Over 20 years assisting leading pharmaceutical companies have given our Life Sciences team extensive advisory and trial skills in this specific field of expertise. As a result, our lawyers are all familiar with the actors and issues of the life sciences sector, and they are fully knowledgeable in the applicable laws and regulations as well as in the judicial procedures and protective measures frequently encountered in the field (proceedings in urgent matters, judicial petitions, seizures, etc.)
In addition to pharmaceutical companies, the team’s services are aimed at the many French and foreign actors of the life sciences industry: distributors of pharmaceutical products and medical devices, medical biology laboratories, private hospitals, etc.
The team works mainly in French, English, and German. Heavily involved at all stages of the case, the partners remain in operational control and are responsible for strategic decision-making.
Lmt Avocats’ Life Sciences team has been honoured several times at the annual Law Trophies.
What We Do
Regulations applicable to the life sciences industry:
- We advise life sciences professionals on market access, MA filing and acquisition, and reimbursement procedures.
- We help them define and implement their pricing, promotional, and other policies, especially in regard of the French DMOS act regulating relations between businesses and the medical profession and in regard of the rules applicable to comparative advertising and pricing transparency.
Regulated commercial and industrial contracts:
- We draw up and negotiate file acquisition, licensing, co-marketing, co-promotion, manufacturing and supply contracts.
- We draw up and negotiate distribution and agency contracts as well as contracts for the outsourcing of sales forces.
Assistance to industrial groups and distribution companies with calls for tenders for hospital procurement contracts
Sale and acquisition of pharmaceutical companies or their divisions
Assistance to clients investigated by the French Agency for Competition, Consumers, and the Repression of Fraud (DGCCRF)
Representation of health professionals:
- We represent clients before the civil, commercial, administrative, and criminal courts in unfair competition proceedings and litigation relating to breach/termination of contract (MA assignments, distribution of pharmaceutical products, etc.), trademarks, drugs advertising, as well as to the French DMOS act regulating relations between businesses and the medical profession.
- We represent clients before professional tribunals, the life sciences industry’s Ethics and Mediation Committee (CEMIP), and professional associations’ tribunals.
- We represent clients in matters of medical liability and industrial risk (product liability).
- Representation of several leading European and global pharmaceutical companies before the commercial and arbitration courts in matters of comparative advertising relating to pharmaceutical and veterinary products and medical devices
- Counsel to the managers of the world’s leading ophthalmology company who were acquitted after proceedings initiated by the French Agency for Competition, Consumers, and the Repression of Fraud (DGCCRF) before the French criminal courts on grounds of allegedly granting unlawful benefits to doctors
- Counsel to a Swiss pharmaceutical company in litigation relating to the sudden termination of a promotion contract with a communications agency
- Litigation relating to the interpretation of a minimum order quantity clause in a distribution contract
Company law / Mergers & acquisitions / Reorganisations:
- Counsel to an international pharmaceutical group for the sale of its generic drugs division to a world leader in the field
- Structuration of the capital of one of the leading European biology laboratories in accordance with the regulations applicable to the field of medical biology
- Counsel to the majority shareholder for the sale, opposed by the minority shareholder, of a controlling share in a pharmaceutical group specializing in drug delivery
- Counsel in corporate and employment matters during the reorganisation of a German group
Distribution / Competition:
- Validation of the pricing, commercial, and marketing policies of several leaders in the life sciences industry (compliance programmes)
Industrial risk and medical liability:
- Medical liability litigation