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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May 16, 2016

Congress Creates Federal Right of Action for Trade Secret Misappropriation

On May 11, President Obama signed into law the Defend Trade Secrets Act of 2016, which enables companies to go to federal court to sue for misappropriation of trade secrets.

May 12, 2016

WilmerHale Reps Spring Bank Pharmaceuticals in IPO

WilmerHale represented Spring Bank Pharmaceuticals, Inc., a clinical-stage biopharmaceutical company developing novel therapeutics for the treatment of viral infections, in its initial public offering.

April 8, 2016

DOJ Launches FCPA Pilot Program to Encourage Corporate Voluntary Disclosure and Cooperation

On April 5, 2016, the Fraud Section of the Department of Justice's Criminal Division issued an enforcement plan and guidance laying out three steps it is taking to intensify Foreign Corrupt Practices Act enforcement.

April 4, 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.    

January 12, 2016

False Claims Act: 2015 Year-in-Review

In 2015, the Justice Department continued to give high priority to False Claims Act investigations, bringing in nearly $3.6 billion in settlements and judgments. 

December 21, 2015

The Medicines Company Agrees to Divest its Hemostasis Portfolio to Mallinckrodt plc

On December 18, The Medicines Company (NASDAQ:MDCO) announced that it entered into a purchase agreement pursuant to which certain subsidiaries of Mallinckrodt plc will acquire The Medicines Company’s global portfolio of three hemostasis products – RECOTHROM® Thrombin topical (Recombinant), PreveLeak™, and RAPLIXA™ (fibrin sealant) – for a total potential consideration of up to $410 million.

December 11, 2015

Neon Therapeutics Enters License Agreement with Broad Institute, Dana-Farber and Mass General

On December 9, 2015, Neon Therapeutics, an immuno-oncology company developing neoantigen-based therapeutic vaccines and T cell therapies to treat cancer, announced that the company has entered into a license agreement with the Broad Institute, Dana-Farber Cancer Institute and Massachusetts General Hospital.

December 7, 2015

Supreme Court To Address Permissibility and Scope of Implied Certification Liability Under the False Claims Act

On Friday, December 4, the Supreme Court agreed to hear a case raising the questions of whether implied certification liability is permissible under the False Claims Act and, if so, under what circumstances.

November 18, 2015

JUVE Ranks WilmerHale Lawyers and Practice Areas in Germany

JUVE, a prominent legal publication in Germany, highly recommends WilmerHale in several practice areas.

July 1, 2015

WilmerHale Named a Leading National Firm in the United States by The Legal 500

The Legal 500 United States has released its annual rankings, selecting WilmerHale as one of the preeminent law firms in the country.