Emerging Health Technology and Products
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.
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.