Health Care and Pharmaceuticals INDUSTRIES

WilmerHale’s lawyers offer exceptional experience assisting health care providers, health care insurers and the companies that supply them with specialized products and services across a broad range of specialties. These specialties include fraud investigations and litigation; data protection and privacy; patent and trademark prosecution and litigation; transactions; antitrust; regulatory, legislative and public policy counseling; and commercial litigation. Our lawyers also include leading health care practitioners in the EU and China.

The health care industry accounts for nearly one-fifth of the US economy. In the EU, health care spending is expected to rise to nearly 15% of GDP by 2030. Our lawyers—who include the former general counsel of one of the largest health insurers in the country and senior in-house lawyers from an array of life sciences companies—know the industry from the inside.  

Leadership

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Singer, Steven D.

Steven D. Singer

Chair, Transactional Department

Co-Chair, Life Sciences Group

+1 212 295 6307 (t)

steven.singer@wilmerhale.com

Ross, Lester

Lester Ross

Partner-in-Charge, Beijing Office

+86 10 5901 6588 (t)

lester.ross@wilmerhale.com

Experience

With the adoption of the Affordable Care Act, the US health care system—and the legal regime governing it—are undergoing dramatic changes. Major regulatory innovations are also advancing overseas. Our lawyers bring experience serving in senior roles in government and hands-on knowledge of how the government works in advising clients on the many issues affecting health care companies that have a government component. Our group includes individuals who have served in the Justice Department, including in its Antitrust Division, the Federal Trade Commission, the White House and on the staffs of Senators who have been the leading voices on health care policy issues.

Our health care group brings together specialists in many fields of greatest use to companies and organizations in the health care sector:

  • Health Care Investigations/Enforcement Litigation. WilmerHale has been involved in some of the most significant health care-related, criminal and civil investigations and litigation during the last decade. We frequently represent clients in investigations, leveraging the knowledge of our deep bench of former Justice Department officials, including two former Deputy Attorneys General, a former Assistant Attorney General in charge of the Civil Division, a former US Attorney and numerous Assistant US Attorneys.
  • Public Policy and Congressional & Executive Branch Investigations. Operating at the intersection of law, policy and politics, WilmerHale’s lawyers represent clients in high-stakes congressional and executive-branch investigations, help them shape legislation and regulations and guide them through the political and media mazes that often accompany public policy controversies.
  • Transactional and Corporate. WilmerHale’s lawyers are renowned for their work on mergers and acquisitions, IPO’s, private equity deals, strategic alliances and corporate governance matters both domestically and in the EU and China. We provide a one-stop source for solutions to the diverse array of corporate issues facing health care and life-sciences clients.
  • Patent and Trademark Prosecution and Litigation. WilmerHale’s patent litigation practice is second-to-none, garnering numerous national awards for consistently winning headline-grabbing cases. Our patent prosecution team has filed thousands of U.S. and foreign patent applications. And our trademark lawyers are equally adept at registration and litigation.
  • Data Security and Privacy. Our firm offers significant experience navigating the complex waters of data security and privacy laws, including HIPAA, the HITECH Act and FTC medical data breach notification requirements. From advising on domestic and global regulatory issues to litigating nuanced questions of first impression, to shaping compliance regimes, our lawyers provide soup-to-nuts counsel to our clients.
  • Antitrust. Our antitrust and competition lawyers counsel companies on the full spectrum of antitrust issues in jurisdictions across the United States and around the globe. Our deep knowledge of securing merger clearance should put us at the top of the list for any health care company facing acquisition decisions.
  • Commercial Litigation. Our philosophy is simple: Consistent courtroom excellence is essential to client satisfaction in the resolution of high-stakes commercial disputes like the ones we litigate. We have extensive experience litigating a wide variety of complex civil cases, including ERISA matters.
  • EU/Germany. Advising on regulatory, public policy, and legal strategy questions in the German health care arena as well as in the rest of the European Union, our partners offer pharmaceutical companies, producers of medical devices, associations of physicians and other health care clients a full-services approach to tackling questions of public law, privacy, transactional, licensing, and other types of law as well as public policy and legal strategy advice.
  • China. WilmerHale offers companies around the world extensive experience and understanding of the Chinese legal and policy systems and their impact on the health care, pharmaceuticals and medical device industries. We also handle a wide range of acquisitions and other corporate transactions and provide unparalleled insight on market access questions.

Publications & News

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April 5, 2013

Technical and Scientific Experience

Our ability to provide superior legal representation to technology companies is greatly enhanced by the academic and industry experience of our lawyers in a wide variety of technical and scientific fields.    

January 2, 2013

The False Claims Act: 2012 Year-In-Review

The upward trends in False Claims Act (FCA) enforcement that we described in our 2011 Year-In-Review continued in 2012. In the fiscal year that ended on September 30, 2012, the U.S. Department of Justice (DOJ) secured $4.9 billion in FCA settlements and civil judgments, beating the previous record by more than $1.7 billion. Federal FCA recoveries since January 2009 add up to $13.3 billion, which is the largest four-year total in DOJ history. Our full review is available in PDF format.

December 11, 2012

JUVE Once Again Ranks WilmerHale Among "Top 50" Law Firms in Germany

December 4, 2012

Second Circuit Invalidates Misbranding Conspiracy Conviction on First Amendment Grounds

October 31, 2012

Affordable Care Act Litigation: The Next Round

An article by Jonathan Cedarbaum, Karen Green, Thomas Strickland, David Ogden and Randolph Moss, published in Bloomberg BNA's Health Insurance Report, Vol. 18, No. 43.

October 29, 2012

The Exclusion Illusion: Fixing a Flawed Health Care Fraud Enforcement System

Year after year, the government announces historic settlements in the area of health care fraud. During the last decade, the annual fines imposed on pharmaceutical companies have increased more than 800 percent, approaching a total of $25 billion.

October 18, 2012

Affordable Care Act Litigation: The Next Round

July 19, 2012

WilmerHale counsels PAION AG in licensing agreement with Yichang

May 31, 2012

The WilmerHale Obviousness Report: One-Hundred Decisions of the Federal Circuit Post-KSR

March 30, 2012

Managing IP Names WilmerHale as Patent Contentious Firm of the Year for the Second Consecutive Year