E-commerce & Internet Issues

With healthcare being delivered online or via software—whether as digital health, mobile health, telemedicine, a mobile medical app, wearable health technology, or via virtual reality, augmented reality, AI-powered devise, or otherwise—healthcare companies that are looking to grab market share, need to understand how healthcare law intersects with intellectual property protection and general business law.

E-Commerce and Internet Law Issues

Our healthcare and intellectual property lawyers navigate healthcare clients through Internet law, online advertising and marketing compliance, regulatory investigation and defense, intellectual property and digital media law issues.

Our legal team can guide healthcare companies with an online presence, software, or other health technology regarding legal issues relating to:

  • Advertising legal issues
  • Business dispute resolution
  • Business policies
  • Disclaimers specific to the health and wellness industry
  • E-commerce Issues
  • Email and SPAM legal issues
  • FDA law governing mobile medical apps
  • FTC mandated disclosures
  • FTC issues governing testimonials and endorsements
  • HIPAA and data security protection
  • Intellectual property protection
  • Internet privacy
  • Made in the USA rules
  • Rules specific to nutraceutical, weight loss and skin care products
  • Social media legal issues
  • Telemarketing law
  • Terms of use
  • Trade secrets and confidentiality
  • Website review with respect to claims
  • Website Terms of Use

In addition to reviewing marketing materials for FTC exposure, we also provide corporate legal advice, including drafting and negotiating Internet Affiliate Agreements, Online Publishing Agreements, Marketing and Sales Agent Agreements, Website Development Agreements, and specialized agreements for the healthcare industry.

Leases & Real Estate

We counsel our clients, from physician practices to management services organizations to growing healthcare startups, with respect to commercial leases and subleases, and on associated regulatory issues such as anti-kickback requirements that transactions be commercially reasonable and at fair market value.

We want our clients to be on the right side of fraud and abuse laws and regulations, and to ensure that they do not run afoul of corporate practice of medicine or other regulatory rules.  In addition, we assist our clients in corporate transactions involving real estate, including M&A transactions and purchases and sales of medical or other clinical practices.

Liability & Risk Management

An online business that connects patients and healthcare practitioners may subject to several sources of liability, including liability relating to unlicensed practice; vicarious liability relating to the negligence of practitioners; and liability premised on failure to properly vet (or credential) practitioners.

In general, there are two forms of vicarious liability: one is liability simply by virtue of the appearance of agency—i.e., the practitioner reasonably appears from the patient’s perspective to be an agent of the online company.  The other is liability for failure to supervise.

While targeted disclaimers can help, it is also important to build in some foundational risk management techniques, including contractually ensuring that practitioners do not violate their scope of practice or engage in practices that could result in liability to the telemedicine or digital health company.

Our healthcare and FDA attorneys will issue-spot for liability risk, not only in the traditional corners of negligence, but also with respect to potential side-attacks, such as claims for unfair business practices, intellectual property infringement or theft of trade secrets, weak spots in compliance, fraud and abuse issues, and other sources of legal and regulatory risk.

Resources

Avoid These 8 Common Legal Mistakes Before Signing Physician Agreements

Medical school teaches you a lot of science and clinical skills, but it doesn’t prepare you for the “streets” of legal documentation when you sign your physician contract. Even sophisticated […]

FTC settles charges based on mobile device data breach

The FTC put out a press release on a settlement regarding data breaches on mobile smartphones and cellphones.

California Privacy and Security Requirements for Protected Health Information Add to HIPAA Burden

State privacy and confidentiality laws (such as California’s) can add to the HIPAA compliance burden when handling protected health information (PHI).Data breaches are becoming increasingly […]

Is an online healthcare services directory a medical referral service?

Is an online directory of healthcare centers a medical referral service? We’ve had several online directories of healthcare services ask us what legal rules govern their operation. Below we […]

California Privacy and Security Requirements for Protected Health Information Add to HIPAA Burden

State privacy and confidentiality laws (such as California’s) can add to the HIPAA compliance burden when handling protected health information (PHI).Data breaches are becoming increasingly […]

“Terms of Use” to Limit Liability and Contract with Customers

Can healthcare and other startups creatively use Terms of Use to limit liability and Contract with Customers, creating clear expectations that manage their relationship with the end user?

Michael H. Cohen Speaking on FDA & Related Legal Issues in Online Health Ventures

Attorney Michael H. Cohen speaks on “FDA & Related Legal Issues in Online Health Ventures” at a prominent LA law firm’s Restaurant, Food & Beverage Group on July 9.

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