Boies Schiller Flexner helps clients across the biomedical and health care sector navigate complex legal issues and achieve their business objectives.
We are problem solvers. Our deep knowledge and wide-ranging expertise regarding the health care industry enable us to work with each client to overcome challenges and build enterprise value. In every scenario, our approach is to align solutions with the issues at hand. Whether our health care team is pursuing litigation strategies, tackling a regulatory issue, developing and managing a communications operation, or staking legislative ground, we are dedicated to pursuing all feasible pathways to success for each of the companies, executives, and organizations we represent.
Our health care clients range from Fortune 500 companies to biotech and medical device start-ups. We help health care providers and insurers assess and form ACOs and other risk-sharing arrangements. We negotiate and receive clearance for mergers and other cooperative arrangements. And we have represented physician groups, ambulatory care centers, third-party administrators, and private and public hospital systems, including academic teaching hospitals.
In litigation, we have represented a variety of major pharmaceutical and medical device companies in commercial litigation and arbitration involving disputes over licensing agreements, co-promotion agreements, and other contract terms, as well as product liability litigation involving prescription drugs and medical devices. For example, we defended Pfizer in a product liability case involving an anti-epileptic seizure drug alleged to increase patients’ risk of suicide; in the first bellwether trial, the plaintiff dismissed its claims with prejudice shortly after a BSF partner presented Pfizer’s opening statement.
We also routinely assist pharmaceutical companies in navigating the intricacies of Hatch-Waxman Act litigation. We currently represent health plan subscribers in landmark antitrust litigation challenging territorial restrictions agreed to by Blue Cross Blue Shield. In a patent infringement case successfully tried for United Therapeutics, our victory resulted in the company’s market cap increasing by more than $1 billion the day the decision was announced. We also have a long record of success in trade secret litigation, including a case in which a medical device manufacturer alleged the misappropriation of secrets by a competitor.
Beyond litigation, we leverage our attorneys’ first-hand knowledge of government agencies—including expertise with the Federal Trade Commission and the Food and Drug Administration – to counsel clients on compliance issues, to develop best practices, and to provide guidance on a wide range of regulatory and policy issues. We also have counseled large health care practices and other providers in major transactions, integrating our firm colleagues with vast experience in the areas of finance, tax, and mergers and acquisitions.
Our experience allows us to provide a full suite of legal services to companies throughout the health care industry to effectively work with our clients on a successful solution.