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 transactions involving the transfer and processing of sensitive data, privacy issues related to marketing and social media initiatives, and data security breach response.
- Represented Genzyme Corporation in connection with various matters, including the following transactions:
- Acquisition of Caprelsa®, a rare disease therapy to treat symptomatic or progressive medullary thyroid carcinoma, from AstraZeneca pursuant to which Genzyme agreed to pay AstraZeneca up to $300 million, including an upfront payment of $165 million and further development and sales milestone payments of up to $135 million.
- Collaboration agreement with Voyager Therapeutics to discover, develop and commercialize novel gene therapies for severe central nervous system disorders, under which Genzyme made $100 million of upfront commitments to Voyager (including $65 million in cash, a $30 million equity investment and additional in-kind contributions) and potential development and sales milestone payments totaled $745 million.
- 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 as well as 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 acquisitions, dispositions and license and development transactions.
- Represented Sarepta Therapeutics, Inc. in connection with the negotiation of a number of sponsored research and license agreements with U.S. and international academic institutions.
- Represented Shire in connection with the negotiation of an amended and restated collaboration and license agreement with Sangamo.
- Represented Synageva BioPharma in connection with various licensing transactions, including transactions with Shire and the University of Georgia.
- Represented Proteostasis Therapeutics in connection with licensing transactions, including a collaboration agreement with Astellas Pharmaceuticals to research and develop therapeutic candidates that modulate the Unfolded Protein Response (UPR).
- Represented Wright Medical in connection with its sale of its knee replacement business to MicroPort Scientific Corporation and its settlement and patent license agreement with ConforMIS, Inc.
- Represented Skillsoft Corporation in connection with various commercial, intellectual property, and privacy-related matters.
- Represented the TJX Companies, Inc., SuperValu, Inc. and Genesco, Inc. in connection with notification and data security compliance efforts following their widely-publicized computer intrusions.
- Advised NXP Semiconductor with respect to a settlement and patent cross license agreement with Broadcom.
- 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.
- Advised TSG Consumer Partners, Kohlberg & Co LLC, Berkshire Partners, Audax Group, TPG Capital, L.P., Gridiron Capital, General Catalyst Partners, LLC, Bain Capital LLC and other private equity firms with respect to intellectual property matters in connection with their investments in the consumer product, technology, life sciences and industrial sectors.
- Quoted, “GCs Name Best Of The Best Attorneys,” Law360 (February 10, 2015)
- 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)