Nathan A. Beaver is a partner and food and drug lawyer with Foley & Lardner LLP, where his practice focuses on the representation of manufacturers whose products and activities are regulated by the Food and Drug Administration (FDA), Drug Enforcement Administration (DEA), and the Federal Trade Commission (FTC). He advises clients on regulatory issues affecting prescription and over-the-counter drug products (including animal drugs), medical devices, dietary supplements, cosmetics, and foods with special emphasis on the strategic considerations involving the approval process and patent and exclusivity issues related to the Hatch-Waxman Act. Mr. Beaver is a member of the firm’s Government & Public Policy and FDA Practices, and the Food & Beverage Industry and Life Sciences Industry Teams.
Mr. Beaver also has significant experience in FDA compliance and enforcement issues including 483s, Warning Letters and Consent Decrees.
- U.S. v. Kabco Pharmaceuticals, Inc. - 2:12-cv-03468-JFB-ETB (ED NY 2012). Successfully negotiated with FDA to permit the reopening of dietary supplement manufacturing company after consent decree shut down
- United States of America v. Wholesome Soy Products, Inc. et al. - 1:15-cv-02974 (ND IL 2015)
- U.S. v. American National Red Cross, - 1:93-CV-00949 (D.D.C. 2015)
- U.S. v. Wa Heng Dou-Fu & Soy Sauce Corp., - 2:16-CV-01358 (ED CA 2016)
Mr. Beaver regularly advises clients in M&A transactions involving health care and life sciences companies. His involvement has included due diligence and diligence assessments, negotiations of regulatory issues in asset and purchase agreements, including reps and warranties, and post-transaction licensure issues.
Representative Transactions
- Represented a leading pharmaceutical laboratory in the acquisition of HemoSonics LLC, a company specialized in the development of innovative Point-of-Care testing solutions based in Charlottesville, VA (2017)
- Represented G&W Laboratories in divestiture acquisition of ANDAs from drug manufacturers Gavis Pharmaceutical LLC and Novel Laboratories (2016)
- Represented Auven Therapeutics in regulatory aspects of sale of Ocular Technologies Sarl including SecieraTM (OTX-101) to Sun Pharma (2016)
- Representation of a leading food manufacturer in regulatory aspects of acquisition of Corn Fields, Inc. (2016)
- Representation of a Fortune 500 health care distribution company in regulatory aspects of acquisition of the Harvard Drug Group (2015)
Mr. Beaver was named a 2012 BTI Client Service All-Star, one of only 272 attorneys so honored throughout the United States, as a result of unprompted positive feedback from BTI’s interviews with nearly 300 corporate counsel from Fortune 1000 companies. He was also selected for inclusion in The Best Lawyers in America© since 2015 for his work in the area of food and beverage law (2015-2018) and in the area of FDA Law (2018). In 2015, Mr. Beaver was recognized by The Legal 500 for his work in health care – life sciences.
Mr. Beaver earned his J.D. from Georgetown University Law Center in 1997. He graduated cum laude in 1994 from the University of Arizona with a Bachelor of Arts degree in interdisciplinary studies.
Mr. Beaver is admitted to practice in the District of Columbia.
He is a frequent speaker at the Food and Drug Law Institute events and the author or co-author of the following published articles:
- “FDA Marketing Exclusivity Periods Limited To Same Active Moiety,” PharmaPatents, September 7, 2017
- “Seven Key Questions in Understanding the Current Regulatory State of HCT/Ps,” Personalized Medicine Bulletin, March 20, 2017
- “Can FDA Implement the BPCIA as the CAFC Suggested,?” PharmaPatents, July 21, 2016.
- “Ten Things That Health Care Lawyers Should be Thinking About,” Association of Corporate Counsel, December 16, 2014
- Book Chapter: "Recent Developments in Food and Drug Law," “Natural” Claims: The Current Legal and Regulatory Landscape, Aspatore Publishing, 2013
- "Trends in ‘All Natural’ Class Actions," Law360, November 2011
- "Certifying to Medical Necessity Under FDA," Law360, April 2011
- "New Legal Pathway for Biosimilars Creates Opportunities and Challenges for Biological Manufacturers – A Guide to the Legislation," Bloomberg Law Reports, August 2010
- "The FDA Stance on High-Fructose Corn Syrup," Law360, October 2009
- "The Future of Drug and Biologics Approvals: Will Congressional Legislation Change the Landscape of Hatch-Waxman," BNA Health Care Policy Report, September 2002
- "Fundamentals of Law and Regulation: An in-depth look at the 1997 Food and Drug Administration Modernization Act of 1997"