Life Sciences Mediation, Arbitration and ADR Services

Disputes in the life sciences industry—such as those involving pharmaceuticals, medical devices, diagnostics and related areas—raise complex and often global issues in many areas, including rights to valuable intellectual property, research, development, manufacturing, commercialization and product liability. The industry’s attributes create an environment in which disputes can be expensive and highly disruptive to business objectives.

Alternative dispute resolution (ADR) offers a cost-effective, efficient and confidential route to preserving value and managing time, allowing life sciences companies of all types to focus on their core objectives without distractions and the potential negative publicity of litigation. We also offer innovative virtual mediation and arbitration services that keep cases moving regardless of extenuating circumstances.

JAMS is the world’s largest private in-person and virtual ADR provider. We excel at resolving disputes involving a variety of constituencies, including companies, partnerships and joint ventures, universities, foundations, and other entities and arrangements associated with the research, development, manufacturing and commercialization of life sciences products.

Members of the JAMS life sciences panel have gained their subject matter experience in a variety of ways. Some bring litigation, transactional, IP and other hands-on experience in the industry after years of working as in-house counsel, business consultants or outside counsel representing life sciences clients. Our panel also includes former members of the federal bench who have deep experience with patent, other IP litigation and product liability multidistrict actions. Our efficient JAMS case managers help guide attorneys to the neutrals best suited for each particular matter.

JAMS life sciences neutrals act as arbitrators, mediators, special masters (federal and state), claims administrators and neutral evaluators. 

Key Areas of Focus

• Research and development: Addressing disputes related to R&D agreements, wrongful termination of development agreements and failure to use "commercially reasonable" efforts
• Clinical trials: Handling issues such as clinical trial compliance, premature termination, reimbursement disputes and management of global clinical trial programs
• Corporate governance: Resolving conflicts involving corporate governance within life sciences companies
• Regulatory matters: Assisting with disputes related to regulatory compliance and obligations
• Transactions for development and commercialization: Managing disputes over transactions related to the development and commercialization of pharmaceuticals, medical devices and diagnostics
• Intellectual property: Experience in handling patent validity, scope, ownership, valuation, infringement, licensing rights, trade secrets, confidentiality agreements and related disputes
   

JAMS neutrals have experience in the following areas:

• Industry and in-house sector:
  Neutrals with extensive experience handling complex life sciences and IP litigation, either as in-house or outside counsel to major biotechnology and life sciences companies or judges on the federal bench, who are frequently selected to resolve matters involving:
• Research and development
• Clinical trials
• Corporate governance
• Regulatory matters
• Transactions for the development and commercialization of pharmaceuticals, medical devices and diagnostics
  
  
• Business/Commercial sector:
  Panelists with a wide range of judicial, litigation and life sciences industry experience, adept at resolving matters related to:
• Breach of contract
• Business interruption
• Distribution and supply chain agreements
• Employment
  
  
• Funding and securities sector:
  Neutrals with financial industry expertise, experienced in matters involving valuation of private company shares, SEC violations, allocation of settlement funds, public offerings, mergers and acquisitions, and venture capital financings
  
  
• Intellectual property sector:
  Neutrals with a wide range of IP expertise, including former litigators, transactional attorneys, in-house and outside counsel, and state and federal judges, handling disputes involving patents, trade secrets, privacy and confidentiality
  
  
• International/Cross-border sector:
  Neutrals with global experience, adept at handling cross-border disputes and disputes arising from international partnerships in the life sciences sector
  
  
• Mass torts sector:
  JAMS neutrals have managed and resolved thousands of complex life sciences-related mass torts, class actions and multidistrict litigation worth billions of dollars involving:
• Product liability
• False advertising
• Wrongful death
• Personal injury