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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July 20, 2016

WilmerHale Advises Aushon BioSystems in $6.14M Series C Financing

Aushon BioSystems, a global provider of protein biomarker measurement and analysis products and services via an innovative, cost-effective multiplex immunoassay platform, announced that it held the initial closing of a $6.14 million Series C Financing.

July 20, 2016

WilmerHale Advises PerkinElmer in €500M Eurobond Offering

PerkinElmer, Inc., a global leader focused on improving the health and safety of people and the environment, announced that it has completed a public offering of €500 million aggregate principal amount of 1.875% Senior Notes due 2026 at an issue price of 99.118% of the principal amount.  

July 18, 2016

WilmerHale Advises Intercept Pharmaceuticals in $460M Public Offering

Intercept Pharmaceuticals, Inc., a biopharmaceutical company focused on the development and commercialization of novel therapeutics to treat non-viral, progressive liver diseases, has announced the closing of an underwritten public offering of $460 million aggregate principal amount of 3.25% convertible senior notes due 2023.

July 13, 2016

Civil Fines Jump Across Agencies Under Inflation Adjustment Act

Civil fines across federal agencies have recently been increased dramatically under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) (Sec. 701 of Public Law 114-74), with some more than doubling. Companies violating the Hart-Scott-Rodino (HSR) Improvements Act, the Securities and Exchange Act, or the Occupational Safety and Health Act (OSHA), among others, could soon face civil monetary penalties that are up to 150% higher than the existing levels. According to the Congressional Budget Office, the 2015 Act would increase the federal government's revenue by $1.3 billion over the next ten years. 

July 5, 2016

WilmerHale Advises Syros Pharma in Initial Public Offering

WilmerHale advised Syros Pharmaceuticals, Inc., a life sciences company, in its initial public offering.

July 1, 2016

BTI Consulting Names WilmerHale Among Top Firms in 2016 for Pharma and Insurance

WilmerHale has been recognized by BTI Consulting this year for its strength of client relationships and its work in the pharmaceutical and insurance industries. Calling the ideal state of a client relationship “Clientopia,” BTI Consulting named WilmerHale among the select group of only 24 firms to achieve this standard.

June 24, 2016

WilmerHale Advises Spark Therapeutics in Public Offering

Spark Therapeutics, Inc. announced the closing of an underwritten public offering of common stock pursuant to an automatically effective shelf registration statement that was previously filed with the Securities and Exchange Commission.

June 16, 2016

Supreme Court Upholds Implied Certification Liability, While Emphasizing Materiality Requirement

In Universal Health Services v. United States ex rel. Escobar, the Supreme Court unanimously upheld the “implied certification” theory of liability under the False Claims Act (FCA), while emphasizing that only material misrepresentations are actionable.

June 3, 2016

WilmerHale Counsels TransMedics in Closing of $51.2M Growth Financing to Transform Organ Transplant Therapy

TransMedics, Inc., a medical technology company dedicated to improving quality, assessing viability and increasing the utilization of donor organs for transplantation announced the closing of $51.2 million growth equity financing.

May 27, 2016

WilmerHale Lawyers and Practices Recognized in 2016 Edition of Chambers USA

Chambers USA: America's Leading Lawyers for Business announced its final rankings for the 2016 edition, with WilmerHale ranking among the nation's best in 47 practice area categories. Chambers also ranked 82 WilmerHale lawyers as leaders in their respective fields.