We make sure there is a healthy mix.
The healthcare sector in particular is constantly facing new challenges, including legal ones. In the wake of medical and technological developments and achievements, the legal framework is getting ever more complex. Legal requirements are getting harder to meet, yet market participants in the healthcare sector must not be prevented from focusing on the essential, i.e., providing top-level quality and constant development.
Hence, it is all the more important to have someone on your side to take care of these framework conditions. Not only can we draw on our in-depth knowledge in the individual areas of law, but we also keep an eye on the big picture with our insight into what is important to healthcare facilities, interest groups, healthcare providers and pharmaceutical companies. One of our strengths lies in combining long years of legal experience in all areas of healthcare law with the special innovative power of the legal sciences, thus achieving a high degree of precision, legal creativity and comprehensive foresight. Having us on your side, you can concentrate on your services, products, developments and ideas, while we take care of the legal “behind the scenes”. We work to make you work and together we keep the system healthy.
Our expertise specializes on matters relating to:
Regulatory
- Pharmaceutical law (development, market entry, distribution, advertising, etc.)
- Medical device law (development, market entry, distribution, advertising, etc.)
- Hospital law (establishment and operation of hospitals)
- Pharmacy law (e.g. licenses, in-house pharmacies)
- Professional law of the healthcare professions
Social insurance
- Reimbursement law (medicinal products and medical devices)
- Advice on the relationships between insurance providers
- Individual and collective contract law
- Advice on hospital financing and all other financing structures in the healthcare sector
Antitrust and state aid
- Advice on competition law in connection with distribution (e.g. market dominance, pricing issues, exclusivity, etc)
- Aids and subsidies in the area of research and product development
Employment
- Drafting of employment contracts
- Advice on working time regulations in hospitals and other healthcare facilities
Corporate and / M&A
- Practice cooperations (foundation, participation, succession, etc)
- Corporate structures for pharmacies
- M&A transactions in the healthcare sector (e.g. mergers of hospital operators, reorganization of medical companies)
- Public companies in the healthcare sector
Litigation and dispute resolution
- Advice and representation of hospitals, doctors, medical device and pharmaceutical manufacturers etc in liability cases
- Pre-litigation measures, preservation of evidence
- Product liability
- Dispute resolution of intra-team conflicts in hospitals, surgeries, etc.
Public procurement l
- Advice and representation in the procurement of traditional construction, supply and services as well as sector-specific procurement items (e.g. vaccines, medical products, emergency vehicles, healthcare services, etc.)
- Drafting tenders, designing PPPs, negotiating contracts, assistance with the execution of contracts
- Representation in review proceedings
Data protection
- Comprehensive advice on the handling of sensitive personal data in particular in all healthcare facilities (medical practices, outpatient clinics, hospitals, etc.)
- Advice on the permissibility and limits of the use of telemedicine
- Data security in the processing of electronic health data and genetic data (health telematics)
Intellectual property protection and unfair competition
- Research and development contracts
- Protection of industrial property rights
- Transfer of intellectual property rights
Compliance and internal investigations
- Introduction and development of compliance management systems tailored to the healthcare sector (internal whistleblower systems, compliance guidelines, communication measures, etc.)
- Risk-oriented system analysis and stress tests to assess the effectiveness of existing compliance programs
- Conducting internal investigations to clarify compliance violations as well as assistance and representation before investigating authorities and courts