Legal Aspects of Negotiating and Drafting Business Development Deals

The Legal Aspects of Negotiating and Drafting Business Development Deals is a one-day course that allows delegates to gain an understanding of the relevant legal principles underlying business development agreements. The course will involve delegate participation in problem-solving exercises.

The course is delivered by BD experts from Medius and lawyers from Fasken Martineau LLP who all have significant expertise in negotiating and drafting a range of licensing, co-development, co-promotion and related agreements. In addition delegates will be work through case studies to explore solutions and compromises to common negotiation roadblocks.

This course is relevant to non-legal, business development professionals, senior manager and those with an interest in BD&L.

Course Overview

Deal Types and Structures

• Licensing – early and late stage
• Co-promotion/marketing
• Acquisitions and divestments
• Others

CDAs and Term Sheets

• Legal aspects of due diligence
• CDAs
• Term sheets
• Letters of intent
• Material transfer agreements
• Options
• Pitfalls during negotiation

Negotiation tactics

• Pre negotiation planning
• Achieving key objectives
• Negotiation tactics
• Managing concessions
• Negotiation behaviour

Key Agreement Terms

• Defining the intellectual property and the nature of the licence grant
• Control over the development/regulatory process
• Development/commercialisation efforts
• Responsibility for defending/exploiting intellectual property including third party royalties
• Liability issues
• Warranties and indemnities
• Rights on termination
• Choice of law and dispute resolution