Bass, Berry & Sims PLC’s Life Sciences Industry Group represents a long list of pharmaceutical and medical device companies facing multiple legal challenges. Our LSI Group provides an extranet site as a key resource to apprise clients of numerous potential causes of action and to provide needed documents. Our practice is predicated on day-to-day communication, which is the cornerstone of client service. Here is a brief summary of the services we offer:
We serve as national counsel, regional counsel, local counsel, discovery counsel, and science counsel on matters ranging from mass litigation to individual cases. As national counsel, we coordinate discovery, collect and analyze the medical literature, coordinate the collection of medical records, and develop a defense strategy with all counsel involved in the case.
As regional or local counsel we work with national or in-house counsel to ensure efficient representation of our clients. We provide significant assets to our clients including access to nationally renowned experts who also work with the leading health care companies headquartered in middle Tennessee. To successfully litigate complex health care and medical matters, we partner with these experts to master the medical literature as it applies to your cases. From this literature, we develop the persistent themes that support successful defense and persuade the fact-finders.
Our clients include pharmaceutical and medical device companies involved in mass litigation. The practice has encompassed more than 2,500 cases, as well as the initial litigation that can so decisively affect the marketing of a disputed product. In both mass litigation and individual cases, we always look for ways to resolve cases early and cost-efficiently.
We represent companies in the life sciences industries in a broad range of transactional matters, including corporate finance, securities, mergers and acquisitions, corporate governance and contractual matters. We represent public and private companies, academic institutions, and research and development organizations in the pharmaceutical, biotechnology, and medical device areas. We work together with Bass, Berry’s Intellectual Property attorneys in advising clients on license agreements, research and development collaborations, and manufacturing, supply, service and distribution agreements.
We represent a variety of pharmaceutical and other life sciences companies in state and local tax matters, including sales and use taxes as well as franchise and excise taxes. Of particular note, we have worked with pharmaceutical companies to mitigate Tennessee tax burdens that would result from locally based distribution or other facilities.
In many instances, we have represented life sciences companies to resolve potential controversies over their Tennessee tax liability without the need for litigation. We have an effective working relationship with the Tennessee Department of Revenue and, through that relationship, often work with the Department to resolve potential disputes early on. When litigation has been necessary, we have represented pharmaceutical companies in court to seek the proper determination of their Tennessee tax liability.
Foreign Corrupt Practices Act
Our attorneys have considerable experience in helping companies comply with foreign anti-corruption laws, including the U.S. Foreign Corrupt Practices Act (FCPA). Our services include due diligence, risk assessments, training, counseling, and developing cost-effective foreign anti-corruption compliance programs. Additionally, our attorneys have extensive experience conducting internal investigations and working with U.S. and foreign authorities.
We have assisted our clients with business activities in China, India, Mexico, Nigeria, Libya, Germany, Brazil, Argentina, and Australia, among other countries. Through our firm’s membership in Lex Mundi, the world’s leading association of independent law firms, our attorneys have ready access to skilled local counsel in more than 100 countries.
We provide our clients with a broad range of intellectual property services particularly in the fields of biomedical, medical device, and health information. These services include trademark, copyright, patent, and trade secret protection, litigation, technology licensing and transactional services, and portfolio evaluation and strategy. Our clients include both public and private companies ranging in size from entities managed by a few individuals to large, complex businesses.
Our medical device clients have invented implantable neurostimulation systems, surgical instrumentation, respiratory devices, bone replacement devices and materials, and blood collection and monitoring systems. While many of these clients operate in the area of more traditional devices, others have expanded into applications that increasingly focus on the biology of the system in which the device operates. Many of our clients have increasingly incorporated software, computing, and telecom technology into their inventions.
We provide general counseling to our clients regarding confidentiality agreements, government research funding, university-industry relations, license agreements, corporate sponsored research projects, development agreements, joint ventures, due diligence strategies, and technology transfer agreements.
We have guided many Life Sciences clients through various complex environmental issues ranging from permitting and reporting requirements for manufacturing plants, generator liability under federal and state Superfund laws, investigations and remediations, and due diligence prior to the sale or acquisition of facilities. We have extensive experience with the Tennessee and federal regulators with enforcement matters, site investigations and/or remediations, permitting, and Brownfields Agreements.
Our labor and employment practice group has extensive experience managing complex labor and employment litigation. The traditional labor practice includes informational training and avoidance campaigns, defense of representational hearing and unfair labor practice matters before the NLRB, contract negotiation and interpretation, and handling all aspects of grievance and arbitration matters. We also serve as labor counsel to major local and regional employers, with a practice reach throughout the eastern United States.
The employment litigation practice includes all aspects of defense and avoidance of employment litigation. We serve as lead counsel for major wage/hour collective actions and conduct preliminary client audits to avoid exposure. We conduct supervisory training, advise, investigate and respond to administrative charges, and defend employment litigation. We also represent employers in actions to preserve trade secrets and confidential information, and to enforce non-compete and non-solicitation agreements.
We represent several employers on a national basis, including a leading not-for-profit healthcare company and a leading paper product producer. We also serve as regional counsel for a major retail company and we serve as labor and employment counsel for major private employers in Tennessee, including Nashville's largest private employer.
We provide counsel to assist our life science clients in maintaining their business operations in compliance with antitrust and trade practice laws with a goal of preventing the expense and disruption of lawsuits and investigations. Our counsel includes assisting our clients with the development and implementation of antitrust compliance programs. An effective antitrust compliance program will both detect actual antitrust violations at an early stage and deter potential antitrust violations.
We also counsel our LSI clients on merger and acquisition issues, joint ventures, business organization formation and compliance with the pre-merger notification requirements of the Hart-Scott-Rodino Act. Our work in this area includes spearheading the compilation and filing of the information required for compliance with the Hart-Scott-Rodino Act and interfacing as needed with the FTC and the DOJ on behalf of our clients.
Lawsuits and investigations are not always avoidable despite the best counsel and efforts of the client. We represent clients in mediations, arbitration and state and federal courts. We have represented numerous life science companies in antitrust class actions.