Emerging Health Technology and Products
Overview
Our lawyers are committed to representing a diverse range of clients whose innovations are reshaping the business landscape. In today’s world of fast-moving technology, this means staying abreast of the latest developments at the intersection of product development and products liability law. Established and entrepreneur clients operating in the pharmaceutical, medical device, manufacturing and consumer goods spaces seek the advice of our lawyers in complex products liability and commercial matters. We are at the forefront of products liability defense and counseling work, bringing a deep understanding of the complex issues inherent in the creation of health technology products. This includes such areas as digital healthcare, mobile medical applications, nanotechnology, biotechnology, biosimilars and genetics. We offer guidance on navigating regulatory issues and work closely with Sidley’s U.S. Food and Drug Administration lawyers to help clients protect their company and products during the early stages of development. This includes advising clients during acquisitions, investment opportunities, research and pre-launch marketing.
A Multidisciplinary Approach
We assist clients in mitigating health technology products liability risks through insurance, contractual and indemnity agreements and other strategies, while helping them create successful businesses and products using emerging technologies. Clients also rely on our insight as they deal with distribution, branding, retailing, marketing and procurement issues.
Our team of experienced products liability lawyers harnesses the firm’s global network of resources across numerous practice areas and legal disciplines around the world, including:
- Consumer class actions
- Food, drug and medical device
- Healthcare
- Life sciences
- M&A
- Technology and intellectual property transactions
Representative Experience
A selection of our recent work includes representing:
- A cable and electric circuit company with issues relating to an industry certification mark.
- A client in litigation regarding the enforceability of an arbitration agreement resulting from “click through” consumer contracts.
- A potential buyer of a pharmaceutical startup on the potential tort liability risks from a clinical trial of a cancer therapy.
- Emerging companies on Consumer Product Safety Commission and Toxic Substances Control Act issues.
- Foreign companies in considering mitigation of product liability risks upon entering the U.S. market.
- Companies in drafting language in contracts with suppliers, customers and vendors in order to shift or mitigate liability, particularly when risks are unknown.
News & Insights
- “Update on U.S. Product Liability Law,” The International Comparative Legal Guide to: Product Liability 2016 (May 2016).
- “The ‘Natural’ Cases: An Update After FDA’s Request for Comments,” Natural Products INSIDER (February 3, 2016).
- “Potential Changes to Rule 23 and Class Actions: Settlement Approval and Class Certification,” ACC Docket (July 21, 2015).
- “The Products of Tomorrow,” Inside Counsel (July 1, 2015).
- “Preventing the next blockbuster case,” Inside Counsel (June 17, 2015).
Our lawyers have published and presented on many litigation and risk issues related to the use of technology in manufacturing processes and products.
Speaking Engagements
- Panelist, “Consumer Fraud Class Actions in the Refund Space,” Sidley Austin LLP Life Sciences College: 2016 Global Strategies: Pharmaceutical, Biotech, Medical Device and Diagnostics Challenges (March 10, 2016).
- Speaker, “Fireside Chat: The Regulation of the Natural Products Industry,” 3rd Annual Food & Beverage Litigation, Compliance & Regulatory Exchange (October 27, 2015).
- Panelist, “Class Action Litigation,” Food and Drug Law Institute Food Week 2015 Food Advertising, Labeling and Litigation Event (February 24, 2015).
- Panelist, “Consumer Fraud Class Actions – Litigation and Settlement Strategy,” American Bar Association Section of Litigation Food and Supplements Annual Workshop (2014).
Capabilities
- Healthcare Regulatory
- Healthcare Transactions
- Life Sciences Transactions
- Life Sciences Partnering and Licensing Transactions
- Medtech and Medical Devices: Healthcare, Patent Litigation, and Product Liability
- Pre-Commercial Life Sciences Companies
- Product Liability and Mass Torts
- Technology and Life Sciences Transactions
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