David advises a wide range of companies, investors, and institutions in all manner of transactions involving intellectual property, including technology licensing, product development collaborations, outsourcing transactions, joint ventures, mergers and acquisitions, supply arrangements, distribution and co-promotion deals, and other strategic commercial agreements.
David has extensive experience advising companies in the life sciences, technology, and branded product industries with respect to the creation and management of intellectual property, and day-to-day commercial and corporate matters. David also advises major life sciences, technology, branded product, retail, and financial services companies in connection with privacy and data security matters, including the design and implementation of global privacy and data security programs, privacy issues related to marketing and social media initiatives, and notice issues following data security breaches.
- Represented Genzyme Corporation in connection with various matters, including the following transactions:
- Collaboration agreement and $700 million equity investment in Alnylam Pharmaceuticals, Inc. pursuant to which Genzyme obtained license rights to two existing rare disease siRNA drug candidates and options to obtain regional or global rights in certain other siRNA drug candidates developed by Alnylam for rare diseases;
- Disposition of Genzyme’s genetics testing and diagnostics business units to Laboratory Corporation of America and Sekisui Chemical Co., Ltd, respectively;
- License and acquisition agreement under which Genzyme acquired from Bayer Schering Pharma AG two oncology drugs (FLUDARA and LEUKINE) then being marketed worldwide, and worldwide distribution rights with respect to LEMTRADA, then in clinical development for the treatment of MS;
- License and collaboration agreement under which Genzyme acquired rights with respect to the development and commercialization of the drug KYNAMRO from Isis Pharmaceuticals, Inc.
- Represented Becton Dickinson in connection with various license and development transactions.
- Represented Synageva BioPharma Corp. in connection with various licensing transactions, including transactions with Shire Pharmaceuticals and the University of Georgia.
- Represented Inspiration Biopharmaceuticals, Inc. in connection with various licensing and commercial matters, including the negotiation of its collaboration and license agreement with Ipsen Pharma S.A.S.
- Represented Proteostasis Therapeutics, Inc. in connection with licensing transactions.
- Represented Pfizer in connection with the outsourcing of its post-proof of concept clinical trial management function to Parexel International, Inc. and Icon Clinical Research Limited as well as other licensing and privacy-related matters.
- Represented Skillsoft Corporation in connection with various commercial, intellectual property, and privacy-related matters.
- Represented the TJX Companies, Inc. and Genesco, Inc. in connection with data security compliance efforts following their widely-publicized computer intrusions.
- Advised QuickPlay Media Inc. with respect to its mobile video hosting customer agreements.
- Advised TSG Consumer Partners, Kohlberg & Co LLC, Audax Group, TPG Capital, L.P., General Catalyst Partners, LLC and Bain Capital LLC with respect to intellectual property matters in connection with their investments in the consumer product, technology, life sciences and industrial sectors.
- Legal 500 (2013-2014)
- Chambers USA: America's Leading Lawyers for Business (2014)
- The Best Lawyers in America (2013-2014)
- PLC Which Lawyer (2010-2011)
- David M. McIntosh, James S. DeGraw, Nathaniel K. Kurtis and Julie D. Polovina, "Meso Scale V. Roche Rethinks Reverse Triangular Mergers," Law360 (March 21, 2013)