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Philip Katz
Partner, Washington, D.C.
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philip.katz@hoganlovells.com

Philip Katz is a Practice Area Leader of Hogan Lovell's pharmaceutical and biotechnology practice group. He advises companies, trade associations, and individuals in matters arising under regulation by the U.S. Food and Drug Administration (FDA) and related federal and state agencies. His clients are primarily manufacturers and distributors of drugs (prescription and over-the-counter) and biologics, ranging from large public companies with mature product portfolios to startups that have yet to bring a product to market. Phil counsels them on matters of regulatory compliance, helps them anticipate and address regulatory issues in their day-to-day business operations and strategic planning, and advocates on their behalf before the FDA, other agencies, and in court.

He also is experienced with U.S. Federal Trade Commission (FTC) and Consumer Product Safety Commission (CPSC) regulatory issues, having represented clients in many FTC advertising enforcement actions and CPSC product safety investigations.

Phil is a frequent speaker on a range of topics, and has been a guest university lecturer on matters of FDA law.

REPRESENTATIVE EXPERIENCE
  • Working with an innovator manufacturer’s medical, regulatory, and legal staff to draft and submit a petition raising bioequivalence issues that must be addressed before any generic products can be approved.
  • Helping a client maintain compliance with Prescription Drug Marketing Act requirements and restrictions governing distribution of prescription drug samples.
  • Advocating on a manufacturer’s behalf before state regulators to ensure that patient safety issues are considered as state formularies consider allowing generic substitution for the company’s product.
  • Leading a 12-person team providing strategic advice on product life cycle issues and conducting U.S. and EU regulatory due diligence in a possible $7.5 billion acquisition of a pharmaceutical manufacturer.
  • Defending a clinical investigator in the first disqualification hearing held in years, the result of the FDA's increasingly aggressive enforcement activities aimed at clinical investigators and their institutions.
  • Advising an academic institution on how to internally address evidence of serious noncompliance by a clinical investigator, and helping the institution interact with FDA and the Office for Human Research Protection to bring the matter to a successful conclusion.
  • Working with a company’s clinical trials and medical/science teams to seek FDA agreement to revise a Special Protocol Assessment for an ongoing clinical trial.
  • Working with an industry organization to develop policy positions regarding proposals for expanded clinical trial registries and data reporting.
  • Successfully suing FDA in federal court to block the agency from giving a competitor's product an advantage in the New Drug Application approval process, instead requiring FDA to treat all competitors equally.
  • Representing a drug manufacturer in federal court and in negotiations with the FDA to resolve the agency's seizure of a large quantity of product at a distributor's warehouse. The settlement permitted the company to continue distributing the product.
  • Helping a company obtain release of an imported active ingredient that had been detained at the port of entry, and then comply with requirements applicable to the manufacture for export of a finished product not approved for U.S. distribution.


Hogan Lovells Publications
26 June 2013 "Decision that design-defect claims against generic manufacturers are pre-empted may have broad impact." Supreme Court Alert, Hogan Lovells

07 January 2013 "Focus on Life Sciences Industry Trends for 2013." Life Sciences Alert, Hogan Lovells

04 October 2012 "FDA denies 5-year exclusivity to “stable esters” and confirms structure-based approach to exclusivity." Pharmaceutical and Biotechnology Alert, Hogan Lovells

27 April 2010 "Clinical Trials and Alien Tort Statute Jurisdiction." Pharmaceutical and Biotechnology Update, Hogan & Hartson LLP

26 April 2010 "New Health Care Reform Law Includes Tax Credit/Grant Program for Companies Developing Therapeutic and Diagnostic Products." Tax Update: Pharmaceutical, Biotechnology, and Medical Device Companies, Hogan & Hartson LLP

16 March 2009 "Waxman Bill Creates Risks, Opportunities." Pharmaceutical and Biotechnology Update, Hogan & Hartson LLP

12 July 2007 "Eighth Circuit Clarifies Ownership of Research Specimens in Washington University v. Catalona." Health Update, Hogan & Hartson LLP

12 July 2007 "Eighth Circuit Clarifies Ownership of Research Specimens in Washington University v. Catalona." Pharmaceutical and Biotechnology Update, Hogan & Hartson LLP

01 July 2005 "Expanded Research Exemption in Merck v. Integra." Pharmaceutical and Biotechnology Update, Hogan & Hartson LLP

25 February 2005 "FDA Drug Safety Reforms Take Shape." Pharmaceuticals & Biotechnology Update, Hogan & Hartson LLP

29 December 2004 "FDA Continues to Re-examine Part 11: Compliance Focus Now on Clinical Trials." FDA Update, Hogan & Hartson LLP

Published Works
03 October 2012 "Regulatory: Individual liability for corporate FDCA violations—What you don’t know can hurt you." InsideCounsel, Summit Business Media

November 2007 "Determining Patient Access to Investigational Drugs in the US." RAJ Pharma, Informa UK Ltd

PRACTICES
Food, Drug, Medical Device and Agriculture
Pharmaceutical and Biotechnology
INDUSTRY SECTORS
Life Sciences and Healthcare
Pharmaceutical and Biotechnology
AREAS OF FOCUS
  • Prescription and OTC Pharmaceutical Products
  • FDA/DOJ Enforcement Actions
  • Clinical Trials
  • Advertising and Promotion (FDA, FTC)
  • Consumer Products
EDUCATION
J.D., magna cum laude, Order of the Coif, Georgetown University Law Center, 1992 B.A., with distinction, University of Virginia, 1981
MEMBERSHIPS
  • Vice Chair, Board of Directors, Food and Drug Law Institute
  • Member, Advisory Board, Food and Drug Law Journal
AWARDS / RANKINGS
  • Legal 500 - Healthcare: Life Sciences, 2014
  • PLC Life Sciences Cross-border Handbook, Regulatory, Recommended, 2011-2012
  • PLC Which Lawyer?, USA – Life Sciences: Regulatory, Recommended, 2009
BAR ADMISSIONS / QUALIFICATIONS District of Columbia
COURT ADMISSIONS U.S. District Court, District of Columbia