Counsel for digital health, telehealth and healthcare technology businesses bringing healthcare regulatory, privacy, IP and technology transactions together to support go-to-market and growth.
Benesch’s interdisciplinary team, composed of attorneys in our Healthcare, Tech Transactions and Data Privacy & Cybersecurity practices, helps healthcare tech and digital health companies navigate the legal, regulatory and commercial realities of technology-enabled care. We focus on the vendor/technology side of the market, supporting the businesses building software, platforms and data-driven tools used by providers, payors and other healthcare stakeholders—while also advising healthcare organizations that are adopting and contracting for these technologies.
Digital health is evolving quickly, fueled by an influx of healthcare IT investment and accelerating use of analytics, AI and machine learning. Yet it remains shaped by complex, highly regulated healthcare rules. We help clients align product design, commercialization, contracting and data strategy with issues such as privacy and cybersecurity, reimbursement, licensure, fraud and abuse risk, and operational compliance. Our cross-disciplinary team integrates healthcare regulatory, data protection and privacy, intellectual property, technology transactions, corporate/M&A and litigation capabilities to deliver practical guidance tailored to your business goals.
In addition to serving as outside counsel for general corporate needs for digital health companies, Benesch adds value where product and revenue meet regulation: helping technology businesses commercialize in healthcare with contracting, privacy and data governance, and healthcare regulatory guidance that is practical for growth. We routinely collaborate with in-house teams and/or existing counsel to address the “go-to-market” workstreams that can determine whether a product launch or multi-state rollout succeeds.
Counseling for telehealth and virtual care platforms (and, as needed, provider customers) on licensing, liability, fraud and abuse risk, and reimbursement considerations for multi-state programs
HIPAA and business associate agreement (BAA) strategy, vendor selection, privacy policies, data sharing and disclosure, incident response readiness, and navigating overlapping state and federal privacy requirements
Day-to-day counseling, compliance program rollout, and support in government and licensing authority investigations
Master services agreements (MSAs), statements of work (SOWs), software licensing, outsourcing, implementation arrangements and other complex vendor agreements
Protecting innovations and trade secrets through trademarks, copyrights and patents; supporting commercialization through licensing and other strategic agreements
Governance and risk mitigation, buy/sell transactions, minority investments and joint ventures involving health tech and healthcare services
Litigation and alternative dispute resolution involving healthcare technology and related regulatory issues
Digital health matters often require multiple specialties at once. We build the right team for each engagement and can serve as primary counsel for digital health legal needs or as specialized counsel supporting your incumbent corporate firm. Our goal is to make it easier for your team to move quickly by providing coordinated advice across healthcare regulation, privacy and cybersecurity, IP, and technology transactions.
Digital health sits at the intersection of regulated healthcare delivery and fast-moving technology. Benesch helps clients bridge that gap with a holistic perspective rooted in deep healthcare regulatory knowledge paired with practical experience in technology transactions, data protection and privacy, intellectual property, and strategic deals. Our approach is designed for a market that is moving quickly, but where success still depends on getting healthcare compliance and commercialization details right.
that integrates healthcare regulatory, privacy and cybersecurity, IP, and commercial contracting
from Big Tech to emerging developers, and from major health systems to physician practices
from early contracting and compliance buildout through commercialization, scaling and transactions
“Benesch has a strong nationwide team offering significant healthcare expertise. The team is highly capable across a range of regulatory matters with significant strength in CON approvals. The firm possesses additional strength in transactions, regularly handling complex acquisitions.”
– Chambers USA
