On-Demand Contract Management Services For The Life Sciences Community

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We are Hiring!

Contracts Associates is looking for another experienced Life Sciences attorney consultant to add to our team.

Ideal candidate will be available 40 hours a week to work virtually with some on site work as needed. Responsibilities include managing and overseeing preparation, negotiation, and execution of day-to-day pharmaceutical corporate contracts including without limitation, US and ex-US clinical trial agreements, CRO agreements and statements of work, health care provider consulting agreements, vendor and service contracts, master agreements, laboratory services agreements, material transfer agreements, supply agreements, confidentiality or non-disclosure agreements, and related agreements. Ability to handle multiple tasks for multiple clients in a fast-paced, high volume environment is essential. Willingness to take initiative, be proactive, and good people skills are a must. Coordinate with client teams regarding contract needs and priorities. Prepare draft agreements in response to clients requests using pre-approved client templates. Manage negotiations on clients’ behalf with outside parties regarding contracts, and communicate with client attorneys and/or project managers regarding the same. Generally work to ensure clear and prompt communication with clients’ attorneys, employees, and outside vendors regarding contracts. Keep up-to-date on legal issues relating to the pharmaceutical industry and contracts for the same, and perform miscellaneous tasks and other duties as required for effective implementation, management, and upkeep of clients’ contracts and agreements. JD, 3-5 years, in-house background in pharmaceutical company required; familiarity with healthcare industry and regulatory environment preferred. Understanding of PhRMA code, FDA, OIG guidances, False Claims Act, Anti-kickback and other healthcare related statutes and regulations.

If interested, please email your resume and a cover letter to: cms@contractsassociates.com

New Annual IRS Fee On Branded Prescription Drugs Now In Effect

Health reform legislation included a new industry-wide fee on branded prescription drugs, based on a manufacturer’s share of the government drug sales market, defined as Medicaid, Medicare Parts B and D, Veterans Administration (VA), Department of Defense (DOD) and TRICARE retail pharmacy purchases. This annual fee, administered by the Internal Revenue Service, will be imposed starting September 1, 2012.

The fee amount is fixed each year by statute, $2.5 billion for 2011, and will be allocated by the IRS among branded prescription drug manufacturers and importers based on each manufacturer’s share of the government market, from data supplied by the Centers for Medicare and Medicaid Services (CMS), VA and DOD. More information on the fee: http://www.irs.gov/irb/2010-50_IRB/ar11.html

 

How Should Ethics Affect FDA Regulation of Genetically Engineered Animals?

The above is the title of an upcoming seminar sponsored by the Food and Drug law Institute and, in a nutshell, the speaker’s opinion is an unequivocal “there should be no effect at all”.

The promotional flyer I received has the following synopsis: “(the) FDA should resist the temptation to allow cultural fears to influence regulation of GE animals; oppose calls for mandatory labeling of GE animals based solely on their GE character; refuse demands to apply the precautionary principle to regulation of GE animals; and apply nuanced ethical analysis to animal welfare issues involving GE animals.”

Really?  The founding of the predecessor of the FDA was a direct response to a cultural shift in America (influenced in part by the publication of Upton Sinclair’s “The Jungle”); a call for government oversight of food safety and truth-in-advertising for the numerous tonics being pushed by snake oil salesmen. It stands to reason that, if the government is instituting labeling guidelines for organic food and the like, there should also be labeling for GE animal products as some Americans may wish to make informed choices en shopping for their families.

I can’t see why the FDLI is sponsoring this seminar and I cannot imagine what type of professional would take time out of their day to attend it.  Why not just let the U.S. Beef and Cattle Industry sponsor their own seminars for FDA policy makers and leave the FDLI out of it? With a 2010 retail equivalent value of $74 billion, they can afford it. The Industry could probably also absorb any costs that mandatory labeling would cause them to incur but I don’t imagine that issue will be raised in this objective, unbiased seminar.

 

New SEC Final Rules on “Whistleblower” Could Affect Private Pharmas and Biotechs

On May 25, 2011, the SEC issued final rules to implement the whistleblower provisions enacted as part of the Dodd-Frank Act. These provisions authorize the SEC to award substantial monetary bounties to individuals who provide original information to the SEC that leads to enforcement actions resulting in the collection of more than $1,000,000 in monetary sanctions.

The whistleblower rules will impact not only all public pharma companies, but also all private pharma companies that do business with public companies and entities regulated by the SEC. Your private company could find itself the subject of an SEC / DOJ investigation.

We can help you adequately instruct your employees on the impact of the new Rules. Contact Colleen at cms@contractsassociates.com for information that your company needs to know.

Thank you letter from the NYC Taxi Workers Alliance

We visit NYC several times a year for conferences and client visits and we take a lot of taxi rides while we are there.  Last August, during one such trip, a NYC cabdriver was stabbed by a passenger and the story of his family, struggling to cope with his injuries and the costs of caring for a newborn, really stuck a cord with me.

Our company made a small contribution to the fund set up for him. I found the thank you letter to be especially touching and thought I’d post it here: NYC Taxi Drivers Letter. As our clients share in the support of these contributions we make, they enable us to help out people like Mr. Sharif and his family. We thank them too.

My colleagues

We gave two presentations a day on this trip and the companies were at least an hour’s drive from each other. It was a real grind but the people at ICBio, Lotus Labs, Natural Remedies, and Micro Labs Ltd were a pleasure and my colleagues, Virkam and Birjit were great company.   Not only was the trip productive on a professional level but I also set a personal record for the most tea consumed in a weeks time (see pic).

Who are the top Masschusetts receipients of payments from Pharma?

The Commonwealth has prepared some ready-made reports broken out by manufacturer, physician and hospitals.

I question the veracity of these data as it I am sure that all manufacturers have not worked out all of the kinks of this new reporting requirement but the reports give one a good snapshot.  It will be interesting to see how, not if but how, this mandatory reporting system affects the manufacturer/ physician consulting agreements and budgets that we negotiate regularly.