King & Spalding’s International Healthcare Practice has broad expertise in representing healthcare industry clients in matters implicating diverse international issues, and includes attorneys specializing in providing corporate, corporate finance, and transactional advice to clients involved in healthcare industry transactions; defense of Foreign Corrupt Practices Act investigation and compliance programs; international arbitration representation; and international trade advice, including Section 337, customs, and export control, economic sanctions, and antiboycott matters.
Corporate Finance and Transactional
King & Spalding’s attorneys have deep experience in the unique business, regulatory and financing needs that shape international healthcare industry transactions. Representative clients include multinational hospital operators, development entities, as well as real estate and private equity investment funds.
Foreign Corrupt Practices Act/Government Investigations
The U.S. Foreign Corrupt Practices Act (FCPA) presents numerous challenges to U.S. companies operating outside the U.S., as well as to foreign companies with a U.S. business nexus. King & Spalding’s first-class team of FCPA attorneys includes former senior government officials from both the U.S. Department of Justice and the SEC. While King & Spalding has defended numerous FCPA clients across a variety of industries, the FCPA enforcement authorities’ increasing focus on the healthcare, pharmaceutical and medical device industries – and the firm’s strong commitment to serving clients in these industries – has translated to significant FCPA work for the team.
King & Spalding provides its pharmaceutical, chemical and biotechnology clients the unique services of top international arbitration advocates who work alongside subject matter experts with a deep understanding of the clients’ intellectual property and business needs. King & Spalding offers a full range of advice concerning the protections and remedies afforded by commercial agreements and international treaties, and, where appropriate, assembles the best team of advocates and subject matter experts to pursue or defend claims related to intellectual property disputes, international licensing and distribution arrangements and cross-border investments.
King & Spalding’s representation of healthcare clients in international trade includes Section 337, customs, export control, economic sanctions, and antiboycott matters. The firm represents clients before the U.S. International Trade Commission that are injured by the importation of products that infringe valid and enforceable U.S. intellectual property rights (aka Section 337 cases). The customs practice includes analyzing country-of-origin for new product offerings, advising about the classification and valuation of pharmaceutical products, and providing compliance assessments for business units. The firm’s lawyers have prepared ruling requests and prior disclosures of violations, negotiated with U.S. Customs concerning the mitigation of penalties, petitioned for remission of forfeitures, litigated before the U.S. Court of International Trade, and prepared internal compliance manuals. The firm also provides assistance to clients on compliance with U.S. and U.K. export control laws and economic sanctions, as well as U.S. antiboycott laws. Lawyers assist clients in navigating all stages of government regulation, including assisting with export classification and licensing, developing and implementing internal compliance systems, investigating violations, and responding to enforcement actions brought by government trade control agencies.