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Andres Liivak

Partner

Andres Liivak

New York

T:+1 212 318 3271

Andres Liivak is a partner in the firm's life sciences and healthcare practice in the New York office of the firm. Andres's practice focuses on health technology transactions, advising global pharmaceutical companies as well as biotechnology, medical device and other health technology concerns worldwide.

Andres designs, structures and negotiates complex collaborations, licensing, commercial arrangements and M&A transactions. Andres helps put in place arrangements for hybrid royalty profit/cost-sharing, product risk and opportunity sharing, varying allocations across multiple territories, conditional option rights and acquisition options, each of which are becoming increasingly prevalent. Andres also counsels clients on contentious transactional matters, including complex settlements of commercial and intellectual property disputes involving health technology.

Andres draws on his experience with pharmaceutical, biotech and medical device operations to work on emerging advanced health technologies.  He works on health monitoring diagnostic wearables and related health data driven innovation.  His multiple projects on advanced therapeutic treatment processes have given him unique experience with the apheresis related technologies used in many emerging immunotherapies and a working knowledge for the special technical, regulatory and commercialization challenges that are present.

Working within Norton Rose Fulbright's global legal practice, the firm's compelling platform helps Andres provide his clients with an integrated solution to the ever changing set of disruptive challenges to their business objectives. In particular, the combination of privacy, healthcare regulatory, competition and IP advice – globally – is increasingly important to successfully undertaking such health technology deals.  Norton Rose Fulbright provides that solution.

Known for his collaborative approach and commitment to client service, Andres facilitates and enables deals by listening and appreciating the context to develop creative, effective solutions while driving deals to completion efficiently.

Andres is recognized by Legal 500 US for his work in life sciences and healthcare and as a "Life Science Star" in Euromoney's LMG Life Sciences Guide. He has also been recognized in Who's Who Legal's The International Who's Who of Life Sciences 2014, and he is recommended by PLC Which Lawyer as being among the leading lawyers throughout the US for Life Sciences: Commercial and Partnering.

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  • Education

    JD, George Washington University Law School, 1999
    MA, Economics, University of Chicago, 1995
    BA, Economics, Rutgers College, 1993

  • Representative experience


    Collaborations and Strategic Alliances

    • Represented a multi-national pharmaceutical company in its collaboration and license arrangements for novel oncology immunotherapies as well as in follow-on transactions for technology components
    • Represented a multi-national pharmaceutical company in its development and commercialization collaboration and license arrangements with a biotechnology concern featuring therapeutic area franchise profit sharing mixed with royalties based in differing territories depending on potential option exercise
    • Represented a multi-national pharmaceutical company in its co-commercialization arrangements with a specialty pharmaceutical company
    • Represented a multi-national pharmaceutical company in its collaboration and license arrangements with a biotechnology concern featuring territorial splits of development and commercialization rights and responsibilities that have the potential to shift during the term based on potential option exercise
    • Represented a leading tech company in its clinical trial and health data collaboration and license arrangements with a major biotechnology company
    • Represented a leading tech company in its health data wearable device development and supply arrangements with a major consumer products company
    • Represented a Japanese pharmaceutical company in its multi-product co-development, co-commercialization arrangements with a major U.S. biotechnology company
    • Represented a German pharmaceutical company in its development, license and manufacturing arrangements with a U.S. biotechnology/medical device company for the commercialization of a drug-device combination
    • Represented a major pharmaceutical company in its in-license, development, manufacturing and commercialization arrangements with a Japanese pharmaceutical company
    • Represented a major pharmaceutical company in exclusive manufacturing and supply arrangements with a life sciences technology company
    • Represented a major pharmaceutical company in a licensing agreement with a publicly held research-focused biopharmaceutical company for its spinal muscular atrophy (SMA) program
    • Represented a major European pharmaceutical company in a $650 million+ drug discovery partnership with a US biotechnology company
    • Represented a major pharmaceutical company in its multi-billion dollar multiproduct technology platform development collaboration and commercialization option arrangements with a biotechnology company
    • Represented a major European pharmaceutical company in a $500 million+ development collaboration and commercialization option arrangement with a US biotechnology company
    • Represented a major India-based device and drug manufacturer in a series of development, license, manufacture and commercialization transactions with major healthcare device companies
    • Represented a leading private equity-backed biotechnology company in several major deals with pharmaceutical partner companies
    • Represented a leading biotechnology company in the structuring of its novel complex commercial arrangements involving difficult regulatory challenges
    • Represented a leading wound care company in its development, manufacturing and commercialization collaboration and license arrangements with a device manufacturer
    • Represented a major pharmaceutical company in separate $250 million+, $700 million and $200 million+ multiproduct development collaborations and commercialization option arrangements with biotechnology company partners
    • Represented a major branded India pharmaceutical company in several of its multiproduct complex strategic alliances on branded drug development with different major US pharmaceutical companies
    • Represented a specialty pharmaceutical company in its multiproduct development and commercialization collaboration with a technology platform biotechnology company
    • Represented a major China-based pharmaceutical company in its renegotiation of a collaboration with a US biotechnology company
    • Represented a biopharmaceutical medical device company in its strategic alliance for the development, manufacturing, supply and marketing collaboration with another biopharmaceutical medical device company
    • Represented a major pharmaceutical company in its multi-hundred million dollar "Rx-to-OTC switch" in-license transaction for a major drug going over-the-counter
    • Represented a major India-based pharmaceutical company in its collaboration with a European biotechnology company


    Contentious Transactions

    • Represented a major biotechnology company in a series of challenging transactions to settle bet-the-company intellectual property litigations, clearing the way for the $6 billion+ M&A sale of the biotechnology company
    • Represented a major pharmaceutical company in its worldwide cross-license and settlement of interface actions with another major pharmaceutical company regarding their respective blockbuster products
    • Represented a major pharmaceutical company in several deal-related risk assessment analyses and successfully concluded resulting negotiations for the termination or renegotiation of complex contract arrangements, including co-promotion arrangements, development collaborations and in-license deals
    • Represented a major pharmaceutical company in a challenging three-party contentious contract dispute matter, ensuing major litigation and three-way litigation settlement involving complex licensing and transfer of assets


    Life Sciences Mergers & Acquisitions

    • Represented a major pharmaceutical company in its strategic divestment of two products, including negotiating the transition of the supply chains to the buyer
    • Represented a leading private equity-backed specialty pharmaceutical company in its winning 363 stalking horse bid for the acquisition of two marketed pharmaceutical products out of the bankruptcy sale of another pharmaceutical company
    • Represented a specialty pharmaceutical company in its $400 million+ acquisition of a therapeutic pharmaceutical product business and related assets
    • Represented a major pharmaceutical company in its strategic acquisition of a dermatology company
    • Represented a European vaccine company in its acquisition of vaccine assets
    • Represented a major biotechnology company in its $6 billion+ sale and merger with regard to life sciences and healthcare regulatory related matters
    • Represented a major pharmaceutical company in a $14 billion+ M&A with regard to product liability, indemnification and insurance matters
    • Represented a major pharmaceutical company in its strategic divestitures of major consumer products
    • Represented a specialty pharmaceutical company in its $25 million+ acquisition of Canadian rights to a biopharmaceutical medical device and related assets
    • Represented potential acquirers in numerous life sciences healthcare due diligence projects


    Operational, Marketing, Promotion and Sales Arrangements

    • Represented major pharmaceutical and biotechnology companies in their companion diagnostic development deals
    • Represented a major pharmaceutical company in its complex marketing and promotion arrangements with a specialty pharmaceutical company
    • Represented a major pharmaceutical company with several complex manufacturing arrangements
    • Represented a specialty pharmaceutical company in its contract sales force arrangements with a biotechnology company
    • Represented a specialty pharmaceutical company in its promotional arrangements with its independently contracted sales force personnel
    • Represented pharmaceutical companies, medical device companies and biotechnology companies in hundreds of operational transactions supporting discovery, development, commercialization, distribution and marketing of life sciences products and technologies
  • Admissions
    • New Jersey State Bar
    • New York State Bar
  • Rankings and recognitions
    • Legal 500 USA, recommended lawyer, Industry focus - Healthcare: life sciences, The Legal 500, 2016-2018
    • Legal 500 USA, recommended lawyer, M&A/corporate and commercial - M&A - middle-market ($500m-999m), The Legal 500, 2016
    • Life Science Star, Non-IP Litigation: Mergers & Acquisitions, LMG Life Sciences, 2015 - 2016