Our relationship with Gilead Sciences has entered an exciting new phase following our engagement to represent Gilead in a major anti-trust case. The Reporter finds out how client focus has paved the way for a new phase in our partnership.

The Firm is representing Gilead as it fights a multi-billion class action alleging that the pharmaceutical company conspired with its partners Bristol-Myers Squibb, Janssen Pharmaceuticals, and Japan Tobacco to monopolize the HIV drug market.

Global Relationship Partner Heather McDevitt explains: “Being engaged to represent Gilead in a case of this magnitude is a giant step forward in our relationship.

“Gilead is a fantastic client to work with and has been a pioneer of HIV medication – turning a condition that was effectively a death sentence into something that can be more manageable.

“We’re delighted to be representing it in this action.

“As soon as we heard about the case, we knew that we had the exact mix of expertise, experience, and client and industry insight to make us the perfect choice for Gilead.

“We knew we were up against strong competition, including firms that have represented Gilead in matters related to these HIV products, but we’ve since been told that our pitch was at a different level, which is a nice endorsement of our approach.”

The Firm’s response to the pitch opportunity was aided by the level of focus given by the key client program and the support of a dedicated client team, including Relationship Manager Jennifer Eckert.

Heather says: “Over recent years we’ve built a closer relationship with Gilead, building trust and developing our understanding of its business.

“The key client program also fosters a level of collaboration that helped us put together a diverse and comprehensive team covering all areas of expertise in a short period of time.

“Both of those things were important to our retention to handle this case.”

The Firm filed a Motion to Dismiss the case against Gilead and its co-defendants in September and the motion is currently scheduled to be argued in January 2020.

Silicon Valley Office Executive Partner Heather Burke says: “The plaintiffs’ complaint is 140 pages long, so the motion to dismiss itself was a major endeavor.

“The amount of damages being sought runs into the billions, so for Gilead to choose us for a case of this size, importance and profile is a big vote of confidence in us.

“In addition to the relationship we’ve built in recent years, I think they valued the diversity and depth of expertise of our pitch team, which included Heather, Chris Curran, Bryan Gant, Peter Carney, Kristin O’Shaughnessy, Alison Hanstead and myself.

“They also valued that our Silicon Valley office is less than an hour away from their headquarters in Foster City, California, so it helped that we had feet on the ground. It means most of our meetings can be done face to face.

“I’ve been impressed by the support Gilead has offered us in building our understanding of the case and their products.”

Such a close working relationship has been important to the growth of our partnership with Gilead, which began in 2015 when the client was looking for a legal partner to help on Technology Transaction matters.

This work was led by Partner Adam Chernichaw and former Partner Eric Hwang and was strengthened further when Gilead asked us to support its in-house technology legal department in day-to-day commercial contract work, done via our Tampa Shared Services Center.

Adam says: “Our work for Gilead over the years has been consistent, but we’ve always wanted to take the relationship to the next level and into different practice areas.

“That’s why our recent instruction in California is significant and exciting.

“Gilead has tended to use a select number of trusted firms for this type of work in the past, so it’s taken a bit of time to break through and prove ourselves.

“That we have is testimony to the focus that Heather McDevitt and everyone involved have put into the relationship – hard work that is now starting to pay off.”

Over recent years, we’ve also invested in the relationship with Gilead through regular client events and secondments.

London-based Partner Jonathan Pickworth says: “I’m delighted to see us broaden the number of meaningful relationships we have with Gilead through regular instructions and secondments, with Associates Joe Carroll and Marek Dosedel completing secondments in Gilead offices in London and Prague respectively.

“We appreciate the value of having multiple touch points with Gilead, in different offices and practices, so we can really understand its business, strategy, and add value.”

Our ongoing European work with the client includes advice we are giving Gilead on its sponsorship agreement with the Elton John Aids Foundation in Russia – an example of where we’re helping Gilead proactively avoid legal issues as well as responding to them.

Jonathan says: “Development with Gilead has been slow and steady, but I’d love to think that some of what we’ve done in Europe has contributed to our brand recognition and helped us take the relationship to the next level.

“The impact that the key client program and sector initiative have had on our success with Gilead can’t be underestimated.”