The Debevoise Healthcare & Life Sciences Group employs a highly coordinated, multidisciplinary approach to address transactional, litigation and intellectual property matters for leading healthcare & life sciences companies and for private equity firms investing in the industry. The team provides integrated, cross practice legal advice with efficient and seamless execution covering all aspects of healthcare & life sciences matters, including corporate and M&A, litigation and compliance, FDA/FTC regulatory, intellectual property, including licensing and collaboration agreements, and cyber security & data privacy. This approach offers clients a “one-stop-shop” for healthcare and life sciences across nearly all subsectors and stages of the industry lifecycle. The practice’s lawyers are knowledgeable about the issues faced by companies operating and investing in the sector, which enables the Group to develop comprehensive and commercial strategies and solutions.
The Group draws from a broad array of practices throughout the firm, leveraging its experience in private equity, M&A, finance, capital markets, restructuring, litigation, government and regulatory investigations, tax, intellectual property and antitrust, among others. It is well versed in the increasingly global issues facing healthcare & life sciences clients and is well positioned to address those issues through the sophisticated capabilities of the firm’s offices around the world.
The team handles significant transactions and regulatory and litigation matters in a wide variety of areas for pharmaceutical companies, hospitals, medical device manufacturers, financial sponsors, financial advisors and other key players in the industry. The Group’s transactional work includes mergers and acquisitions, financings, securities offerings, licensing, development and commercialization transactions, while its litigation work spans investigations by U.S. government agencies, “bet-the-company” defense work, compliance with U.S. regulatory requirements and defense of intellectual property rights.
The changes contemplated by the Trump administration are sure to have significant implications for every sector of the healthcare & life sciences industry. We will be closely following these developments and providing you with the information you need to stay abreast of coming changes.
Affordable Care Act Likely to Survive Latest Challenge
On December 14, 2018, a judge on the U.S. District Court for the Northern District of Texas ruled that the entire Affordable Care Act (“ACA”) was unconstitutional. The decision is widely expected to be overturned on appeal. The ruling does not currently have any practical effect because it did not enjoin enforcement of the ACA and the Department of Health and Human Services (“HHS”) has stated that it will continue implementing the ACA. Read more. >
The 2018 Elections: Winners and Losers in the Healthcare Ecosystem
The election of a Democratic controlled House means, among other things, that the Affordable Care Act (“ACA”) is here to stay for the foreseeable future. In light of this development, commercial health insurers may conclude that the time is right to make investments necessary to maximize the success and profitability of plans sold on the ACA exchanges for the long term. Read more. >
CMS’ Proposed Part B Price Controls: Hurdles and Unintended Consequences
On October 25, 2018, the Center for Medicare and Medicaid Services (“CMS”) issued an Advance Notice of Proposed Rulemaking seeking comments on a proposal which, if implemented, would change how Medicare Part B drugs are obtained and reimbursed. Read more. >
CMS’ Proposed Rule Regarding Disclosure of Drug “List Prices” in Television Ads: Needed Transparency or Recipe for Confusion?
On October 15, 2018, the Center for Medicare and Medicaid Services (“CMS”) released a Proposed Rule which, if implemented, would require a television advertisement for a direct-to-consumer (“DTC”) prescription drug that is covered by Medicare or Medicaid to disclose the drug’s “list price.” CMS is accepting comments on the Proposed Rule until December 17, 2018. Read more. >
The White House’s Drug Pricing “Blueprint”
Last Friday, the White House released a Blueprint outlining proposals for reducing prescription drug costs. Some of these proposals may be implemented through the issuance of regulations or other authorized agency action, while other proposals may first require congressional authorization via the enactment of new legislation. Read more. >
The Latest on the Trump Administration’s Drug Pricing Initiatives
President Trump stated during the State of the Union that addressing high drug prices is a top administration priority. Since that time, there have been a number of developments relating to drug pricing issues. Read more. >
DOJ Creates Potential Opening For Early Dismissal of False Claims Act Suits
The Department of Justice (“DOJ”) recently released a memorandum outlining the circumstances under which DOJ may petition the court for early dismissal of actions brought by private relators under the False Claims Act. Read more. >
A Look At Recent Efforts To Contain Health Care Costs
Health care costs remain a significant concern to both public and private payors. At both the federal and state levels, government payors and other entities have developed initiatives to contain costs and promote accessibility to reasonably priced health care. Read more. >
New Public and Private Efforts to Contain Healthcare Costs: What it Means for the Healthcare Industry
As healthcare costs continue to climb, both public and private payors are pursuing strategies to contain costs. The Debevoise healthcare and tax teams have identified initiatives which provide strategic opportunities for healthcare companies to enhance the efficacy and cost-effectiveness of goods and services that they provide. Read more. >
How Tax Reform and Other Recent Developments Could Impact the Healthcare Industry
The final version of the “Tax Cuts and Jobs Act” contains provisions that impact the healthcare industry. Our team identifies and discusses these provisions and their effects on different healthcare industry subsectors. Read more. >
How Tax Reform Could Impact the Health Care Industry
The bills released by the U.S. House and Senate both contain key provisions that could have a significant impact on the healthcare industry. We discuss what has been included in the two bills, as well as what’s missing. Read more. >
The "Tax Cuts and Jobs Act" - How It Impacts the Healthcare Industry
The Tax Cuts and Jobs Act bill released late last week contains several provisions likely to have a particular impact on the healthcare industry. The bill contemplates changes in the corporate tax rate and international taxation that could affect pharmaceutical and other companies with significant overseas assets or cross-border operations. Read more. >
Where Does Healthcare Reform Stand?
Since the breakdown of congressional attempts to “repeal and replace” the Affordable Care Act, both President Trump and Congress have taken steps that could have a significant impact on the healthcare industry. Read more. >
How Section 1332 Waivers Could Impact Health Care Reform
With the collapse of congressional efforts to pass comprehensive health care reform, the question arises: What’s next? Read more. >
The “Better Care Act”: Winners and Losers in the Healthcare Industry
The Better Care Act that was released last Thursday and amended Monday would, if enacted, have significant consequences for every subsector of the healthcare industry. Read more. >
The Senate’s Healthcare Bill – What’s In It?
The Better Care Act would accomplish many of the same objectives as the American Health Care Act, yet through significantly different means. We examine the ways in which the approach of the two bills would differ. Read more. >
Finally A Health Care Reform Plan Passes the House – What’s in the Bill and What it Means for the Healthcare Industry
The House of Representatives has passed the American Health Care Act, a bill that marks the first step by President Trump and Congressional Republicans to “repeal and replace” the Affordable Care Act. The next stop for the AHCA is the Senate, where it is likely to be subject to significant revision. Read more. >
Shining A Light On GOP Plan For Health Care Reform
Although there has been a strong push to repeal and replace the Affordable Care Act, there has been little detail as to what is meant by “repeal” or “replace,” and when either will happen. Read more. >
Just a Bit of Clarity – Recent Developments Shine Some Light on Trump and GOP Plans for Healthcare Reform
Although there is considerable uncertainty around the future of the Affordable Care Act, one thing remains clear. The changes contemplated by the Trump administration and congressional Republicans will have significant implications for every sector of the healthcare industry. Read more. >
The Outlook For The Pharmaceutical Industry Under Trump
The 2016 election will have important consequences for the pharmaceutical industry. While President-elect Trump has now made key health care-related appointments and has issued several broad post-election statements related to health care reform, many unknowns remain. Read more. >
The Outlook on Drug Pricing: At What Cost?
Investors and operators in the pharmaceutical industry are paying careful attention to the political and regulatory environment in an effort to garner some insight into the future of drug pricing. Read more. >
Still in the Waiting Room: Outlook for the Healthcare Industry Under the Trump Administration
The 2016 election is likely to have important consequences for the healthcare industry. Read more. >