Transactions involving the acquisition of FDA-regulated firms and/or the licensing of products present unique challenges during the due diligence process. This session focuses on best practices and real-life examples of pitfalls that make or break the deal as they relate to intellectual property issues, clinical research, and regulatory requirements including:
- Projecting the scope of exclusionary rights on the product
- How the “useful” life cycle of a patent impacts transaction value and associated risks
- Evaluating the risks associated with patent litigation with respect to small molecules and follow-on biologics
- Understanding the clinical research and development program – how to maximize potential for success
- What can go wrong with clinical trials and practical suggestions to ensure compliance
- Identifying critical aspects of FDA regulatory authority relative to a diligence review
- Determining regulatory pathways towards product approval
- Prospecting opportunities to increase product life cycles
Panelists include: Doug Carsten, Partner, Foley; Jeff Miller, VP, Regulatory Affairs and Quality Assurance, Icon Clinical Research; David Rosen, Co-Chair, Life Sciences Team, Foley.
Related Insights
December 22, 2025
Labor & Employment Law Perspectives
‘Tis the Season
‘Tis the Season… You probably do not think of HR compliance when you hear the phrase. But the end of 2025 is a good time — even in the…
January 27, 2026
Events
Fashion Law 2025 Year in Review
In 2025, the fashion industry faced significant challenges and opportunities driven by geopolitical shifts, rising tariffs and trade policy changes, and evolving consumer expectations, while innovation in brand protection and strategic partnerships supported resilience and growth.
December 22, 2025
Foley Viewpoints
Guyana: A Primer on a Strategic U.S. Caribbean & South American Ally
Guyana does not currently have a binding corporate governance code, and minority shareholder protections are relatively weak. Foreign investors must therefore structure joint ventures and other partnerships carefully, using shareholder agreements, board representation rights, and dispute resolution clauses to safeguard their interests.