duane morris boston office at a glance · • corporate formation and governance, ... •...

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RANGE OF SERVICES/INDUSTRIES SERVED COMPLEX COMMERCIAL LITIGATION CORPORATE FORMATION AND GOVERNANCE, SECURITIES COMPLIANCE MERGERS AND ACQUISITIONS, PRIVATE EQUITY AND VENTURE CAPITAL TRANSACTIONS ANTITRUST COUNSELING AND LITIGATION PATENT, TRADEMARK AND COPYRIGHT PROSECUTION AND LITIGATION HATCH-WAXMAN/BIOSIMILARS LITIGATION AND COUNSELING ANDA AND GENERIC PHARMACEUTICALS FDA COMPLIANCE AND ENFORCEMENT DEFENSE BANKRUPTCY AND REORGANIZATION CONSTRUCTION CONTRACTS AND LITIGATION LIFE SCIENCES INSURANCE AND REINSURANCE REAL ESTATE TRANSACTIONS AND LITIGATION WEALTH PLANNING AND PRESERVATION EMPLOYMENT COUNSELING AND LITIGATION TAX ADVICE AND COUNSELING HEALTHCARE TRANSACTIONS AND LITIGATION INTERNATIONAL TRANSACTIONS BANKING AND FINANCIAL SERVICES WHITE-COLLAR AND REGULATORY DEFENSE, INTERNAL INVESTIGATIONS “Duane Morris’ diligent efforts and tremendous insights into bankruptcy law and the reorganization process gave CrossHarbor the advantage it needed to be successful in its efforts to acquire Yellowstone Club. The case was extraordinarily complicated and contentious, with a number of twists and turns along the way. The attorneys at Duane Morris were always a step ahead, and we were ultimately successful thanks to the guidance and efforts of the Duane Morris team.” SAMUEL T. BYRNE, Managing Partner CrossHarbor Capital Partners LLC “When M*Modal faced litigation regarding an agreement with a debtor in a bankruptcy that threatened our intellectual property, we turned to Duane Morris for the firm’s experience in commercial litigation, bankruptcy, healthcare and intellectual property. We needed lawyers who understood our business, our speech recognition and natural- language understanding technology, the healthcare industry and bankruptcy law. We found all of that in Duane Morris. Thanks to the fantastic work on the part of our legal team, we obtained a ruling from a bankruptcy court in Delaware that precluded our intellectual property and trade secrets from being disclosed to a competitor. Of one of our lawyers, it was remarked during trial, ‘I have never seen a counsel that cared that much—and got the whole court to feel that.’ I am very pleased with our decision to choose Duane Morris.” MICHAEL FINKE, Chairman & CEO M*Modal Duane Morris’ BOSTON OFFICE offers a diversified practice to a wide range of clients in New England and beyond, from long-established businesses to those in newly emerging industries. With the resources of a global law firm, our Boston lawyers represent multi-national corporations, regional middle-market companies and individuals. THE BOSTON OFFICE ACCOLADES > CHAMBERS USA 2017 ranked Duane Morris among the top firms in Massachusetts for Bankruptcy/Restructuring. > PAUL D. MOORE earned the highest rating of Band 1 among Massachusetts bankruptcy attorneys. > THOMAS H. REDEKOPP earned the rating of Band 4 among Corporate and M&A attorneys in Massachusetts. > U.S. NEWS-BEST LAWYERS 2017 Best Law Firms recognized the Boston office in the areas of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, Construction Law and Litigation- Bankruptcy. > Second HBS case study of the firm, titled “Duane Morris: Collaborating for Growth,” was part of the HARVARD BUSINESS SCHOOL curriculum and made available to business schools around the world for course study. CHAMBERS and partners 1

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RANGE OF SERVICES/INDUSTRIES SERVED

• COMPLEX COMMERCIAL LITIGATION

• CORPORATE FORMATION AND GOVERNANCE, SECURITIES COMPLIANCE

• MERGERS AND ACQUISITIONS, PRIVATE EQUITY AND VENTURE CAPITAL TRANSACTIONS

• ANTITRUST COUNSELING AND LITIGATION

• PATENT, TRADEMARK AND COPYRIGHT PROSECUTION AND LITIGATION

• HATCH-WAXMAN/BIOSIMILARS LITIGATION AND COUNSELING

• ANDA AND GENERIC PHARMACEUTICALS

• FDA COMPLIANCE AND ENFORCEMENT DEFENSE

• BANKRUPTCY AND REORGANIZATION

• CONSTRUCTION CONTRACTS AND LITIGATION

• LIFE SCIENCES

• INSURANCE AND REINSURANCE

• REAL ESTATE TRANSACTIONS AND LITIGATION

• WEALTH PLANNING AND PRESERVATION

• EMPLOYMENT COUNSELING AND LITIGATION

• TAX ADVICE AND COUNSELING

• HEALTHCARE TRANSACTIONS AND LITIGATION

• INTERNATIONAL TRANSACTIONS

• BANKING AND FINANCIAL SERVICES

• WHITE-COLLAR AND REGULATORY DEFENSE, INTERNAL INVESTIGATIONS

“Duane Morris’ diligent efforts and tremendous insights into bankruptcy law and the reorganization process gave CrossHarbor the advantage it needed to be successful in its efforts to acquire Yellowstone Club. The case was extraordinarily complicated and contentious, with a number of twists and turns along the way. The attorneys at Duane Morris were always a step ahead, and we were ultimately successful thanks to the guidance and efforts of the Duane Morris team.”

SAMUEL T. BYRNE, Managing Partner CrossHarbor Capital Partners LLC

“When M*Modal faced litigation regarding an agreement with a debtor in a bankruptcy that threatened our intellectual property, we turned to Duane Morris for the firm’s experience in commercial litigation, bankruptcy, healthcare and intellectual property. We needed lawyers who understood our business, our speech recognition and natural-language understanding technology, the healthcare industry and bankruptcy law. We found all of that in Duane Morris. Thanks to the fantastic work on the part of our legal team, we obtained a ruling from a bankruptcy court in Delaware that precluded our intellectual property and trade secrets from being disclosed to a competitor. Of one of our lawyers, it was remarked during trial, ‘I have never seen a counsel that cared that much—and got the whole court to feel that.’ I am very pleased with our decision to choose Duane Morris.”

MICHAEL FINKE, Chairman & CEO M*Modal

Duane Morris’ BOSTON OFFICE offers a diversified practice to a wide range of clients in New England and beyond, from long-established businesses to those in newly emerging industries. With the resources of a global law firm, our Boston lawyers represent multi-national corporations, regional middle-market companies and individuals.

THE BOSTON OFFICE

ACCOLADES> CHAMBERS USA 2017 ranked

Duane Morris among the top firms in Massachusetts for Bankruptcy/Restructuring.

> PAUL D. MOORE earned the highest rating of Band 1 among Massachusetts bankruptcy attorneys.

> THOMAS H. REDEKOPP earned the rating of Band 4 among Corporate and M&A attorneys in Massachusetts.

> U.S. NEWS-BEST LAWYERS 2017 Best Law Firms recognized the Boston office in the areas of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, Construction Law and Litigation-Bankruptcy.

> Second HBS case study of the firm, titled “Duane Morris: Collaborating for Growth,” was part of the HARVARD BUSINESS SCHOOL curriculum and made available to business schools around the world for course study.

CHAMBERSand partners

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EXAMPLES OF OUR WORK• Acted as court-appointed chapter 11 trustee overseeing

the bankruptcy and liquidation of the NEW ENGLAND COMPOUNDING CENTER. As a result of the proceedings, a $200 million settlement was reached. The judge presiding over the case, Judge Henry J. Boroff, was quoted as saying, “This plan and its associated trust agreements are the best that could have been achieved for the hundreds of people for whom there could be no full compensation. And that this is, in my view, the highest and best use of the Bankruptcy Code … ”

• Represented petitioners METRICS, INC. and JOHNSON MATTHEY, INC. before the U.S. Patent and Trademark Office in an inter partes review of patents covering Bausch & Lomb’s ophthalmic drug Prolensa. The Patent Trial and Appeal Board granted the petition, finding the patent claims invalid as obvious in view of the prior art.

• Represented ENUMERAL BIOMEDICAL CORP. in closing an alternative public offering, allowing the company to raise $21.5 million in a private placement financing in connection with a reverse merger into a publicly held company.

• Represented QUEST DIAGNOSTICS in its purchase of the clinical outreach laboratory business of UMass Memorial Medical Center, as well as UMass Memorial’s anatomic pathology outreach laboratory in Worcester. Quest has also finalized a lease agreement for a 200,000 square-foot facility that will house a state-of-the-art clinical laboratory. The acquisitions will add approximately 50 new patient service centers to the company’s current roster of about 75 in the state, while extending the scope of diagnostic services Quest provides to physicians and patients in the region.

“The substantive performance of the [Duane Morris] attorneys at trial was excellent. The management of trial logistics was such that I now consider it a model to be followed in any patent infringement lawsuit in which Actavis is involved. I was and am proud to have Duane Morris represent Actavis. Duane Morris is at the top of my list when selecting law firms to represent Actavis in future matters.”

JIM MAHANNA, Senior Director, Associate General Counsel, US Generics IP

Teva Pharmaceuticals www.duanemorris.com | © Duane Morris LLP 2017 | December 2017

This publication is for general information and does not include full legal analysis of the matters presented. It should not be construed or relied upon as legal advice or legal opinion on any specific facts or circumstances. The invitation to contact the attorneys in our firm is not a solicitation to provide professional services and should not be construed as a statement as to any availability to perform legal services in any jurisdiction in which such attorney is not permitted to practice.

FOR MORE INFORMATION, PLEASE CONTACTMICHAEL R. GOTTFRIED at 857.488.4212 or

[email protected].

Duane Morris LLP | 100 High Street, Suite 2400 Boston, MA 02110-1724 | 857.488.4200

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OFFICE LOCATIONS & REACH

• Joint ventures in Myanmar, Oman, Shanghai and Singapore

• Alliances in Mexico and Sri Lanka• Leadership positions with

international networks of independent law firms

UNITED STATES

Atlanta Austin Baltimore Boca Raton Boston Cherry Hill Chicago Houston Lake Tahoe Las Vegas Los Angeles

Miami New York Newark Philadelphia Pittsburgh San Diego San Francisco Silicon Valley Washington, D.C. Wilmington

INTERNATIONAL

Hanoi

Ho Chi Minh City

London

Myanmar

Oman

Shanghai

Singapore

Taiwan