Mark Kass

,
 Senior Counsel Washington, D.C.
mkass@crowell.com
Phone: +1 202.624.2904
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Mark Kass is a senior counsel in Crowell & Moring's Corporate Group. Mark's practice focuses on corporate finance, mergers and acquisitions, and technology transactions, including IP license agreements and strategic agreements. His clients, which span the globe, operate in the technology and life sciences spaces, such as software, information technology, cybersecurity, biotech, and medical devices. A significant portion of Mark's practice involves representing leading Israeli hi-tech and life sciences companies, as well as other foreign-based companies doing business in the United States. He also represents companies in the consumer goods arena.

Mark has been recognized for exceptional standing in the legal community in Chambers USA: American's Leading Lawyers for Business in 2013 and in previous years for Corporate/M&A and Private Equity.

Emerging Companies, Investments, and Mergers & Acquisitions

Mark represents clients in preferred stock investments from leading U.S. and international venture capital and private equity funds. He has represented clients in acquisitions by foremost global technology companies. On the buy side, he has represented one of the largest European pharmaceutical companies in its acquisition of a U.S. company.

In connection with mergers and acquisitions, Mark provides strategic advice on deal structuring for both buyers and sellers. He handles asset sales transactions and carve-out transactions. 

Technology & Intellectual Property Transactions

Mark negotiates a wide range of technology and intellectual property agreements, including patent, software, and technology licenses; and collaborative research agreements. These agreements involve private parties, universities, and research institutions. He also handles complex software development agreements. Mark has extensive experience in life science patent licensing and international licensing.

Mark represents clients in strategic alliances and joint ventures, advising on ownership structure, revenue sharing, corporate governance, intellectual property ownership and use, and exclusivity provisions. He also negotiates teaming agreements and contractual joint venture agreements. He has extensive experience in life science collaborative agreements, including companion diagnostics and international alliances.

Mark prepares and negotiates distribution agreements, manufacturing agreements, sales agreements, and other commercial agreements, often internationally.



Affiliations

Admitted to practice: District of Columbia, New York, Israel (inactive)



Highlights, News & Knowledge


Speeches & Presentations

  • "Antitrust Implications in International Agreements," Association of Corporate Counsel Israel (December 12, 2017). Presenter: Mark Kass.
  • "New Heart: Issues in Intellectual Property Rights, FDA & Risk Mitigation," Tel Aviv Crowne Plaza (December 11, 2017). Panelist: Mark Kass.
  • "M&A in the Cybersecurity Space," HLS & Cyber 2016 Conference (November 15, 2016). Presenter: Mark Kass.
  • "Business & Legal Considerations in Establishing a Successful Digital Health Platform," Fostering Innovative Digital Health Strategies Conference (June 23, 2016). Presenter: Mark Kass.
  • "Cybersecurity: U.S. Trends in Risk Management," U.S. Cybersecurity and Homeland Security Conference (November 17, 2015). Panelist: Mark Kass.
  • "Cybersecurity Risk: The Roles of Board Directors and In-House Counsel," Association of Corporate Counsel Israel (November 16, 2015). Presenter: Mark Kass.
  • "Collaborative Agreements in Life Sciences," 5th Molecular Diagnostics for Cancer Drug Development Conference (June 20, 2013). Panelist: Mark Kass.
  • "Collaborative Agreements in Life Sciences," 5th World Companion Diagnostics Summit (November 20, 2012). Panelist: Mark Kass.
  • "Leveraging Philanthropic Capital to Fund Life Science Companies and University Spin-outs," Webinar (September 20, 2012). Co-Presenter: Mark Kass.
  • "Collaborative Agreements in Life Sciences," 4th Molecular Diagnostics for Cancer Drug Development Conference (June 20, 2012). Panelist: Mark Kass.
  • "M&A Prospects and Perspectives," Washington, D.C. (March 20, 2012). Presenter: Mark Kass.
  • "Collaborative Agreements in Life Sciences," 4th World Companion Diagnostics Summit (November 20, 2011). Panelist: Mark Kass.
  • "How to Best Position Your Company for an M&A or Public Offering," Washington, D.C. (March 20, 2011). Presenter: Mark Kass.
  • "Business Opportunities in Homeland Security and Defense," Tel Aviv, Israel (March 20, 2010). Presenter: Mark Kass.
  • "Fundamentals of Life Sciences Licensing," Maryland Tech Council (May 20, 2008). Presenter: Mark Kass.


Publications



Firm News & Announcements

Oct.10.2016 Crowell & Moring's Pro Bono Efforts in D.C. Honored by DC Appleseed Center for Law & Justice
Aug.18.2016 Deal Note: Crowell & Moring Represents REAN Cloud in Acquisition of Opex Software
May.19.2016 Deal Note: Crowell & Moring Represents REAN Cloud in a Strategic Investment from BV Investment Partners and TriCore Solutions, LLC.