Advises on legal and regulatory issues associated with prescription drugs and biologics, including research and development, FDA approval and user fee issues, marketing, and life-cycle management.
Our firm also advises on over-the-counter (OTC) drugs, including development and marketing under the CARES Act of 2019. We also support clients in implementing corporate compliance programs to ensure marketing in compliance with law and industry guidelines, including drafting compliance programs and training employees.
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Our firm provides advice on all aspects of drug and biologic research, development, and approval, including:
- Investigational New Drug Applications (INDs)
- New Drug Applications (NDAs)
- Abbreviated New Drug Applications (ANDAs)
- Biologics License Applications (BLAs)
- Drug and device combination products
- Amendments and supplements to applications
- Compliance with post-approval requirements for changes in products, labeling and manufacturing processes
- Establishment registration and product listing
- User fees
- FDA reporting requirements
- Orphan drugs and pediatric drugs
- Controlled Substances
- HIPAA and Privacy Issues
Our firm represents clients before the Drug Enforcement Administration and in litigation relating to the oversight of controlled substances, List 1 chemicals, and anabolic steroids. We help resolve issues for our clients pertaining to scheduling, narcotic classification, quota allocation, and exempt status; as well as requirements relating to security, registration, import and export, records and reports, and related issues.
Our firm also advises on lawful production and marketing of Cannabis products, such as hemp products, and the status of such products under federal and state laws relating to controlled substances and hemp.
Our firm helps clients comply with FDA’s cGMP regulations by interpreting regulations, case law, agency guidance, and industry practice. We assist in responding to FDA inspectional observations, warning letters, and other enforcement actions relating to pharmaceutical quality.
Our firm advises on strategies for drug and biologic life-cycle management, including exclusivity for brand name and generic products, orphan drug and pediatric exclusivity, and antibiotic exclusivity. We also assist with bioequivalence and substitution issues under federal and state laws; and on patent issues applicable to FDA applications, such as patent registration and extension of patent terms. Our firm also handles legal issues relating to accelerated approval for new therapies for life threatening diseases.
Our firm represents clients in enforcement actions, including responses to FDA inspectional observations, warning letters, recall requests and import detentions, as well as more significant actions such as seizures and injunctions, negotiation of consent decrees, and implementation of FDA’s Application Integrity Policy (AIP).
Our firm supports clients in negotiating and drafting regulatory-related agreements such as guarantees, labeling agreements, supply agreements, quality agreements, etc. We also carry out due diligence analyses of drug and biologic companies and products that are being considered for acquisition or investment.