Stuart Falber is a partner in the Corporate Practice Group and the Life Sciences Group. He joined the firm in 1990. Mr. Falber principally represents clients in the life sciences area.
Practice
Mr. Falber's practice focuses on corporate and securities law, with an emphasis on private placements and public offerings of securities, mergers and acquisitions and venture capital transactions.
Mr. Falber provides ongoing general corporate and securities law advice to a variety of public and private companies, with a particular emphasis on companies in the life sciences area, including:
- Public Companies: Idera Pharmaceuticals, Inc.; The Medicines Company; Penwest Pharmaceuticals Co.; and ZIOPHARM Oncology, Inc.
- Private Companies: Aileron Therapeutics, Inc.; Braintree Laboratories, Inc.; Celtaxsys, Inc.; MC10, Inc.; Nano Terra, Inc.; Surface Logix, Inc.; Tetraphase Pharmaceuticals, Inc.; and Tokai Pharmaceuticals, Inc.
Representative transactions in which Mr. Falber has served as counsel include:
- Venture capital transactions, including most recently representation of Tetraphase Pharmaceuticals, Inc. in a $45 million financing round; Aileron Therapeutics, Inc. in a $40 million financing round; Tokai Pharmaceuticals, Inc. in a $22 million financing round; Surface Logix, Inc. in a $20 million financing round; and Gloucester Pharmaceuticals, Inc. in a $42 million financing round; as well as representation of venture firms in numerous financings
- Merger and acquisition transactions, including public and private company acquisitions and dispositions, asset acquisitions and sales, and public and private company spinoffs, including most recently representation of Penwest Pharmaceuticals Co. in its sale to Endo Pharmaceuticals, Inc. for $144 million; Gloucester Pharmaceuticals, Inc. in its sale to Celgene, Inc. for up to $640 million including contingent payments; The Medicines Company in its acquisition of Targanta Therapeutics for up to $136 million including contingent payments; Xanthus Pharmaceuticals, Inc. in its sale to Antisoma plc for $52.2 million; Transkaryotic Therapies, Inc. in its sale to Shire Pharmaceuticals Group plc for $16 billion; Pharmetrics, Inc. in its sale to IMS Health; Braintree Laboratories, Inc. in its sale of its Phos-Lo product line to Nabi Pharmaceuticals for a total of approximately $100 million; and Ascent Pediatrics, Inc. in its sale to Medicis Pharmaceutical for $60.0 million in cash plus a potential earnout of up to $50.0 million
- Public offerings, including most recently representation of Idera Pharmaceuticals, Inc. in a follow-on offering raising a total of $15 million; Merrill Lynch as underwriters in the public offering of Labopharm Inc.; raising a total of $101 million; Critical Therapeutics, Inc. in its initial public offering and follow- on offering raising a total of $60.1 million; Transkaryotic Therapies, Inc. in an underwritten convertible note takedown off a universal shelf registration statement raising a total of $90 million; and The Medicines Company in follow-on offerings raising a total of $131 million
- PIPE transactions, including most recently representation of Penwest Pharmaceuticals, Inc. in PIPE transactions raising a total of $112 million and Idera Pharmaceuticals, Inc. in PIPE transactions raising a total of $39 million
- Corporate collaborations and licensing transactions, including most recently representation of ZIOPHARM Oncology, Inc., Braintree Laboratories, Inc. and Idera Pharmaceuticals, Inc. in various licensing transactions
Professional Activities
Mr. Falber is a member of the American Bar Association, the Massachusetts Bar Association and the Boston Bar Association.
Speaking Engagements
- MCLE’s 24th Annual Business and Securities Law Conference – “Trends in Life Sciences Collaborations and Financings” – October 2006
- Hale and Dorr LLP – "Emerging from the Laboratory: Challenges Faced by Biotechnology and Other Healthcare Companies in Bringing Their Discoveries to Market" – Boston, MA – March 2, 2004
Publications
- "Preparing to Go Public: Practical Insights for Biotech Companies." Journal of Biolaw & Business (2004).
