Marlon B. Rajakaruna
Marlon is an accomplished corporate-commercial lawyer with a focus on life sciences, health care and commercial transactions. He previously practiced for over 18 years at a large international law firm where he was the co-leader of their global and national life sciences and health care practice groups. He is a thought leader in the area of clinical research and frequently speaks at national and international clinical research conferences.
Marlon regularly acts for Canadian and foreign pharmaceutical companies, medical device companies, diagnostics companies, hearing aid manufacturers, medical services companies, clinical research organizations, academic research organizations, academic health regions, universities, site management organizations, licensed producers, medical clinics, cannabis clinics and various health professionals. For these clients, he helps negotiate and draft a broad range of agreements and advises on risk management issues, regulatory matters, funding requirements and contract enforcement and interpretation. Marlon also develops various operating policies and procedures for these clients and provides them with strategic advice on organizational efficiencies.
Marlon represents a variety of clients on complex mergers, acquisitions and sale transactions, as well as assists them with negotiating and drafting a variety of commercial agreements, including joint venture agreements, partnership agreements, unanimous shareholder agreements, license agreements and distributorship agreements. He also assists clients on a variety of corporate and commercial disputes.
Clients consistently praise Marlon as being a skilled negotiator who is highly responsive, practical, efficient and uniquely qualified to address sophisticated legal issues.
Community Involvement
Marlon is a former University-level football player and scholarship athlete. He remains very active in sports, is a NCCP-certified coach and has coached over 25 youth football, basketball and soccer teams, including 2 City Championship teams. Marlon has been a guest instructor at MacEwan University and Mohawk College and an instructor for the Alberta Bar Admission Course.
Education
- International Bar Association
- LFMC Leadership Training Programme – 2021
- Model Agreements & Guidelines International (MAGI)
- Clinical Research Contract Professional (CRCP) Certification – 2014
- Harvard University Law School
- Certificate in Negotiation – 2008
- University of Alberta, Faculty of Law
- LL.B. – 2001
- University of Alberta, School of Business
- M.B.A. – 2001
- University of Calgary, Faculty of Arts (Political Science)
- B.A. – 1997
Honours and Awards
- Recognized in Global Health & Pharma’s Biotechnology Awards as a member of the Most Disruptive Biotechnology Law Firm
- Selected for inclusion in The Best Lawyers in Canada as one of Canada’s leading practitioners in the area of Biotechnology Law
- Recognized in Who’s Who Legal: Healthcare as one of the world’s leading practitioners in this field
- Finalist for the Lexpert Rising Stars Award, Leading Lawyers in Canada Under 40
Presentations
- (Upcoming) February 2024: CARA Three-Part Webinar Series, “Review and Negotiation of Research Agreements”
- (Upcoming) September 2023: SOCRA 32nd Annual Clinical Research Conference, Montréal, QB, “Why Boilerplate Clauses in Clinical Trial Agreements Matter”
- February 2023:CARA Three-Part Webinar Series, “Review and Negotiation of Research Agreements”
- September 2022: SOCRA 31st Annual Clinical Research Conference (Virtual), “Liability, IP and Data Issues – A True IISR Case Study”
- July 2022: SOCRA Canada’s Conducting Clinical Trials in Canada (Virtual), “Liability, IP and Data Issues – A True IISR Case Study”
- May 2022: CARA Annual Conference (Virtual), “Liability, IP and Data Issues – A True IISR Case Study”
- May 2022: CARA Annual Conference (Virtual), “Negotiating Non-Disclosure Agreements: Key Considerations”
- November 2021: CARA Three-Part Webinar Series, “Review and Negotiation of Research Agreements”
- October 2021: MAGI’s Clinical Research Conference (Virtual), “Risky Business: A CTA Case Study Involving Subject Injury & Indemnification”
- September 2021: SOCRA Annual Conference (Virtual), “Top 10 Mistakes Commonly Made When Drafting and Negotiating Clinical Research Agreements”
- May 2021: CARA Annual Conference (Virtual), “Top 10 Mistakes Commonly Made When Drafting and Negotiating Clinical Research Agreements”
- May 2021: MAGI’s Clinical Research Conference (Virtual), “Gotcha! Critical Words & Phrases in Clinical Trial Agreements”
- December 2020: Informa Connect Medical Affairs Congress (Virtual), “Liability, IP and Data Issues – A True IISR Case Study”
- September 2020: SOCRA Annual Conference (Virtual), “Identifying and Resolving Key Risk Issues in Clinical Trial Agreements”
- June 2020: Canadian Association of Research Administrators, Three-Part Webinar Series on Negotiating Clinical Trial Agreements
- December 2019: CBI Clinical Trial Legal and Contracting Forum, Philadelphia, PA, “Top 10 Mistakes Commonly Made When Drafting and Negotiating CTAs”
- October 2019: MAGI Clinical Research Conference – 2019 West, Las Vegas, NV, “Into the Abyss: Subject Injury and Indemnification”
- September 2019: SOCRA 28th Annual Clinical Research Conference, San Antonio, TX, “Top 10 Mistakes Commonly Made When Drafting and Negotiating CTAs”
- June 2019: SOCRA Conducting Clinical Trials in Canada, Toronto, ON, “Top 10 Mistakes Commonly Made When Drafting and Negotiating CTAs”
- May 2019: MAGI Clinical Research Conference – 2019 East, Boston, MA, “Managing Risk with Contracts: Informed Consent, Subject Injury, Insurance, Indemnification and Limitation of Liability”
- February 2019: CBI 7th Annual Investigator Initiated Sponsored Research Summit, Cambridge, MA, “Allocation of Risk and Liabilities in IISRAs – Tips and Traps”
- December 2018: CBI Clinical Trial Legal and Contracting Forum, Philadelphia, PA, “Allocation of Risk and Liabilities in CTAs – Tips and Traps”
- September 2018: SOCRA 27th Annual Clinical Research Conference, New Orleans, LA, “Negotiating a Reasonable Allocation of Risk in CTAs”
Professional Associations and Memberships
- Member, Law Society of Alberta
- Member, Canadian Bar Association (Business Law and Intellectual Property Sections)
- Member, American Bar Association (Health Law)
- Member, International Bar Association
- Charter Member, Model Agreements & Guidelines International (MAGI)
Languages
- English
Areas of Practice
- Corporate Commercial
- Agribusiness and Forestry
- Data Protection, Cybersecurity And Privacy
- Energy And Energy Distribution
- Intellectual Property Protection And Licensing
- Life Sciences and Healthcare
- Mergers and Acquisitions
- Procurement, Leasing And Commercial Contracts
- Technology And Information Technology
- Venture Technology, Start-ups And Emerging Companies