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In the first six months of 2026, acquirers announced 13 qualifying acquisitions of public biopharma targets worth $66.6 billion in upfront consideration. This survey examines that period and the surge within it: what is driving it, how the deals are structured, and what it means for the parties negotiating the next one. Focusing on the…
Contingent value rights have become a defining feature of biopharma M&A, appearing in under 10% of mid-cap public-target deals before 2019 but a quarter to a third of them in every year since 2023. They let a buyer pay less cash at signing while preserving upside for selling stockholders on a binary clinical, regulatory, or…
On August 3, 2026, the California Supreme Court held in Gilead Tenofovir Cases (Aug. 3, 2026, S283862) ___ Cal.5th ___ (slip opn.), that a drug manufacturer owes no duty of care to users of a non-defective drug when deciding whether and when to commercialize an allegedly safer alternative drug. The Court reached that conclusion on…
Life sciences companies should be aware of a new contract clause and accompanying guidance from the Federal Acquisition Regulatory Council (“FAR Council”) implementing President Trump’s Executive Order 14398, Addressing DEI Discrimination by Federal Contractors. Effective April 24, 2026, all new Federal solicitations and contracts subject to the Federal Acquisition Regulation (“FAR”) must contain a new…
We just published Gibson Dunn’s 2026 Royalty Finance Market Update — a comprehensive analysis of 133 life sciences royalty transactions from 2020 through 2025, totaling $32.7 billion in aggregate value. A few findings stood out to us as genuinely worth flagging for practitioners in the space.
On February 18, 2026, FDA Commissioner Martin Makary and Vinay Prasad, then-Chief Medical and Scientific Officer and Director of the Center for Biologics Evaluation and Research, published a landmark policy announcement in the New England Journal of Medicine that a single adequate and well-controlled pivotal trial — supplemented by confirmatory evidence — is now the…