Exploring Critical Business and Legal Issues across the Healthcare and Life Sciences Industries
Exploring Critical Business and Legal Issues across the Healthcare and Life Sciences Industries
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An International Guide to Regulatory and Transactional Issues

In today’s rapidly evolving global healthcare landscape, market participants encounter a wealth of potential alongside a diverse range of challenges. We understand the importance of negotiating complex and ever-shifting regulations efficiently when structuring cross-border investments and transactions.

In our Guide, you’ll discover invaluable insights to help navigate the dynamic world of healthcare, unlocking opportunities and understanding the developing regulatory landscape.

Download the guide here!

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Investing in Global Healthcare and Life Sciences

Today’s global healthcare marketplace is marked by unprecedented transformation. This presents both challenges and opportunity to today’s market participants. We know how important it is to structure cross-border investments and transactions to account for complex and ever-shifting regulations.

Within this dynamic environment, McDermott’s health lawyers wield a deep knowledge of how healthcare services, medical technology and pharmaceuticals are delivered around the world, and how the laws that affect those entities and that help drive action are creating the market of tomorrow.

We’re passionate about our role in shaping the alliances that will lead to next-generation digital health technologies, new pharmaceuticals and superior healthcare delivery.

If you’re doing something that’s never been done before, or looking to do something better than it’s ever been done before, we’re here to help. Together, we’re pushing boundaries and knocking down barriers to usher in a new age of healthcare.

Bringing this experience and commercial focus together we are proud to present the International Guide to Investing in Healthcare and Life Sciences.

For each jurisdiction you’ll discover:

  • The impact of COVID-19 on the provision of healthcare and life sciences
  • Ownership or equivalent restrictions in relation to the provision of healthcare services
  • Reimbursement of public or national healthcare services and award of contracts
  • Drug approvals and reimbursement
  • Devices certification and reimbursement
  • Regulation of AI and software as a medical device
  • Telemedicine and teleconsultation
  • Anti-kickback rules and incentives to doctors
  • Merger and foreign investment control
  • Forthcoming and anticipated changes in healthcare and life [...]

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Life Sciences Dealmaking Symposium: Powering through the Pandemic: Trends in Early-Stage Investment

The pursuit of progress during these unprecedented times has led to a surge in life sciences investment and funding for early stage companies. Investors are on the lookout for the next big innovation while also navigating new ways of sourcing and managing portfolio companies. Our panel of experienced early-stage investors discussed the top trends in this push for advancement, including sectors attracting the most dollars in today’s challenging business landscape, key issues that early stage investors are watching as they source and vet new investment opportunities, steps that executives of early-stage companies can take to articulate their value and attract investors, and more.

McDermott partners Todd Finger and Joanna Lin moderated this discussion featuring Eric Aguiar, MD, partner at Aisling Capital; Dr. Andrew ElBardissi, partner at Deerfield Management; and Marian Nakada, vice president of venture investment at J&J Innovation.

Below are the top takeaways for Life Sciences Dealmaking Symposium: Powering through the Pandemic: Trends in Early-Stage Investment, click here to access the full webinar.

Access the PDF here.

COVID-19 fundamentally changed the process for evaluating new investment opportunities, Dr. ElBardissi said. “Meeting face-to-face with the management team, kicking the tires, touring the facility—those are intangible factors
that are very difficult to replace in this corporate environment,” he said. “Candidly, the bar has gotten significantly higher, as you think about our inability to conduct diligence the way we would like and as you think about all the constraints in the current environment.”


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After the Curve Podcast: Focus on Life Sciences

In this time of crisis, the life science industry has demonstrated remarkable speed, innovation and resilience. In this episode of the After the Curve podcast, our life sciences partners join us to discuss the most promising areas of drug discovery and device development that are emerging from the pandemic and the outlook for the industry in a post-COVID-19 world. McDermott’s Chief Marketing Officer, Leslie Tullio, is joined by Stephen Bernstein and Kristian Werling to discuss key topics impacting the life sciences industry today, including:

  • The reasons behind the immunity of life sciences to slowed investments
  • Why more investors are focusing their equity in healthcare and life sciences
  • Promising areas of drug discovery and device development emerging from the pandemic
  • Critical considerations for life science companies regarding rapid regulatory changes
  • Tactics for moving developments forward at an increased speed
  • The importance of Collaborative Transformation to the life sciences industry


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Five Questions with a Life Sciences Lawyer: Nora Klein

Nora Klein
Office: Chicago
Years at Firm: 2

What is an interesting fact about yourself that others may not know?

I played college golf at University of Illinois and in September 2019 I will be competing in the United States Women’s Mid-Amateur National Championship in Flagstaff Arizona. This will be the 33rd annually national championship for female golfers over 25 years old. The United States Golf Association runs 16 National Championships a year and to be able to play in one is every golfer’s dream. I feel so grateful to work at a place that quite literally supports me on and off the golf course.

What is the biggest opportunity and greatest challenge facing clients in your area of focus today?

The biggest challenge for our clients is also the biggest opportunity – how to grow in the revolutionary and highly profitable yet competitive life sciences industry, which is continuously expanding into new and often groundbreaking subsectors. Navigating these issues makes working at McDermott an enjoyable challenge. We not only need to assist our clients in finding innovative ways to grow their enterprises and remain compliant with healthcare rules and regulations, but also provide thoughtful, forward-looking solutions and plans that allow them to grow as these new subsectors emerge.


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Opportunities in Outsourced Pharmaceutical Services

Pharmaceutical outsourcing has emerged as a robust—and rapidly growing—subsector of the life sciences industry. As the push for efficiency continues, more pharmaceutical, biotech and medtech companies are turning to contract research organizations (CROs), contract development organizations, medical affairs outsourcing and other service providers for help bringing products to market, manufacturing and distributing products, and improving quality. This trend is creating exciting new opportunities for investors in this burgeoning space.

Several factors are driving this growth in pharmaceutical services outsourcing:

  • Pharma companies are becoming more comfortable with outsourcing. Of outsourced service providers, CROs have the highest penetration, with approximately 50 percent of clinical trials outsourced. Other areas of outsourcing are far less penetrated, however, offering ample opportunity for investment. Consider researching opportunities in health economics or outcomes research market access, for example.
  • The current health care/pharma environment is rich for pharma outsourcing. Biotech is thriving: capital is readily available, and the US Food and Drug Administration regulatory environment for approval of new products is favorable. On the pharmaceutical front, ongoing consolidation has fostered an efficiency mindset. And across the health care and life sciences space, big data is being harnessed in new ways that make outsourcing easier and more efficient than ever.
  • We are in a period of great market fragmentation. The market is starting to skew toward earlier stage rather than big pharma companies. Trials also are increasingly designed with an emphasis on subpopulations and advanced analytics (such as specialty drugs targeted to specific genotypes). Traditional pharma often lacks [...]

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