|
Metro New Jersey Chapter Upcoming Chapter Meetings
Chapter Homepage | Prior Chapter Events
Deal Termination: The Subject No One Wants to Talk About -
or - "How to Win When Losing"
Date/Time:
Wednesday, Nov. 10, 2004
6:00 - 9:00pm
Location:
Basking Ridge Country Club
185 Madisonville Road
Basking Ridge, NJ
(908) 766-8200
Schedule:
Cocktail Reception - 6:00 pm - 7:30 (Open Bar and Hors d'oeuvres)
Program - 7:30 pm - 9:00 (Coffee & Dessert provided)
Program Overview:
With the rise in the number of strategic alliances over the last seven years, it is not surprising that the number of failed alliances have been going up. However, of great concern to many developing companies is the increasingly severe impact these failures can have upon a company's well being. Many failed alliances involve public companies, involving projects that were touted as having a variety of potential scientific and financial benefits for the parties and patients, from establishing new therapeutic platform, solving clinical bottlenecks to strengthening a company's pipeline and financial capabilities. A failure in this context can be extraordinarily expensive. While Erbitux, for instance, seems headed for reasonable commercial success, its legacy will also be marred by class action law suits, and criminal and regulatory enforcement actions. Most failed alliances don't gain such wide spread attention. Typically, they often end in public silence or a brief announcement by the participants that the collaboration has been terminated. However, many of these terminations devastate a small company whose science or project has been tainted within the scientific and financial communities.
Although many projects do not reach their intended end-points, terminations need not result in failure or be viewed as such. Well-planned collaborations, preceded by proper due diligence and contract negotiations, can greatly mitigate a company's risks and, in some cases, leave a company in a stronger position than before the collaboration. Technical foresight, astute contract drafting, and good alliance management can often lead to even more profitable follow-on projects with the original partner, or provide the smaller company with the kind of IP, know-how, and visibility that can be leveraged to advance the company's product portfolio and later attract better partners and more lucrative terms. In today's financial environment, a company cannot afford to allow a project to fail because its partner failed to comply with its promised funding, attention, or expertise. Failing to plan for a failed outcome (and thus being victimized by it) is worse than a failed outcome itself, and disappointed investors have long memories. Therefore, today's biotech company must focus on terminating the alliance as much as creating it.
This presentation will describe the most common reasons for failed alliances, provide some typical scenarios, and discuss how a company can mitigate and even capitalize upon these risks in pursuing its corporate partnering activities.
Speaker:
N. Peter Kostopulos
Partner, Life Sciences
Leader, BioAlliance Practice
Womble Carlyle Sandridge & Rice PLLC
Washington, DC
Mr. Kostopulos is a partner in the firm's Life Sciences group in Washington D.C. and an expert in creating alliances in the pharmaceutical, biotech, and medical device sectors. He provides strategic and legal transaction support to a broad range of private and public companies in a variety of matters concerning corporate partnering, research and development collaborations, patent and trademark licensing, distribution and manufacturing relationships. He is particularly active in counseling foreign clients involved in developing and marketing technology products in the United States, and representing U.S. clients in licensing and distribution matters in Europe, Japan, Korea, Mexico and Latin America.
For full bio, click here: http://www.wcsr.com/FSL5CS/Lawyers/lawyers855.asp
Registration Information, Driving Directions and Nearby Hotels as Follows:
To Reserve A Space:
Send e-mail to Linda Webb lindawebb@definedhealth.com
Include your Name, Title, Company, Phone & E-mail Address
Policy on Registration Fees and Cancellations:
$35.00 in advance - received by Monday, Nov. 8
$45.00 - after Nov. 8 and at-the-door
Cancellations made after Nov. 8 cannot be reimbursed.
(Sorry, no charge cards, but we do accept corporate and personal checks, and cash.)
Make check payable to:
LES-NJ Local Committee
Mail to:
Linda Webb
Defined Health
55 Essex Street
2nd Floor
Millburn, NJ 07041
Dress Code: Business Casual
Linda Webb and Mary Hildebrand, Co-Chairs
Questions? Call Linda at (973) 921-2850 Ext. 232 or Mary at (973) 994-7848
DIRECTIONS TO BASKING RIDGE COUNTRY CLUB
185 Madisonville Road
Basking Ridge, NJ 07920
(908) 766-8200
FROM NORTH JERSEY:
Take I-80 West to I-287 South to Exit 30A (North Maple Ave. - Basking Ridge). Proceed to 1st traffic light. Make left onto Madisonville Road. Entrance is 2nd driveway on right.
FROM CENTRAL JERSEY:
Take I-287 North and proceed as above from Exit 30 A.
FROM SOUTH JERSEY:
Take Garden State Parkway North. Exit onto I-287 North immediately after passing over the Raritan Bridge. Proceed as above from Exit 30 A.
FROM POINTS WEST:
Take I-78 East to Exit 29. Take I-287 North.
Proceed as above from Exit 30 A.
FROM NEWARK AIRPORT and NJ TURNPIKE:
Take I-78 West to Rte. 24 West toward Morristown. Take I-287 South and proceed as above from Exit 30 A.
NEARBY HOTELS:
North Maple Inn
300 North Maple Avenue
Basking Ridge, NJ 07920
(908) 953-3000
The Inn at Somerset Hills
80 Allen Road
Basking Ridge, NJ 07920
(908) 580-1300
The Olde Mill Inn
225 Rt. 202
(at North Maple Avenue)
Basking Ridge, NJ 07920
(908) 221-1100
The Madison Hotel
One Convent Road
Morristown, NJ 07960
(973) 285-1800
The Hilton at Short Hills
41 JFK Parkway
Short Hills, NJ 07078
(973) 379-0100
Somerset Hills Hotel
200 Liberty Corner Road
Warren, NJ 07059
(800) 688-0700
The Grand Summit Hotel
570 Springfield Avenue
Summit, NJ 07901
(908) 273-3000
|
