Issue 189
Welcome back to E&O Fridays, a paying subscribers-only weekly newsletter focused on the world of digital pharma products and FDA-regulated digital health.
E&O Fridays.
This is an unusual Breaking News version of E&O, so I’m going to skip the bullets this week… Did a friend forward this to you? You, too, can win friends and influence people via newsletter forwards by clicking right here. Become the newsletter-forwarder we both know you were meant to be. Act fast! This offer won’t last forever (I am not immortal).
Breaking: Pear Therapeutics files for bankruptcy
About an hour ago Pear Therapeutics announced that it had filed for Chapter 11 bankruptcy protection — and that it had laid off 177 additional employees — as it continues the process of seeking a buyer.
Read on for more from the announcement, the court filings, and a letter from Pear’s CEO.
According to the announcement:
“With the protections afforded by the Bankruptcy Code, the Debtors intend to continue their marketing efforts to potential purchasers interested in specific assets as well as continuing to seek a sale of the whole business. Any of those sales would be subject to review and approval by the Bankruptcy Court and compliance with bidding procedures to be approved by the Bankruptcy Court.”
Notably, Pear has retained enough employees on salary to ensure current patients using its prescription digital therapeutics can still access them:
“[Pear continue to] employ fifteen (15) full-time employees (the “Employees”) on a salaried basis, and one (1) consultant (collectively with the Employees, the “Transition Team”) on an hourly basis, as of the Petition Date… [Pear] intend to retain sufficient staffing through the Transition Team to allow current patients to utilize the [Pear’s] products for the duration of their current fill of their prescription (without refills), complete their responsibilities in the Chapter 11 Cases, completing one or more sales of the [Pear’s] assets and confirming a chapter 11 plan.”
Among the events that led Pear to its Chapter 11 filings: Lower-than-expected revenue and the SVB crisis. Plus: Details on the sales process so far
Here’s how Pear explained the company’s recent revenue trajectory, which it said was a key factor leading to the bankruptcy filing:
“In addition to capital raising issues, Pear expected its revenues to continue to grow after going public. Revenue grew in the first, second, and third quarters of 2022, but revenue in the fourth quarter of 2022 was down from the prior quarter and revenue in Q1 2023 was down further.”
The Silicon Valley Bank crisis was a distraction to the company’s leadership and it spooked Pear’s creditor, Perceptive:
“Compounding issues further, Pear… maintained most of its cash at SVB prior to the run on the bank on March 9, 2022 and the bank’s collapse on March 10, 2022. This caused significant distraction to the executive and leadership teams at Pear as they tried to open new accounts, evaluate options in the absence of access to cash and consider strategic alternatives. The FDIC’s receivership of SVB prompted Pear’s discussions with Perceptive as to issues over demand control agreements and the financial creditworthiness of Pear, ultimately leading to the Settlement Agreement.”
Pear has received three non-binding acquisition offers so far — after hiring MTS to help it pursue a sale of the company in March:
“MTS pursued over 140 different institutional, strategic and financial potential purchasers. Potential strategic purchasers included pharmaceutical companies, health care insurance payors, health care providers, public technology companies, venture capital and private equity-backed health and medical technology companies, pharmacies, and others… Over 90 parties engaged or responded to the strategic marketing process, approximately 24 parties executed or are in the process of executing confidentiality agreements and three parties submitted non-binding offers.”
Pear expects to continue that bidding process under the bankruptcy court’s supervision and suggested a schedule to the court that would include a bid deadline of May 1st, an auction on May 3rd, a deadline for objections to sale on May 5th, and a sale hearing on May 8th — subject to the court’s approval. More details in Pear’s First Day Pleadings to the bankruptcy court here.
Finally, this letter from Pear Therapeutics founder and former CEO Corey McMann, which he posted on LinkedIn — is worth a read:
“Today is a difficult day for Pear Therapeutics. We announced that Pear voluntarily filed for Chapter 11 and will seek to sell assets through a sales process. We also announced a reduction in force, including me. This is certainly not the outcome I envisioned when I founded Pear in 2013.
I want to take this opportunity to sincerely thank our departing Pear employees. The Pear team has accomplished a lot together in bringing the first Prescription Digital Therapeutics (PDTs) to market. We’ve shown that clinicians will readily prescribe PDTs. We’ve shown that patients will engage with the products. We’ve shown that our products can improve clinical outcomes. We’ve shown that our products can save payors money. Most importantly, we’ve shown that our products can truly help patients and their clinicians.
But that isn’t enough. Payors have the ability to deny payment for therapies that are clinically necessary, effective, and cost-saving. In addition, market conditions over the last two years have challenged many growth-stage companies, including us.
I want to personally thank each and every one of our employees for all that they’ve done for Pear and for patients. You are brave, talented, hard-working, mission-driven people and one of my greatest privileges has been to work by your side. I hope that this news doesn’t lessen your enthusiasm to innovate for patients.
A request for my LinkedIn network, as you see this, I highly recommend you connect with Pear alumni today to realize the tremendous benefits of having them join your team. Here’s to the future of digital medicine that we’ve worked so hard to create.”
Links to E&O’s reports, databases, newsletters
The Exits & Outcomes site is designed to make it easy to find long-form research reports, databases, and past newsletter editions. Click below for dedicated pages for each of those categories:
- Read through the long-form E&O research reports here.
- Search and sort the E&O databases here.
- Skim more than 200 past issues of E&O newsletters here.