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Digital Health

Innovative counsel on the convergence of health care, life sciences and technology

Digital health technology is quickly changing the way health care and life sciences industries operate. Dechert offers novel solutions with legal expertise that is multi-disciplinary, grounded with a commercial perspective and demonstrating a command of current and evolving technologies to for-profit and nonprofit businesses and their partners.

The digital health team at Dechert consists of life sciences, health care, technology, business, intellectual property and cybersecurity lawyers, along with litigators and other experts (tax, employment, etc.), to provide comprehensive transactional, regulatory and dispute resolution services in this emerging sector.

We have assisted clients with the application of digital technologies – through artificial intelligence, big data (including cloud computing), bioinformatics, robotics / machine learning and complex software algorithms – relating to smartphones, wearable devices, telemedicine technologies, email, web-based analysis and remote monitoring to enhance provider-patient communications, diagnostic and clinical decision-making, patient self-management, drug discovery and medical adherence.

Experience
  • Johnson & Johnson’s Ethicon subsidiary in its strategic joint venture with Verily (Google Life Sciences) on the creation of Verb Surgical to develop a platform to create advanced surgical robotics to benefit surgeons, patients and health care systems. 
  • Apsis, a subsidiary of Johnson & Johnson Medical Device Companies, on its acquisition of France-based Orthotaxy, a developer of software-enabled surgery technologies, including a robotic-assisted orthopedic surgery solution.
  • Johnson & Johnson Innovation – JJDC, the strategic investment arm of Johnson & Johnson, as the lead investor on the US$1.3 billion Series B financing of Grail, a life sciences company that is employing big data, cloud computing and other advanced technologies to develop blood tests for early-stage cancer detection. 
  • Armada Health Care (now known as Asembia), a developer of solutions for specialty pharmaceutical services, on strategic M&A and data management matters in connection with a potential sale of business.
  • Certilytics, a health care data services, analytics and modeling company, on corporate reorganization and financing matters, including data mining of health records and joint venture licensing agreements.
  • Sonde Health, a PureTech Health start-up, in the negotiation of a deal between it and the Massachusetts Institute of Technology related to digital medicine and the “Massachusetts Digital Medicine Template.”
  • Hanging Gardens Limited, an SPV wholly owned by a high net worth individual, in connection with its £6 million investment in Babylon Holdings Limited (now known as Babylon Health), a UK-based digital personal health service company, and the remainder of a Series A investment round of £17.3 million led by Sweden’s Investment AB Kinnevik with Hoxton Ventures, founders of DeepMind (the Google-owned artificial intelligence company) and the founders of Innocent Drinks as co-investors.
  • AiCure, a U.S.-based provider of advanced medication and clinical trial protocol compliance adherence solutions powered by artificial intelligence and big data, on developing a program to comply with European privacy and data protection regulations.
  • Diagnostic testing kit manufacturers in a cybersecurity attack investigation, on a trademark matter pertaining to a negotiated services agreement, in a possible acquisition of a clinical laboratory testing service and in an FDA investigation over marketing practices.
Transactions and finance

The team handles business formation and capitalization, private and public equity and debt financings, M&A, collaborations, joint ventures and other commercial negotiations, regulatory compliance and general corporate governance and advice matters.

FDA regulatory

Of particular note is the draft and final guidance issued by the U.S. Food and Drug Administration (FDA) on which digital health products it will regulate as medical devices. Whether certain products will be FDA-regulated or not, and to what degree, are moving targets, and our team continues to monitor developments and advise clients accordingly.

Intellectual property

Our lawyers advise our digital health focused clients on IP-driven matters, including patent reviews and commercial transactions, including strategic alliances, co-development arrangements, exclusive provider and distribution deals.

Digital technology applications

Team members draw upon our experience helping clients with the application of digital technologies (e.g., Internet, wireless, sensors, mobile ware, social networking, big data, cloud computing, robotics and artificial intelligence / machine learning) to health-related information technology, e-records, apps, wearable/wireless devices, drug discovery, diagnostics, bioinformatics and adherence and delivery software applications.

Data privacy and cybesecurity

We assess clients’ privacy and security practices, develop programs to comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and implement practices to safeguard protected health information.

Litigation

In courts and international arbitration forums, our litigators represent clients in disputes stemming from licensing, collaboration, asset purchase, distribution and other agreements. As digital health technologies take further root, likely areas of dispute will be consumer fraud, false advertising and product disclosures and warnings.