Expert Witness Services
Pharmaceutical and biotech litigation often turns on questions that only someone with direct industry experience can answer credibly. What constitutes standard practice in licensing negotiations for a particular product class? What would a reasonable development timeline look like for an asset at a given stage? How should royalty rates reflect the risk profile of a specific technology?
Alacrita provides law firms with expert witnesses who bring precisely the right technical or commercial expertise for the case at hand. We draw from a network of 350+ specialist consultants spanning 29 functional disciplines, 22 disease areas, and 18 product modalities. These are full-time industry consultants, typically with 25+ years of experience in their respective fields, who specialize in specific therapy areas and product types.
The multidisciplinary depth of our network, combined with rigorous due diligence work for pharma companies and investors since 2011, has positioned Alacrita as a trusted provider of expert witness services to law firms engaged in disputes involving biopharmaceutical companies and assets. Our expert witness practice is led by Nigel Burns, PhD, LLB, a senior biopharmaceutical executive with a dual background in science and law.
What We Provide
Our expert witnesses work closely with legal teams throughout the lifecycle of a case, providing the technical grounding that complex biopharma litigation requires.
Unlike a typical consulting engagement where the expert provides a defined deliverable and moves on, expert witness work often involves sustained, deeper involvement. As a case evolves and lines of argument are developed and refined, the expert's input shapes the legal strategy on technical matters. For assignments that reach hearings, thorough preparation is essential, and our consultants are fully briefed and prepared to attend.
Types of Disputes
Alacrita has provided expert witness support across a range of biopharma litigation contexts. The common requirement is an expert with direct, relevant industry experience who can form and defend independent opinions on the technical or commercial issues at stake.
Licensing & Royalty Disputes
Disputes over the terms and interpretation of pharmaceutical licensing agreements, including royalty payment duration and rates, commercially reasonable efforts obligations, and resource allocation decisions. Requires expertise in deal structures, market-rate benchmarks, and the commercial practices contemporary to the agreement in question.
Partnership Agreement Disputes
Litigation arising from partnering agreements between biotech companies, including disputes over contractual obligations, breach, and the quantification of damages. Requires understanding of how such agreements operate in practice across the industry.
Patent & IP Litigation
Technical expert testimony on the scientific and development aspects of patent disputes. Requires deep expertise in the specific technology class, manufacturing processes, or product characteristics at issue.
Damages Valuation
Quantification of economic damages in biopharma disputes, drawing on product revenue modelling, deal valuation methodologies, and an understanding of how asset value is determined at different stages of development.
The Due Diligence Foundation
Alacrita's expert witness capability is built on the same foundation as our due diligence practice. Since 2011, we have been conducting rigorous, multidisciplinary assessments of pharmaceutical and biotech assets for large pharma, biotech companies, universities, and investors. That body of work has shaped a network of consultants who are experienced at evaluating complex data objectively, forming independent conclusions, and defending those conclusions under scrutiny.
The qualities that make an effective DD consultant translate directly to the courtroom. Integrity, independence, and the discipline to stay within the boundaries of your own expertise are fundamental to both. A consultant who has assessed dozens of licensing deals or evaluated the clinical viability of a specific technology class is already well-practised at the kind of analysis and opinion defence that expert witness work demands.
Precision matching across the full spectrum of biopharma
The critical advantage of our network is the ability to match the specific expertise a case requires. A dispute over an antibody-drug conjugate licensing deal needs someone with ADC development and deal-making experience, not a generalist. A royalty dispute on a marketed oncology drug needs someone who was working on similar deals at the time the agreement was signed.
Our network spans clinical development, regulatory affairs, CMC, preclinical, business development, valuations, and commercial strategy. When a law firm describes the technical requirements of a case, we can identify the right person because we already know the depth and specialisation of each consultant in our network.
Selected Experience
Examples of expert witness engagements Alacrita has conducted for law firms and their clients.
Expert witness to support pharma litigation process
+An international law firm retained Alacrita to provide expert witness services related to a partnering agreement dispute between two biotech companies. The central issue was the quantum of damages should the court find that a contractual breach had occurred.
Alacrita provided an expert with more than 30 years of experience in the relevant technology domain, including significant expertise in the stage of development of the assets in question and in the practices of developing, licensing, and commercialising the particular product type. The expert evaluated materials in connection with the partnering agreement, prepared supporting evidence for claims and defences, prepared expert reports, and participated in weekly conferences with the legal team throughout the litigation. The expert ultimately testified at the arbitration hearing, and the court found that no damages were payable for breach.
View full case studyExpert input on pharmaceutical licensing royalty dispute
+A law firm retained Alacrita to provide expert input on a dispute between two large pharma companies regarding the terms of a historical licensing deal and the period for which royalties were payable on a market-leading drug.
An Alacrita consultant specialising in the particular technology was engaged to provide expert reports and testimony on the technical aspects of the patent and contemporary business practices. The consultant, who held a PhD and had more than three decades of experience in strategic and technical review, had conducted numerous technology assessments and due diligence assignments on assets in the relevant technology class. The length and specificity of this experience was of particular value because the expert was doing similar deals at a similar date to the agreement in dispute.
Expert testimony on royalty rates for novel drug licensing dispute
+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.
An Alacrita consultant with an extensive deal sheet and more than 25 years of pharmaceutical and biotech business development experience was engaged. The consultant possessed deep understanding of drug development as well as the evaluation, valuation, and negotiation of strategic alliances and licensing deals. The expert participated in regular conferences with the legal team and provided expert reports and testimony related to the royalty rate aspects of the litigation.
Litigation support for antibody technology dispute
+A major global law firm required an expert witness to support a litigation process between its client and another large pharma company involving antibody and ADC technology.
Alacrita provided an expert with deep experience in the technology domain, the stage of development of the asset in question, and the practices of licensing and commercialising the particular product type. The expert worked under the direction of the law firm and its client until the process reached its conclusion.
View full case studyOur Thinking on Expert Witness Work
Assessing Reasonable Efforts in Biopharmaceutical Licensing Disputes
A practitioner's guide to how life sciences consultants support breach assessments in licensing disputes. Covers economic frameworks, valuation methodology, industry benchmarking, and the documentation that typically drives these cases.
Read GuideExperts and Witnesses: Two Sides of the Same Coin
How the skills and qualities that make an effective due diligence consultant — integrity, independence, and the ability to defend opinions — translate directly to the demands of expert witness work in biopharma litigation.
Read ArticleCase Studies
Expert Witness Support in Biopharmaceutical Licensing Arbitration
Expert witness to support pharma litigation process
Frequently Asked Questions
How does Alacrita match an expert witness to a specific case?
+We draw from a network of 350+ specialist consultants spanning 29 functional disciplines, 22 disease areas, and 18 product modalities. When a law firm describes the technical requirements of a case, we identify consultants with direct, relevant experience in the specific technology, therapeutic area, and stage of development at issue. These are full-time consultants, typically with 25+ years of industry experience, not academics providing occasional opinions.
What types of pharmaceutical and biotech disputes does Alacrita support?
+Our expert witness work has covered licensing and royalty disputes between pharma companies, partnership agreement disputes including damages quantification, patent litigation requiring technical expertise on drug development and manufacturing processes, and disputes over deal terms and commercial practices. The common thread is that these cases require someone who has actually worked in the relevant area of biopharma, not a generalist.
What is the relationship between Alacrita's due diligence practice and expert witness services?
+Our due diligence practice is the foundation of our expert witness capability. Since 2011, Alacrita consultants have been conducting rigorous, multidisciplinary assessments of pharmaceutical and biotech assets for investors and corporations. That work requires the same core skills needed in expert witness assignments: deep technical expertise, the ability to evaluate complex data objectively, and the discipline to reach and defend independent conclusions. Consultants who are experienced in due diligence are already practised at forming defensible opinions under scrutiny.
How does an expert witness engagement typically work?
+Once we identify the right consultant for the case, that individual works closely with the legal team throughout the engagement. This typically includes regular conferences with the lawyers, review of relevant documents and materials, preparation of expert reports, and, where required, testimony at hearings or arbitration. The duration and intensity vary depending on the case, but expert witness engagements tend to involve deeper, more sustained involvement than a typical consulting assignment.
Can Alacrita provide expert witnesses for both US and UK/European proceedings?
+Yes. With offices in Cambridge, Massachusetts and London, and a consulting network that spans the US and Europe, we can source expert witnesses familiar with the regulatory and commercial environments relevant to proceedings in either jurisdiction.
Does Alacrita manage the expert or does the law firm engage the consultant directly?
+Alacrita manages the engagement. The expert witness works under the direction of the law firm and its client on the substance of the case, but Alacrita handles the administrative and contractual aspects of the assignment. This is consistent with our model across all service lines: clients contract with Alacrita, and we manage quality and delivery.
How is Alacrita different from expert witness placement services or expert networks?
+Alacrita is an integrated consulting firm, not a placement service or expert network. Our consultants work for Alacrita on defined assignments; law firms contract with Alacrita; and Alacrita manages the engagement, quality, and delivery. This means the expert witness is supported by the same infrastructure and project management that underpins our due diligence, valuations, and other consulting work. We are not a directory of available experts, and we do not offer one-hour consultations. Our expert witnesses are engaged on substantive, sustained assignments where deep involvement matters.
Who leads Alacrita's expert witness practice?
+Alacrita's expert witness practice is led by Nigel Burns, PhD, LLB, a senior biopharmaceutical executive who advises on strategic R&D issues for biotechnology companies, venture capital funds, and governments. His dual background in science and law gives him particular insight into the requirements of effective expert witness work in biopharma disputes.
How does Alacrita assess reasonable efforts in licensing disputes?
+In licensing disputes involving commercially reasonable efforts obligations, our consultants provide industry context by analysing whether development decisions, resource allocations, and strategic choices align with what companies typically do under similar circumstances. This includes technical assessment of clinical results against industry benchmarks, economic frameworks such as risk-adjusted NPV and Monte Carlo simulation, industry benchmarking against comparable transactions, and evaluation of portfolio prioritisation practices. We have published a detailed guide on this topic.
Discuss Your Case
Contact us to discuss your expert witness requirements. Given the intensive nature of these engagements and the need for precise expertise matching, an initial conversation helps us determine whether we can provide the right fit for your case.