Digital Health
Digital health technologies are revolutionizing the global health care environment by advancing health care delivery, big data analytics, and medical product innovation.
Telemedicine platforms, health IT applications, remote patient monitoring and other wearable devices, and enhanced artificial intelligence and other technologies are transforming the delivery of health care. Innovations in health IT and the accessibility of data are enhancing disease monitoring and diagnosis tools, the use of consumer health information, the evolution of remote delivery models, research and development, and service to underserved communities. Companies and institutions in the private and public sector are increasingly investing in and integrating digital health technologies to enhance quality, reduce costs and inefficiencies, and enable access to data. The use and development of digital health technologies and the delivery of care through remote modalities raises complex and evolving legal challenges at both the federal and state levels. Our team advises on the full spectrum of regulatory, litigation, policy, and corporate risks and opportunities in the digital health space to help our clients meet their goals.
Our team brings together more than 100 lawyers from practices across our integrated, global platform with significant experience in solving complex regulatory and transactional issues in the health care, life sciences, and technology sectors. Our multidisciplinary legal team is committed to helping our clients transform the quality and delivery of health care and the evolution of health IT, routinely advising clients on a broad spectrum of regulatory matters in the digital health space, including:
- Federal and state licensure, reimbursement, and fraud and abuse compliance;
- Traditional practice of medicine considerations, including corporate practice of medicine and fee-splitting restrictions;
- US Food and Drug Administration (FDA) regulatory strategy, enforcement, and compliance;
- Federal and state privacy and security, including information blocking, FTC consumer health, biometric data, and GDPR;
- Intellectual property and licensing;
- Data ownership and data transactions;
- Research and clinical trial agreements;
- Government, commercial, and supplier contracting; and
- Cybersecurity risk mitigation and insurance, including responding to cyberattacks and government breach investigations.
We represent a broad range of clients across the health care sector, such as:
- Hospitals, health care systems, and academic medical centers;
- Ancillary providers, including labs and pharmacies;
- Direct to Consumer (D2C) health care providers (i.e., telehealth providers), labs, and retail pharmacies;
- Retail companies delivering health care products and services;
- Biotechnology and research and development companies, including startups;
- Medical device manufacturers;
- Software developers, including mobile applications;
- Telecommunications and technology platform solution providers;
- Health IT companies; and
- Venture capital and private equity firms.
Thought Leadership
In the October edition of The Essentials, we summarize key provisions of California employment laws that took effect in 2024 and those that will take effect in 2025.
To help you assess the 2024 election, we have prepared a comprehensive guide that summarizes the results and their impact on the 119th Congress, which will convene in January 2025. The Election Guide lists all new members elected to Congress, updates the congressional delegations for each state, and provides a starting point for analyzing the coming changes to the House and Senate committees.
While most of the attention surrounding the Supreme Court’s (the Court) decision in Loper Bright v. Raimondo (Loper), overturning the longstanding Chevron doctrine, has focused on the increased potential for successful challenges against agency actions, the decision will impact all stages of the public policy lifecycle—legislation, regulation, and only then litigation.
On 22 December 2020, the U.S. Securities and Exchange Commission (SEC) adopted amendments (the final rule) to Rule 206(4)-1 under the Investment Advisers Act of 1940 (the Advisers Act) to modernize the regulation of investment adviser advertising and solicitation practices.