Life science due diligence transactions: key considerations to manage risks and reap rewards

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In every due diligence involving a life science transaction, the parties (a.k.a. “buyer/ licensee/collaborator/partner” and “seller/licensor/collaborator/other partner”) need to identify various risks and obstacles that must be addressed. For example, both parties will want to understand key topics such as valuation modeling, valuation timing, intellectual property, the asset transfer process, representations and warranties, recent case law and governmental considerations (e.g., current TRIPS waiver concerns and possible extensions thereto), and more. The due diligence process allows both parties to review each of these topics, among others, and assess potential risks, deal makers and deal breakers, as well as potential alternative approaches that may be needed to overcome obstacles that are uncovered by the due diligence.