Richard A. Kaufman

Partner

Overview

Richard Kaufman is a partner and corporate lawyer with Foley & Lardner LLP where his practice includes structuring and negotiation of strategic partnerships and collaborations, technology transfers and licenses, spin-out transactions, manufacturing agreements, and clinical research agreements, as well as engagements for financings, mergers, acquisitions, and divestitures. He is co-chair of the Life Sciences Industry Team, former managing partner of the San Diego office, former vice chair of the firm’s Private Equity & Venture Capital Practice, and a member of the Transactional & Securities and Chemical, Biotechnology & Pharmaceutical Practices.

Mr. Kaufman has significant experience with a wide variety of corporate and securities transactions for companies in the life sciences industry, including developers of drugs, biologics, medical devices, and discovery and informatics tools.

For 14 years, Mr. Kaufman served as general counsel of public life sciences companies engaged in the development and manufacture of proteins, peptides, small molecules and medical devices, as well as predictive in silico drug discovery tools.

Mr. Kaufman was a partner with Heller Ehrman LLP before joining Foley in 2008. Prior to joining Heller Ehrman, Mr. Kaufman's in-house positions included general counsel to Trega Biosciences, Inc.; senior vice president, corporate development and law at Integra LifeSciences Corporation; vice president, secretary, and general counsel at Telios Pharmaceuticals, Inc.; and executive vice president, secretary, and general counsel at Invitron Corporation, a spin-off of Monsanto Company. Prior to moving in-house, Mr. Kaufman was a partner at Peper, Martin, Jensen, Maichel and Hetlage in St. Louis, Missouri, where he practiced for nine years. Previously, he served as a law clerk to the Honorable Robert E. Seiler, Chief Justice of the Missouri Supreme Court.

Representative Experience

Mr. Kaufman has represented clients in, among other matters, dozens of strategic partnership, licensing and collaboration negotiations with companies including Novartis, Hoffmann – La Roche, Amgen, Genentech, AstraZeneca, Wyeth, Johnson & Johnson, Eli Lilly, Chiron, Biogen, Genzyme, Baxter, SmithKline, Warner-Lambert, G.D. Searle, Ciba-Geigy, Chugai, Astellas, Ono and others. He has been responsible for the negotiation of well over 100 manufacturing and development agreements for biologics, drugs and medical devices, and for the negotiation of hundreds of clinical trial agreements, agreements with clinical research organizations and other clinical development service providers.

Recognition

Mr. Kaufman has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system and has been selected by his peers for inclusion in The Best Lawyers in America© since 2007 in the field of biotechnology law. In 2010 - 2014 and 2016, The Legal 500 recognized Mr. Kaufman in the category of patent licensing and transactional and again for his work in health care – life sciences in 2013, 2015, and 2016, mergers, acquisitions and buyouts in 2014, and M&A/corporate and commercial - venture capital and emerging companies in 2015. He has also been named by LMG Life Sciences as a Life Science Star in the fields of licensing and collaborations, venture capital, mergers and acquisitions, and general corporate law.

Affiliations

Mr. Kaufman served as a member of the board of directors of BIOCOM from 2008 to 2013.

Education

He received his law degree from the Washington University School of Law in St. Louis (J.D., 1976) and his baccalaureate degree from the University of Wisconsin – Madison (B.A., 1972).

Admissions

Mr. Kaufman is admitted to practice in California and Missouri.

Representative Matters

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In January 2014, Dainippon Sumitomo Pharma Co., Ltd entered into an agreement with Edison Pharmaceuticals, Inc. ("Edison") that amends the license agreement between the two companies relating to EPI-743 and EPI-589, which are therapeutic agents under development for mitochondrial disease. On the same date, a joint research agreement for discovery of novel candidate pharmaceutical compounds targeting cellular energy metabolism and a stock purchase agreement relating to DSP’s purchase of an equity interest in Edison were also entered into. Foley & Lardner LLP client Dainippon Sumitomo Pharma Co., Ltd. manufactures and sells pharmaceuticals, food ingredients, food additives, veterinary medicines, diagnostics, and others in Japan, China, North America, and internationally. The company offers various pharmaceutical products and develops and sells ingredients and additives and offers veterinary medicines for companion animals, including dogs and cats; and farm animals, such as cattle, swine, horses, and cultured fish. Additionally, the company develops point-of-care testing diagnostic products for infectious diseases. The company was founded in 1897 and is headquartered in Osaka, Japan. Dainippon Sumitomo Pharma Co., Ltd. operates as a subsidiary of Sumitomo Chemical Co., Ltd. Edison Pharmaceuticals is a biotechnology company based on the discovery and development of low-molecular therapeutic drugs for the treatment of Mitochondrial disease. Founded in 2006, it is headquartered in Mountain View, California, USA.