Rich H. Tilghman

Richard Tilghman is a trial lawyer who advocates for clients in complex and high-stakes commercial disputes in state and federal courts and alternative dispute resolution (“ADR”) forums.

Rich frequently litigates matters involving the health care and life sciences sectors, as well as defends clients in unique class action claims. Representing several Fortune 500 companies, Rich defends health care and life sciences companies, health technology companies, cannabis operators, highly regulated entities, and manufacturers in a variety of industries. He guides clients in litigation preparedness and avoidance, breach of contract disputes, class actions, theft of trade secrets, privacy claims, and product liability claims.

With deep knowledge of the health care sector, including pharmaceutical development and manufacturing disputes, health care industry supply chains, and pharmacy benefit management, clients value Rich’s pragmatic approach. After learning the client’s business objectives, he tackles complex factual scenarios to distill them into a compelling story, working side-by-side with clients to develop a case strategy that will lead to the best outcome.

Experience

• Successfully resolved claims brought by an acquirer under a representation-and-warranty insurance policy arising out of the acquisition of a biologics business.
• Successfully resolved claims involving breach of minimum annual purchase requirements under agreement for commercial manufacturing of a pharmaceutical product.
• Successfully resolved claims against a health care provider alleging discrimination in the application of diagnostic laboratory test scores to the provision of care.
• Defended claims against a contract research, development, and manufacturing organization arising from the termination of an agreement involving the development and production of a pharmaceutical product used in clinical research. With the opposing party seeking over $300 million in damages, all claims were defeated and a final judgment was obtained in the client's favor, along with partial recovery of attorneys' fees and costs.
• Defended a commercial manufacturer of a sterile injectable drug product from breach-of-contract claims seeking over $12 million. Defeated the entirety of the claimant's claims at trial, succeeded on the client's counterclaim, and recovered a portion of the client’s attorneys’ fees.
• Prosecuted a breach-of-contract arbitration involving the development of a new synthetic organic compound. Client was awarded over $3 million and all attorneys' fees, despite the absence of a fee-shifting provision in the underlying agreement.
• Obtained over $20 million on behalf of a global manufacturer of pharmaceutical products in the prosecution of a claim resulting from an agreement to develop an exclusive manufacturing suite and use the suite to develop a novel drug product. Matter proceeded through a full evidentiary hearing at arbitration.
• Resolved claims for a breach, on the eve of the final arbitration hearing, of a licensing agreement on behalf of a commercial manufacturer of sterile injectable products for several million dollars.
• Defended a publicly traded health care technology company in a class action matter involving potential exposure of hundreds of millions of dollars. The matter was resolved for a small fraction of the potential exposure and far below comparable settlements of similar claims.
• Represented a publicly traded global health care company in a complex class action involving potential exposure of over $100 million. The claims were successfully resolved for a fraction of the potential exposure, far below comparable settlements of similar claims.