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Eva Temkin works with pharmaceutical, biotechnology, and medical device companies on a wide array of issues related to product development, approval, and marketing. Drawing on nearly 20 years of practice, including almost a decade at the FDA, she works with clients to develop and execute regulatory, legislative, and litigation strategies. She also advises clients with respect to the Inflation Reduction Act and other new and evolving mandates affecting FDA-regulated products. Eva has counseled clients through formal and informal FDA dispute resolution proceedings, been the regulatory lead for numerous financial transactions, and served as lead FDA counsel on several complex litigation matters.

Eva has extensive experience with the unique issues facing biological products, including cell and gene therapies, in addition to a wide variety of drugs and devices. During her tenure at FDA, Eva served as the agency’s lead for development and implementation of therapeutic biologics and biosimilars policy. Additionally, she provided strategic counseling to government regulators on a wide range of biomedical-product issues and legislative initiatives. Eva is a frequent speaker and author on FDA regulatory issues and a contributor to multiple academic publications.

Perspectives

LDTs Are Not Devices Under the FDCA: Eastern District of Texas Vacates FDA Final Rule on LDTs
Advisory
Charting the Course for Tomorrow’s Advanced Therapeutics: Exploring How Legislation, Policy and Market Dynamics Will Shape Next-Gen Medicines in 2025 and Beyond
Speaker, ACI’s 3rd Annual Forum on Advanced Therapeutics
HHS Rescinds Longstanding Policy Requiring Notice of Certain Regulatory and Policy Changes
Advisory
Regulation of Human Cell & Tissue Products
Speaker, DIA Advanced Therapies
The Fate Of Biden-Era Clinical Study Guidance Under Trump (pdf)
Law360
More

Recognition

Chambers Global
Life Sciences: Regulatory/Compliance — USA (2025)
LMG Life Sciences Guide
"Rising Star" FDA: Pharmaceutical (2024)
U.S. Rising Star - Regulatory (2023)
Best Lawyers in America
FDA Law (2022-2025)
More

Credentials

Education

  • J.D., New York University School of Law, 2004
  • B.A., University of Michigan, 1996

Admissions

  • District of Columbia
  • New York

Government & Military Service

  • Acting Deputy Director, Policy Staff, Office of Therapeutic Biologics and Biosimilar, Office of New Drugs, U.S. Food and Drug Administration (2018-2021)
  • Senior Policy Advisor, Office of New Drugs Policy/Office of New Drugs, U.S. Food and Drug Administration (2017-2018)
  • Associate Chief Counsel, Office of the Chief Counsel, U.S. Food and Drug Administration (2013-2017)

Clerkships

  • U.S. District Court, Eastern District of New York, The Honorable John Gleeson

Activities

  • Medical Products Committee, Food and Drug Law Institute (2021-present)
  • Advisory Board, National Women’s Law Center (2023)
  • Board, Hope Connections (2023-present)
Overview