Regulatory strategy · policy · intelligence

Regulatory strategy for differentiated programmes in areas of high unmet need.

Independent counsel for rare disease, oncology and neuroscience programmes, from the regulatory leader who took a first-in-class ALS therapy to FDA accelerated approval and European approval, qualified the biomarker that made it possible, and wrote industry positions that regulators adopted.

Bring the programme. Bring the policy problem. Bring the question nobody has answered yet.

Accelerated approval, tofersen
Global and US regulatory lead. FDA accelerated approval 2023, EU approval 2024, the first in ALS.
Unanimous advisory committee
Led the FDA advisory committee in SOD1-ALS to a unanimous vote after a failed Phase 3.
Policy that was adopted
Drove the Type D meeting provisions of PDUFA VII to formal adoption; accelerated approval comments carried forward by BIO.
40 Under 40 in Cancer
Emerging Leaders, 2023. Oncology regulatory lead across MDS, myeloma, SCLC, NSCLC and solid tumours.
Experience earned at
GSKCelgeneAbbVieBiogenVirModernaMannKindFormation Bio
What I do

Three practices. One regulatory judgement.

Most consultants offer strategy or policy. The programmes that matter need both: a plan that reads the agency correctly today, and the standing to shape what the agency expects tomorrow.

01

Regulatory strategy

Development strategy for novel assets, from first-in-human to the advisory committee and the label. Decided on the evidence, then carried through the organisation.

  • Pathway selection and expedited programmes: accelerated approval, breakthrough, orphan, exceptional circumstances
  • FDA Type B, C and D meetings, EMA Scientific Advice, SAG and oral explanation, PMDA
  • Advisory committee preparation: briefing document, core story, panel readiness
  • Biomarker and surrogate endpoint strategy
Strategy in detail →
02

Regulatory policy & advocacy

Company positions that survive contact with FDA, Congress, the European Commission and the trade associations, and the internal machinery that makes influence measurable.

  • Position development and guidance comments (accelerated approval, AI in development, PDUFA)
  • Engagement through PhRMA, BIO, EFPIA and patient coalitions
  • Congressional and state advocacy in partnership with government affairs
  • Policy and advocacy councils, built at AbbVie and Biogen
Policy in detail →
03

Intelligence & due diligence

Precedent read properly. What FDA and EMA actually decided in comparable programmes, what has changed, and what it means for the asset in front of you.

  • Regulatory due diligence for oncology, neurology and rare disease assets, defended through to acquisition
  • Precedent analysis, FDA and EMA divergence, horizon scanning
  • BIOSECURE, PDUFA VIII and emerging policy risk assessment
  • Leadership workshops on the policy environment and its consequences for programmes
Intelligence in detail →
Where I have done it

Rare disease, oncology, neuroscience.

Rare disease

Global therapeutic area head for neuromuscular and rare diseases at Biogen. EU orphan significant benefit, exceptional circumstances, paediatric expansion and the biomarker arguments that small populations depend on.

Orphan designationSignificant benefitExceptional circumstancesPaediatric sBLA

Oncology

US regulatory lead for small molecules and antibody drug conjugates across high-risk MDS, multiple myeloma, SCLC, NSCLC and other solid tumours. Global lead for five first-in-human assets. ODAC preparation. Diligence on masked T-cell engagers through to acquisition.

ADCsBreakthrough therapyODACDue diligence

Neuroscience

Tofersen in SOD1-ALS from strategy reset to accelerated approval: the advisory committee, neurofilament as a qualified biomarker for regulatory decision-making, and Congressional engagement to sustain support for ALS drug development during the review.

Antisense oligonucleotidesBiomarker qualificationAdvisory committeeEU approval
Track record

Outcomes, not activities.

Each of these was a live decision with a real team, a real agency and a real deadline. They are the reason clients call.

2023 · 2024

Tofersen to accelerated approval, then EU approval

Moved the strategy from traditional to accelerated approval on the biomarker, where the substantial evidence actually sat. Built the case with the team, negotiated it with the Head of R&D, and delivered FDA accelerated approval in April 2023 and approval under exceptional circumstances in Europe.

Biogen · SOD1-ALS · antisense oligonucleotide
March 2023

A unanimous advisory committee after a failed Phase 3

Owned preparation and execution: briefing document, core story, speaker selection and panel readiness across the cross-functional team. The committee voted unanimously for accelerated approval.

FDA advisory committee · SOD1-ALS
2023

Neurofilament qualified for regulatory decision-making

Qualified a novel biomarker for regulatory decision-making in ALS in the course of the approval, opening a pathway that subsequent programmes can use. Presented for C-Path on an FDA panel afterwards.

Biomarker strategy · substantial evidence of effectiveness
PDUFA VII

Type D meetings, formally adopted

Drove the industry position on Type D meeting provisions and staffed senior leaders through the negotiation. The provisions were adopted and are now part of how every sponsor engages FDA.

US regulatory policy · PhRMA · BIO
2024 · 2025

Accelerated approval reform and guidance

Reshaped the company position and the coalition around it through BIO, government affairs and the EveryLife Foundation when the pathway was under the most scrutiny in a decade. Later drafted guidance comments at Moderna that BIO adopted as the industry position.

Biogen · Moderna · BIO
Europe

Orphan significant benefit and EU co-packaging

Led a public industry discussion on the evolution of significant benefit that landed a materially more favourable outcome, and the AbbVie engagement with the European Commission on co-packaging that yielded greater clarity for the whole industry.

AbbVie · European Commission · EMA
2023

Congress, during the NDA review

More than twenty meetings with Representatives at the Congressional fly-in, sustaining bipartisan support and education for ALS drug development while the tofersen NDA and advisory committee were live.

Federal and state advocacy · government affairs partnership
2024

Diligence through to acquisition

Led the regulatory assessment for multiple oncology due diligence projects, including the completed and publicly announced acquisition of masked T-cell engagers. Defended the assessment through to close.

Vir Biotechnology · oncology BD
2026

AI in drug development, in front of FDA

Led FDA Type C meetings with CDER on the use of AI in development, advised on BIOSECURE and PDUFA VIII, and spoke alongside FDA and industry at the DIA Annual Meeting and the Fierce Biotech panel on AI in drug development.

Formation Bio · CDER · DIA · Fierce Biotech

Built policy and advocacy councils at AbbVie and Biogen; built Celgene's European regulatory intelligence team; EFPIA topic leader at GSK. The full career is on the About page.

Read the full profile →
How I work

Forward-looking. Solutions first.

Regulatory advice is only useful if it changes what the programme does next. I work inside the team, own the recommendation, and stay for the meeting.

ProjectA meeting, a submission, a diligence, a position paper. Scoped, priced, delivered.
RetainerOngoing strategic counsel to the regulatory lead, CMO or CEO.
Fractional head of regulatoryLeadership for a lean company between full-time hires or ahead of a financing.
AdvisoryHourly access for the sharp question and the second opinion.
1

Read the agency, not the guidance alone

Guidance tells you what is permitted. Precedent, review memos, advisory committee transcripts and the people in the division tell you what is likely. Strategy is built on the second set.

2

Put the programme on the pathway its evidence supports

Tofersen was headed for traditional approval until the data said otherwise. Moving it took scenario planning, an honest account of what accelerated approval demands, and an internal negotiation. The result was a unanimous vote.

3

Carry the organisation with the strategy

A regulatory plan that R&D leadership, clinical, commercial and the board have not bought into is a memo. I build the case with the team so that the recommendation arrives with its supporters.

4

Shape the environment you will be judged in

Policy and strategy are the same discipline at different time horizons. Where a guidance, a user-fee commitment or a European definition is going to constrain the programme, engage early through the associations and directly.

5

Say the difficult thing early

Boards and investors hear the regulatory risk from me before they hear it from the agency. A clear-eyed diligence or an unwelcome pathway assessment is worth more than a comfortable one.

Mark Rutter
Principal
Mark Rutter
Founder, 5010 Consulting · Founder, 5010 AI

Regulatory strategy and policy leader with a career across GSK, Celgene, AbbVie, Biogen, Vir, Moderna, MannKind and Formation Bio, most recently as Vice President of Regulatory Affairs. Global regulatory therapeutic area head for neuromuscular and rare diseases and US regulatory policy head at Biogen; oncology global regulatory lead and policy director at AbbVie. Has represented innovator companies at PhRMA, BIO, ARM, EFPIA, EuropaBio and the BIA.

Also the founder of 5010 AI, whose Nexus platform gives regulatory teams curated FDA and EMA approval precedent and cited analysis. Clients of 5010 Consulting get the strategist and the tooling he built for the job.

40 Under 40 in Cancer, 2023McKinsey Executive Leadership ProgramBSc (Hons) Analytical Chemistry
Start a conversation

Bring me the programme, the policy problem, or the question.

The first conversation is a working session, not a pitch. You will leave with a view on the pathway, the risk and the next three moves, whether or not we go on to work together.

Typical first engagements
Pathway assessment · Type B/C/D meeting strategy · advisory committee readiness · diligence on an in-licensing candidate · a position on an emerging policy
Who calls
CEOs and CMOs of early and mid-stage biotech, heads of regulatory at established pharma, investors and business development teams.
Where
Natick, Massachusetts. US and EU programmes; remote and on site.