King & Spalding is at the forefront of global law firms providing legal services related to healthcare technology. Our broad and deep industry expertise in the technology arena, together with our unparalleled experience in advising both life sciences and healthcare companies, enable us to partner with clients to their competitive advantage in the complex, fast-paced, and rapidly-evolving world of healthcare technology.
Our healthcare technology clients include all the stakeholders in healthcare technology, from the technology creators to the consumers. Our clients include:
- Academic and community hospitals, physicians and other healthcare providers;
- Technology companies (including producers of hardware and software) of all sizes and stages of development;
- Biotech, pharmaceutical, and medical device companies;
- State and local governments;
- Insurance companies;
- Information technology consultants; and
- Private equity firms, venture capital investors, and investment banking firms.
We have significant industry and government experience, as well as in-house medical and Quality System experts who further enhance our ability to provide valuable, hands-on insights to our clients at the juncture of highly-technical scientific specialties and evolving regulatory/legal paradigms.
Our expertise in healthcare technology covers virtually all legal issues related to technology and to healthcare products and services. Among the diverse legal matters on which we provide advice to our healthcare IT clients are the following:
EHR Technology Acquisition, Implementation, and Compliance
Since the advent of electronic record-keeping, King & Spalding has been advising healthcare providers on how to acquire and implement EHR systems that enhance patient-care, improve efficiency, and meet the ever-changing regulatory requirements to demonstrate Meaningful Use. We assist clients throughout the technology lifecycle, from negotiating the purchase, to managing licenses and service agreements, to the termination and transition of a technology relationship.
Privacy and Information Security Compliance
Our healthcare regulatory lawyers advise healthcare technology clients on a full range of HIPAA and other health information privacy and security compliance issues applicable to healthcare technology businesses, including issues applicable to covered entities and their business associates, HIPAA security rule compliance, data breach analysis and response, use of “de-identified” data for health informatics products, “offshoring” and importing of data, and EU privacy compliance. Our services include development of compliance programs, government investigations and defense, specialized due diligence, transaction structuring, and complex litigation. We also advise these clients on state privacy laws, including identity theft laws applicable to patient demographic and financial information in the possession of health industry companies.
Litigation and Government Investigations
Our litigation and government investigations practice group provides advice to healthcare technology companies on a variety of legal matters including product liability claims and litigation, investigations and regulatory proceedings related to compliance with healthcare regulations as well as more standard business litigation and arbitration.
Formation and Financing
Our corporate lawyers regularly advise both entrepreneurs who are starting new healthcare technology businesses and existing companies seeking financing. We assist these clients with the formation of the companies, the protection of their intellectual property, compliance with applicable regulations and other legal matters related to the day-to-day operation of their businesses. Our corporate lawyers also use the firm’s substantial network of larger, strategic companies in the life sciences and healthcare industries to introduce our early-stage healthcare technology clients to larger companies interested in partnering in the development and commercialization of healthcare technologies. In addition, our finance lawyers regularly advise clients on all aspects of finance and capital markets transactions for healthcare technology clients.
Mergers, Acquisitions & Joint Ventures
Our M&A lawyers advise healthcare technology clients on a variety of corporate/M&A transactions, including mergers and acquisitions, in-licensing and out-licensing transactions, technology development and marketing joint ventures, and healthcare technology outsourcing transactions. Our M&A lawyers leverage the firm’s broad base of healthcare expertise to advise healthcare technology clients on IP, FDA/regulatory, antitrust, tax, employment, ERISA and other issues arising in M&A transactions, as well as advice on customary corporate/M&A issues.
Our government relations lawyers provide advice to healthcare technology on matters related to potential and evolving legislation and regulations at the federal and state level that affect companies in this industry. We represent individual companies in the industry as well as a number of industry associations that monitor and influence legislative and regulatory developments for their members.