of a Ropes & Gray government enforcement team that secured the dismissal of the entire qui tam whistleblower False Claims Act suit against client Stryker Corporation. The whistleblower, an orthopedic surgeon and former Stryker consultant, alleged that the client marketed pain pumps for potentially harmful off-label use, resulting in the submission of false claims to the government. The case was resolved in the client's favor in August 2014. O'Connor was also lead counsel for a pharmacy services provider in an investigation by DOJ and the US Attorney General's office in South Carolina of Omnicare and certain pharmaceutical manufacturers concerning contracts Omnicare had with those manufacturers, and acted as lead counsel in a qui tam action concerning Omnicare's alleged solicitation and receipt of kickbacks from a pharmaceutical manufacturer. Ropes & Gray negotiated a global settlement, which was executed in February 2014.

Mark Popofsky represents Questcor Pharmaceuticals in defending an ongoing action brought by Retrophin arising out of Questcor's acquisition of the rights to the drug Synacthen, a synthetic adrenocorticotropic hormone approved for use only outside of the US, from Novartis AG. Retrophin claims that it attempted to buy the rights to Synacthen and that it planned to obtain FDA approval for Synacthen for indications served by Questcor's HP Acthar Gel.

Ropes & Gray's team of Washington DC-based regulatory lawyers enjoys a stellar reputation for helping industry clients navigate complex FDA matters involving promotional questions, manufacturing, quality and safety, and a host of other compliance-related issues. The regulatory group possesses particularly deep experience in the pharmaceutical and medical device realms, a factor that is further enhanced by the firm's commitment to utilize, when necessary, the transactional and litigation attorneys who specialize in related life sciences industries. One client, speaking to this ability to cross between practice areas, says, "Ropes & Gray is one of the leading firms in combining life sciences industry expertise with excellent service in defending companies against government investigations. Their team is broad and deep, and they have shown a terrific willingness to deliver cost-effective service in unique ways." Another client, emphasizing a similar theme, says, "We get great outcomes from them because of their way of working. It's very collaborative; they are easy to work with, there is a minimum of drama and they are enormously dedicated and seem to have a culture of total client devotion."

Co-chair of the life sciences group, Gregory Levine, heads up the firm's regulatory group and focuses his own practice on life cycle compliance for leading pharmaceutical, medical device, and biotechnology clients. He also has significant experience counseling industry clients on compliance with health care fraud and abuse laws. One peer compliments Levine's "comprehensive and thorough understanding of the industry." Paul Rubin is another standout partner, who one client calls "exceptionally bright," before going on to say, "He has a grasp of legal rules, regulations, and the legal landscape, and can apply them practically to the current business environment and corporate needs." Rubin recently led the firm's successful representation of TRIA Beauty, a manufacturer of aesthetic medical devices, in responding to a Civil Investigative Demand from the Federal Trade Commission, seeking documents and information dealing with claims made in the marketing of the company's products. As a result of Rubin's expertise, TRIA Beauty was able to negotiate a favorable outcome without any enforcement action taken.