2019 All Hands Meeting
Life Sciences Track Agenda

Update     Nuts+Bolts     Deep Dive
Scenarios & Stories     Country/Region     Sector

Tuesday, Nov 19
New Technologies: Challenges and Opportunities for FDA and Industry

Scott Cunningham & Amy Toro/Michael Listgarten
Covington & Burling LLP/(Independent Consultant)

How is the FDA addressing emerging technologies, including the growth of gene therapies and the application of artificial intelligence; an ever-changing regulatory and risk environment; and increasingly complex and innovative partnerships? This panel will discuss the challenges and opportunities inherent in these and other advances impacting the life sciences industry.

Tuesday, Nov 19
Negotiating for the Next Stage: Preserving Leverage in Life Science Company Deals

Tom Duley/Christine Ring
Sidley Austin LLP/Nurix Therapeutics, Inc.

Deals between large and small life science companies often happen in stages. Although negotiating them doesn't require clairvoyance, it always pays to frame the current stage with the next one in mind, to enhance your company's negotiating position in the following round. Drawing from a variety of life science company deals, this presentation will examine various strategies for preserving your company's future leverage.

Tuesday, Nov 19
HIPAA Update

Brandon Ge & Kristin Madigan
Crowell & Moring LLP

Tech companies often become subject to HIPAA's health information privacy and security regulations as "business associates" by handling and creating individually identifiable health information on behalf of "covered entities" - health plans, health care clearinghouses, and most health care providers. This presentation discusses some important factors to consider in determining whether your company is subject to HIPAA. This discussion will focus on what in-house counsel need to know about the consequent HIPAA compliance obligations and recent HIPAA enforcement trends and regulatory guidance, including the interplay between HIPAA and recent state consumer privacy law, such as the California Consumer Privacy Act.

Tuesday, Nov 19
Diligence Obligations and Reasonable Efforts

Megan Baca/Stuart Wilks
Ropes & Gray/Johnson & Johnson

Life sciences agreements, including licenses, collaborations, and other strategic and commercial agreements, often contain standards for performance known as diligence obligations, which provide the framework for assessing a parties' efforts towards a goal or milestone. This presentation will discuss the latest case law interpreting the litany of diligence standards - "reasonable efforts," "best reasonable efforts," "commercially reasonable efforts" - and whether there is in fact a difference. Next, the presentation will discuss best practices for establishing express diligence standards in agreements, including drafting strategies for definitions of "Commercially Reasonable Efforts," tips for establishing diligence safe harbors, and lessons learned from litigation over diligence matters.

Please Note: Program details are subject to change without notice

2019 Participating Law Firms & Companies