Raymond C. Kolls leverages his experience as general counsel of two publicly listed life sciences/biotechnology companies to provide advice and strategic leadership on complex, high-priority client matters. He serves as a Listing Qualifications Panel member on the NASDAQ stock exchange.
Mr. Kolls has over twenty years of experience as a senior in-house legal executive and general counsel. He has executed over $3.5 billion in mergers and acquisitions and other strategic transactions in the United States and around the world, including the acquisition of the U.S.’s largest privately owned spinal medical device company. Mr. Kolls has also overseen transactions involving acquisition/disposition and licensing of intellectual property; joint venture and other structured investment transactions; numerous financing, capitalization, and debt transactions; and normal-course commercial agreements of all types.
Mr. Kolls has significant familiarity with public company disclosure obligations, including relevant interaction with finance and tax staff, as well as external auditors. He also has significant familiarity with litigation management, compliance (including anti-corruption), and the handling of corporate and internal investigations. He has led corporate legal departments and teams of external lawyers and consultants on major projects on numerous occasions. Mr. Kolls has had a varied legal career: he started legal practice at the international law firm Morgan Lewis & Bockius, where he practiced labor and employment law for such clients as American Airlines and Major League Baseball.
Mr. Kolls’ recent representative projects include the oversight and coordination of:
- A consulting team’s response to an IRS audit of a commercial real estate entity resulting in savings of several tens of millions of dollars
- The determination of whether a household-name food industry company should remain listed on a national stock exchange
- The termination of certain distributors of a life sciences company as part of an Foreign Corrupt Practices Act settlement
- An effort by a US consumer product company to acquire intellectual property of a competitor
- A consulting team’s activity on complex securities litigation matter involving short-swing profit rules
- A consulting team’s activity in multiple class-action cases in the oil and gas industry
Mr. Kolls has significant healthcare experience, including government investigations and False Claims Act litigation. He has led efforts to update and streamline compliance-related policies and procedures such as physician consultant contracting and payment processes, as well as advertising and promotion policies. He has served as chairman of a life sciences company’s Needs Review Committee responsible for making decisions regarding physician consulting agreements. With regard to healthcare industry intellectual property matters, Mr. Kolls led a litigation effort which resulted in a $76 million settlement payment to his client in patent infringement litigation, as a part of which the defendant withdrew from the market for the product at issue.
Mr. Kolls has significant corporate governance experience. As a general counsel, he served as the principal legal advisor to the boards and senior management of two companies. At one of his companies, Mr. Kolls played an instrumental role in management’s complete victory in a contested director election involving an activist hedge fund (Ramius) seeking to unseat both the chairman of the board and chairman of the compensation committee.
In addition, Mr. Kolls is one of approximately thirty-five professionals in the United States that the NASDAQ Board of Directors has appointed to serve as a member of the Exchange’s Listing Qualifications Panel. Panel members serve as hearing officers and determine whether NASDAQ-listed companies that have violated one or more listing requirements should remain listed on the Exchange. Panel hearings are conducted on the record, and counsel for hearing participants are present.
Mr. Kolls maintains close relationships with industry trade associations and is a member of the Compliance and Intellectual Property Planning committees for the 2013 AdvaMed Annual MedTech Conference, which is the largest trade association annual conference for the medtech industry.
Mr. Kolls is a frequent speaker and author. He has spoken most recently to the AdvaMed Legal Committee and the AdvaMed Northern California Legal and Compliance Roundtable. Presentation topics have included “Current Trends in Healthcare Regulatory Enforcement,” “Early Case Evaluation and Damages Analysis Utilizing Structured and Unstructured Data,” and “Federal Monitors Exercise Extensive Unregulated Power under Deferred Prosecution Agreements: Lessons from the Front.” He is the coauthor (with Heiko E. Burow) of “Basic Concepts and Issues: A Primer on Distribution and Sales Representative Agreements in the Medical Device and Durable Medical Equipment Industries” (Journal of Health Law 39:2, Spring 2006, American Health Lawyers Association).
Georgetown University Law Center
News & Insights
- Court Grants New Trial in AseraCare Hospice Case, Holding It Erred by Failing to Instruct Jury Regarding Standard for Proof of “Objective Falsity” in FCA False Certification CasesAHLA Fraud and Abuse Practice alertNovember 13, 2015
- AHLA Fraud and Abuse Practice alertJanuary 30, 2014
Seminars & Speaking Engagements
News & Commentary
- AHLAJune 30, 2015
- Raymond Kolls Appointed Vice Chair for AHLA Alternative Dispute Resolution Affinity Educational ProgramsMay 14, 2015
- American Health Lawyers AssociationDecember 22, 2014