In today’s global life sciences marketplace, our clients work hard to develop and introduce new products and technologies. However, we understand that competitive, regulatory and litigation challenges can arise at any point; and our lawyers are ready to help your organization overcome these obstacles. From initial conception to commercial viability, from market success to expansion, we provide our clients with strategic and practical legal advice.

News more

  • PLC Names Foley Hoag a Top Firm for Venture Capital  [Read More]
  • Client Blend Therapeutics Completes Successful Launch  [Read More]
  • Hemmie Chang Moderates MassChallenge Corporate Partnering Panel for Healthcare, Life Sciences  [Read More]

Publications more

  • Foley Hoag Venture Perspectives - January 2012 [Read More]
  • CMS Releases Proposed “Sunshine” Physician Payment Reporting Rule for Drug and Device Manufacturers: Record-Keeping Requirement Delayed Until Later in 2012  [Read More]
  • Genes, Coding, and Bold Action [Read More]
  • U.S. Supreme Court to Decide Constitutionality of Affordable Care Act [Read More]
  • Tempest in the Melting Pot: Genomics Reimbursement in 2012 [Read More]

Events more

February 16, 2012 BioForum: America's Top (Biotech) Model [Read More] Harvard Medical School
Boston, MA

Client Successes more

  • Medical Device Class Action

    We defended a modest-sized orthopedic device manufacturer faced with a federal court national class action lawsuit involving the company’s hip implant. The plaintiffs’ own implants had not failed but plaintiffs claimed the implant had an excessive failure rate and violated implied warranties, the Massachusetts unfair and deceptive practices statute and similar statutes of other states. Plaintiffs claimed class members had been harmed because the implants were not worth what the class members had paid for them.

    To try to spare the company the expense of prolonged litigation, we moved to dismiss the suit immediately. We argued that under the law of the state in which plaintiffs resided, and Massachusetts law, they had not suffered any legal injury because their implants were functioning properly. Our arguments under Massachusetts law were based on interpretations of several decisions by the state’s highest court, in almost all of which we had represented either a party or an amicus curiae (friend of the court). The court accepted our arguments and dismissed the suit.

     [Read More]
  • Asbestos National Counsel

    For a number of years we have been national counsel to a major valve manufacturer facing hundreds of asbestos suits involving tens of thousands of plaintiffs in at least 18 different states. Many of the claims involve serious injury or death from respiratory cancers that are linked to asbestos exposure, at least at certain doses. Companies faced with such litigation have frequently decided to conduct a brief defense and then settle, to avoid both further litigation costs and the risk of a judgment greater than the available settlement.

    After we investigated the critical scientific and medical literature, our client determined not to adopt the “traditional” strategy, believing the scientific data would not support an adverse verdict and settling meritless claims only encouraged more suits. By thoroughly probing the basis for plaintiffs’ claims, moving for summary judgment and principled negotiating, we have resolved hundreds of suits without payments.

     [Read More]