What shows up once the story must survive the terms
At the outset of life sciences transactions, there is usually a strong sense of alignment. Founders and investors tend to agree on the importance of discipline, focus, capital efficiency, and long-term value. That was evident throughout JPM Healthcare Week and in conversations around RESI 2026, where many of the same themes surfaced across different rooms and discussions.
CMS has extended its Provisional Period of Enhanced Oversight (PPEO) and its Expanded Prepayment Review (EPR) enforcement efforts to Georgia and Ohio. The enhanced enforcement efforts can lead to the revocation of a hospice’s Medicare billing privileges, termination of Medicare/Medicaid enrollment, and/or the prepayment review of 100% of a hospice’s claims.
This post is the third in our three-part series, Gearing Up for HTLH USA 2025, where our team of attorneys will share insights on intellectual property, equity, and exit strategies and how these issues intersect in the transactional context.
HLTH USA is a whirlwind—partnering, investor meetings, and press all compressed into a few fast-moving days. That intensity can be great, but it can also be risky for protecting and maximizing the value of your intellectual property. In the rush to network, pitch, and show off your innovation, it is easy to jeopardize your patent or trade secret rights by disclosing too much detail in a conversation or showing more than you should at your booth.
As HLTH approaches, it is worth pausing to consider how a thoughtful IP strategy can protect your company’s most valuable assets not only during HLTH itself, but long afterward.
Capturing innovation is just as important as protecting it. A simple invention disclosure form — recording the technical problem, your solution, key data, and alternative embodiments — can become the backbone of a provisional patent filing. Filing quickly, before public disclosures, is critical. But speed shouldn’t come at the expense of substance. A well-prepared provisional application, rich with enabling detail and variations, buys you time to refine claims and sequence international filings. Resist the temptation to file a “skeleton” provisional unless you have no other option.
In medtech and life sciences, it is often valuable to cover not just the device or system, but also methods of use (including physician workflows), manufacturing or assay methods, and the software or algorithms that deliver a concrete technical improvement. Enabling disclosure for a variety of embodiments can make all the difference when it comes to enforcement or licensing down the road.
This post is the second in our three-part series, Gearing Up for HTLH USA 2025, where our team of attorneys will share insights on intellectual property, equity, and exit strategies and how these issues intersect in the transactional context.
The healthcare industry is undergoing a rapid transformation, with startups driving innovation in patient care, diagnostics, data management, and telemedicine.
In today’s rapidly evolving healthcare industry, startup companies face significant hurdles in bringing innovative solutions to market. Licensing software and intellectual property provides a practical pathway for startups to overcome high development costs, regulatory complexities, and the need for advanced technology. By understanding various licensing models and the strategic importance of partnerships, healthcare startups can accelerate growth while ensuring compliance and security. This guide aims to empower entrepreneurs with the knowledge needed to make informed decisions about licensing, ultimately supporting innovation and better patient outcomes.
This post is the first in our three-part series, Gearing Up for HTLH USA 2025, where our team of attorneys will share insights on intellectual property, equity, and exit strategies and how these issues intersect in the transactional context.
Physicians are driving much of today’s health innovation. From new devices and digital tools to
Later this month, members our Healthcare group will be presenting at the HLTH USA 2025 conference in Las Vegas. We have the 8 a.m. session on Tuesday, October 21, 2025, titled “Clinic to Cap Table: IP, Equity, and the Path to Exit,” where we will talk about how to turn clinical insight into
Since the 2022 overhaul of Colorado’s restrictive covenant statute, C.R.S. § 8-2-113, the Colorado legislature has made ongoing amendments to the law which continue the trend of limiting the effectiveness of restrictive covenants in the state. Most recently, the 2025 General Assembly took aim at the provisions of the statute regarding restrictive covenants’ applicability to select healthcare providers as well as buyers and sellers of a business.
Taxpayers may encounter a variety of challenges as the IRS is facing one of its smallest (and least experienced) workforces since the 1970s. Continuing the theme of our previous article authored by Robert Romashko, the following discussion highlights some specific tax diligence areas of concern in the healthcare space. The problems of a very outdated IT system still exist – the IRS still uses fax machines in communications with taxpayers.
Last fall, private equity and hedge fund investors were given a reprieve from the prospect of increased oversight of healthcare transactions when California Governor Gavin Newsom unexpectedly vetoed Assembly Bill 3129 (AB 3129). That bill would have required review and approval by the California Attorney General of certain healthcare transactions involving private equity groups and hedge funds and imposed limitations on contractual relationships between investors and healthcare providers. On February 12, 2025, Senator Christopher Cabaldon (D-Sacramento) introduced Senate Bill 351 (SB 351), which revives aspects of AB 3129 relating to relationships between private equity groups and hedge funds and physician and dental practices, reinforcing California’s existing corporate practice of medicine and corporate practice of dentistry bars.
On November 15, 2024, the California Board of Pharmacy issued a public notice of its intent to modify Cal. Code Regs. tit. 16 § 1708.2, which governs the discontinuation of pharmacy businesses in California. The regulation currently states:
“Any permit holder shall contact the board prior to transferring or selling any dangerous drugs, devices or