Pharma & Biotech Expert Witness Services
Alacrita's core team and extensive network of independent, specialist consultants, allows it to provide law firms with expert witnesses who have the precise technical or commercial expertise required for the needs of their case. These individuals are full-time consultants, typically bringing 25+ years of experience in their respective fields, and often specialize in specific therapy areas and product modalities.
Our consultants can provide the below expert witness services:
- Prepare expert reports
- Participate in conferences with legal teams
- Participate in hearings
- Assist with preaction strategy
- Provide valuations with respect to damages
Over the past 15 years, Alacrita has established itself as a leading provider of biopharmaceutical due diligence, conducting assignments for large pharma, biotech, universities and investors. This is underpinned by our ability to draw in specialist consultants from our 250-member consulting network, enabling us to offer support covering each of the major disciplines involved in healthcare R&D. One of the foundations of our firm is the ability to provide the exact expertise that each client requires, allowing our deliverables to be precisely on target.
The multidisciplinary aspect of our firm, our substantive background in due diligence and our extensive network of independent, specialist consultants, has positioned us to become a trusted provider of expert witness services to law firms engaged in disputes involving biopharmaceutical companies and assets.
Our life science expert witness practice is lead by Alacrita partner, Nigel Burns, PhD, LLB.
Selection of Expert Witness Case Studies
Challenge: Alacrita was retained by an international law firm to provide expert witness services related to a partnering agreement between two biotech companies and specifically to the quantum of damages should the court find that a contractual breach had occurred.The case had entered litigation and the law firm sought a consultant with the requisite scientific background and drug development expertise who could work closely with their lawyers.
Solution: Alacrita provided a suitable expert with more than 30 years of experience in the technology domain, including significant expertise in the stage of development of the assets in question and in the practices of developing, licensing and commercializing the particular type of product. He provided the industry perspective on the terms, structure, operability and ultimately the value of the agreement.
Along with participating in weekly conferences with the legal team throughout the litigation process, the consultant evaluated certain materials in connection with the partnering agreement, prepared supporting evidence for claims and defenses, prepared expert reports, and ultimately testified at the arbitration hearing. Our expert was able to help the court find, that as argued by the legal team that he was working with, that no damages were payable for breach.
Challenge: Alacrita was retained by a law firm to provide expert input on a dispute between two large pharma companies on the subject and terms of a historical licensing deal and the term for which royalties were payable on a market leading drug.
Solution: An Alacrita consultant specializing in the particular technology was engaged to provide expert reports and testimony on the technical aspects of the patent and contemporary business practices. The PhD consultant had more than three decades of experience in strategic and technical review, including conducting numerous technology assessments and due diligence on assets in the technology class. The length of this experience was of great value to the client because the expert was doing similar deals at a similar date to the agreement in dispute.
Challenge: In connection with a dispute over the licensing of a patent covering a novel drug, Alacrita was retained to provide expert testimony related to the appropriate market rate of royalties.
Solution: An accomplished Alacrita consultant with an extensive deal sheet and more than 25 years of pharmaceutical and biotech business development experience was engaged. The consultant possessed an in-depth understanding of drug development as well as of the evaluation, valuation and negotiation of strategic alliances and licensing deals. The consultant participates in regular conferences with the legal team and provides expert reports and testimony related to the royalty rate aspects of the litigation.