Cleary Gottlieb actively represents many of the biggest pharmaceutical and biotechnology companies in the world in important corporate transactional matters as well as on precedent-setting antitrust, regulatory, arbitration and litigation issues. We also provide counsel to the financial institutions that advise and assist these companies in their capital markets financings. With 12 integrated global offices, our lawyers work assiduously on behalf of our clients to bridge borders and navigate multi-jurisdictional regulatory requirements to enable the mergers, acquisitions, joint ventures and other corporate transactions that meet their business goals.
Practice highlights include:
- Corporate and antitrust counsel to GlaxoSmithKline in its $1.65 billion acquisition of Reliant Pharmaceuticals, as well as its acquisitions of Sirtris Pharmaceuticals, Praecis Pharmaceuticals, CNS, ID Biomedical and Corixa.
- Counsel to Warburg Pincus in its $4.5 billion cash acquisition of Bausch & Lomb.
- Counsel to TPG, The Blackstone Group, Goldman Sachs Capital Partners and KKR in their $11.4 billion acquisition of Biomet—one of the largest LBOsin the healthcare industry.
- Regular EC law counsel to Merck & Co. on a cutting-edge issues, including a precedent-setting European Court of Justice win regarding the interpretation of the World Trade Organization’s Agreement on Trade Related Aspects of Intellectual Property Rights and in antitrust challenges by generic companies.
- Counsel to TPG in its $800 million acquisition of 50% of SIA International, Russia’s largest pharmaceutical distributor—the largest private equity investment in Russia to date.
- Counsel to Boehringer Ingelheim in precedent-setting European Court of Justice win regarding the scope of trademark owners’ rights in relation to parallel importers that repackage pharmaceutical products.
- Counsel to Medtronic in its $3.9 billion acquisition of Kyphon.
- Counsel to two dozen investment banks, including Citigroup Global Markets, in class actions brought by holders of debt and equity securities issued by HealthSouth Corporation. We succeeded in obtaining the dismissal of all of our clients from these cases.
- Antitrust counsel to Merck & Co. in several matters, including its collaboration with GTx to advance research and development of selective androgen receptor modulators (SARM).
- Counsel to Kindred Healthcare in the spin-off and merger of its institutional pharmacy business, Kindred Pharmacy Services, with PharMerica Long-Term Care, the institutional pharmacy business of AmerisourceBergen Corporation.
- Counsel to GlaxoSmithKline in many litigation matters, including a class action litigation in U.S. federal court relating to allegations of patent misuse in connection with Augmentin, GSK’s drugs for treating HIV/AIDS; a U.S. class action challenging GSK’s efforts to restrict illegal export and price-fixing of its products; as well as on antitrust issues arising from the settlement of a patent litigation involving Paxil.
- Regular global counsel to 3M, including in the sale of its global pharmaceuticals business to three buyers.
- Counsel to sanofi-aventis in several litigation matters, including winning the dismissal of a lawsuit by Rhodia for reimbursement of costs Rhodia incurred remediating environmental damages at an elemental phosphorus production site in Montana that Rhodia acquired from sanofi-aventis’s predecessor in 1998.
- Counsel to Lundbeck in connection with the distribution of pharmaceutical products in Europe.