Healthcare and Pharmaceuticals INDUSTRIES

WilmerHale's lawyers offer exceptional experience assisting healthcare providers, healthcare 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 healthcare practitioners in the EU and China.

The healthcare industry accounts for nearly one-fifth of the US economy. In the EU, healthcare 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.  

Experience

With the adoption of the Affordable Care Act, the US healthcare 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 healthcare 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 healthcare policy issues.

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

  • Healthcare Investigations/Enforcement Litigation. WilmerHale has been involved in some of the most significant healthcare-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 healthcare 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 US 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 healthcare 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 healthcare 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 healthcare 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 healthcare, 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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December 6, 2016

The Legal 500 Germany Recognizes WilmerHale Lawyers and Practices in 2017 Edition

The Legal 500 has released its 2017 edition of The Legal 500 Deutschland, Germany's guide to outstanding lawyers, recognizing WilmerHale in five categories.

November 17, 2016

Rise of digital DNA raises biopiracy fears

Bruce Manheim is quoted in this article published in Science magazine. The article describes how the use of digital DNA may be regulated by various nations under the Nagoya Protocol and may lead to allegations of biopiracy.

November 8, 2016

JUVE Ranks WilmerHale Lawyers and Practice Areas in Germany

The recommendations are selected by JUVE based on interviews with clients, lawyers and academics that assess a respective law firm's legal excellence, strategic direction, service orientation and future potential.

November 8, 2016

Regulation of Synthetic Biology Under the Nagoya Protocol

An article by Bruce Manheim, published in Nature Biotechnology, considers whether digital sequence information from genetic resources in foreign countries will be subject to the access and benefit-sharing requirements of the Nagoya Protocol and other international agreements.

November 8, 2016

WilmerHale Reps Infinity Pharma in $28M Licensing Agreement with Verastem

The WilmerHale deal team was led by Partners Belinda Juran and Steven Singer and included Associate Alex Civetta.

October 12, 2016

Freedom to Utilize Genetic Resources? The Nagoya Protocol Two Years Later

An article by Bruce Manheim, published as a WilmerHale Client Alert and republished by Intellectual Property Watch, discusses the Nagoya Protocol and how over the past two years—as various nations have adopted new provider and user measures—the Protocol's legal framework has begun to coalesce into an international regulatory scheme governing access to and use of genetic resources for research and development.

October 10, 2016

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.    

October 6, 2016

WilmerHale Advises Catabasis Pharmaceuticals in Closing of $11.5M Offering of Common Stock

The WilmerHale deal team was led by Partner Rosemary Reilly and included Counsel Jeffries Oliver-Li, Associate Timothy Kulis, and Attorney Heidi Treiber.

September 29, 2016

Doryx: Third Circuit Affirms Dismissal of Product Hopping Claim

On September 28, 2016, in Mylan Pharmaceuticals Inc. v. Warner Chilcott Public Limited Co. (Doryx), the Third Circuit affirmed the lower court's grant of summary judgment against antitrust claims by generic manufacturer Mylan regarding branded manufacturer Warner Chilcott's alleged “product hopping” activity with respect to its drug Doryx (delayed-release doxycycline hyclate).

September 29, 2016

Brexit and Data Protection: The Impact on GDPR Compliance

As we wait for the UK to decide what arrangement it will seek with the European Union when it leaves, it may be useful to focus on what Brexit may mean for data protection.