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Drug & Pharmacy

The drug and pharmacy industry is in an era of unprecedented change. Greater patient demand, intense competition, growing state and federal regulatory oversight, new innovations, and shrinking profit margins are challenging the entire supply chain. Our attorneys are entrenched in your industry and committed to being your go-to legal team.

Drug & Pharmacy

When it comes to procuring essential business counseling, regulatory compliance, guidance on government affairs, or dispute resolution services, pharmacies, health care providers, technology companies, and others in the industry depend on Much.

Resolution-focused results for transactions and commercial or regulatory disputes.

Our clients include major drug manufacturers, pharmacies, and national health systems, as well as third-party logistics providers, wholesalers, startup technology and research companies, pharmacy benefit managers, individual physician practices, and other for-profit and nonprofit entities. They typically come to us with a business idea, seeking legal signoff and a strategy. We understand the sector and the highly complex issues that can frustrate these industry participants, and we produce the right results that enable them to achieve their goals.

Experience

Jason Rosenthal Obtains Indemnification from Insurer for Defense Costs and Multimillion-Dollar Settlement
Much Represents Continuum Clinical in Sale to Spectrum Science

We provide experienced counsel in the following areas of drug and pharmacy law:

  • Administrative and regulatory compliance
  • Audits
  • Congressional inquiries
  • DEA registration matters
  • Electronic prescribing
  • ERISA compliance
  • Estate and succession planning
  • Federal Trade Commission requirements
  • Government investigations
  • In-store clinics
  • Labor and employment
  • Litigation and conflict resolution, including trials, arbitration, and mediation
  • Licensing and certification
  • Management agreements
  • Medicare and Medicaid reimbursement
  • Mergers, acquisitions, and corporate transactions
  • Pedigree issues
  • Real estate
  • Specialty pharmacy matters
  • State consumer protection laws
  • Technological issues and entities, including software and automation
  • Third-party logistics provider issues
  • FDA regulations
  • Vendor agreements
  • Wholesale distribution issues

Trending & Horizon Issues

  • An era of unprecedented industry change: Manufacturers, wholesale distributors, and pharmacies are facing greater patient demand. Intense competition, growing state and federal oversight, and shrinking profit margins are challenging supply chain stakeholders. And new delivery system technologies and innovations in R&D present both opportunities and obstacles. While this marketplace has always been fast-moving, for the first time, it is also confused about where to turn. Only partially due to COVID-19, everything is changing – from the actual practice of pharmacy to how we’re delivering medication to labor and employment issues. Change can be good, creating many opportunities, but it also requires great care and a thoughtful strategy – the kind that Much can provide.
  • The expansion of pharmacy and pharmacy-related services: This is one area in which we are seeing particular growth in the direction of the European model. Beyond linking pharmacies to specific drug products, we are seeing pharmacies offer a wider range of services in their efforts to increase both customer reach and profits. Health care provider status and a mechanism for reimbursement for services may soon happen, and pharmacies are poised to become a more central access point for health care delivery moving forward. A number of clients have already put us to work on these types of issues to help them gain an understanding of the laws and regulations pertaining to these new initiatives.
  • The search for new revenue streams: While the pandemic meant lots of “free money” for pharmacies, much of that funding has now dried up. Reimbursements on claims and prescription drugs are also flat, leaving operators to make cuts in staffing and elsewhere. As calls for alternative means of revenue continue, operators need to proceed with caution – and proceed with experienced counsel.
  • New billionaire entrants to the retail pharma arena: First, Amazon entered, launching its own pharma vertical and assembling a team to run it. Now, Mark Cuban is here, too, with a “cost plus” pharmacy that deals directly with manufacturers. How will these new players change the game? Contact us to discuss it.

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