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  1. Capabilities

Medical Devices

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  • Overview
  • Experience
  • Related Insights & News
  • Key Contacts

    Charles B. KleinT. Reed StephensNimalka Wickramasekera
    View Our Full Team

    Resources

    Product Liability & Mass Torts Digest

    The medical device industry is currently undergoing monumental change—from supply chain challenges to disruptive technologies and economic fluctuations. To pave the way for a more accessible and innovative healthcare landscape—including advances in wearables, implants, diagnostics, mobility, drug delivery—the evolving and expansive medical device industry faces wide-ranging legal needs. Clients in this sector can tap the remarkable depth and breadth of our sector-focused and skilled attorneys in the U.S. and abroad. Our Healthcare & Life Sciences Industry Group engages clients at all points in the product development life cycle to provide sound advice and practical solutions regardless of the client’s size or the complexity of their need. We help clients navigate today’s complex regulatory landscape, defend products and reputations in the face of high-profile product liability and mass tort claims, protect innovative intellectual property (IP), and leverage cross-border experience to advise on commercial transactions.

    Key Contacts

    Charles B. KleinT. Reed StephensNimalka Wickramasekera
    View Our Full Team

    With more than 100 attorneys, our IP Practice is one of the most active and highly regarded in the U.S. In this legal discipline, very few firms offer as wide a spectrum as that of our life sciences and technology experience. Technologies Covered by Our Practice

    • Mechanical & Systems Engineering – products and devices designed to carry out specific functions, manufacturing, or process steps (e.g., medical devices, heat transfer, fluid control, and industrial process equipment)
    • Life Sciences & Biotechnology – genetically engineered and DNA-based technology; implantable devices; diagnostics, vaccines, probes, vectors, and cell lines; and related discoveries for application in compositions, treatments, and therapeutics
    • Electrical Engineering & Electronics― computer hardware, peripherals, and software; artificial intelligence; and digital devices

    Our Healthcare & Life Sciences Industry Group stands ready to meet our clients wherever they may be in the product development life cycle—research, commercialization, or distribution—to provide advice and practical solutions to clients, whatever the complexity of the need. We routinely draw from our extensive business and regulatory knowledge to help sector participants navigate the complete product life cycle, including:

    • clinical research and development programs, including HIPAA privacy and consent;
    • sales and marketing compliance, including employee training on fraud and abuse and Code of Ethics;
    • marketing application strategies for drugs, biologics, and medical devices and U.S. state licensing requirements;
    • government Price Reporting obligations for Medicare, Medicaid, the Department of Veterans Affairs, and 340B;
    • the negotiation of customer and distributor supply agreements for both pharmaceutical manufacturers and medical device companies, including government purchasers under the Federal Supply Schedule (FSS);
    • design and execution of Patient Access programs (e.g., kickstart, patient assistance and co-pay assistance programs for pharmaceutical manufacturers, limited pharmacy distribution networks, and hub service vendors); and
    • international trade compliance, including country of origin.

    We have extensive experience advising clients on risk management concerns involving mergers and acquisitions, public policy, IP protection, and an array of regulatory compliance matters relating to product marketing, foreign bribery, and import/export controls.

    With former DOJ attorneys and in-house attorneys embedded in our Healthcare & Life Sciences Industry Group, our attorneys have extensive experience in matters involving state and federal government law enforcement and investigations, including federal False Claims Act (FCA) defense, internal investigations, fraud and abuse compliance training, congressional investigations, and healthcare litigation.

    Related Capabilities

    Commercial Litigation & Disputes
    Employee Benefits & Executive Compensation
    Environmental
    Government Program Fraud, False Claims Act & Qui Tam Litigation
    Intellectual Property
    International Trade
    Labor & Employment
    Litigation/Trials
    Mergers & Acquisitions
    Patent Litigation
    Private Equity
    Privacy & Data Security
    Trade Secrets, Non Competes & Restrictive Covenants
    Healthcare
    Life Sciences

    Recent Experience

    Court Square Capital Partners in its Definitive Agreement to Sell Advanced Diabetes Supply Group for US$1.1B
    Docter Inc. and Aimfinity Investment Corp. I Announce Definitive Merger Agreement
    Picard Medical and its Subsidiary, SynCardia Systems, Announce Business Combination with Altitude Acquisition Corp.
    Culper Capital Partners's Acquisition of Ring Precision Components, New Vision Industries, and Dieco to form The Producto Group
    Surgical Science Sweden AB's Acquisition of Simbionix
    Incodema Holdings' Acquisition of Dahlquist Machine
    Hospice Source's Acquisition of Superior Healthcare Inc.
    United American Healthcare Corp. Sale of Pulse Systems LLC to Heraeus Holding GmbH
    Won Rare Denial of Class Certification for Medtronic in Securities Fraud Litigation

    Resources

    Product Liability & Mass Torts Digest

    Notable

    50+ attorneys with technical degrees

    Ranked in Product Liability, Mass Tort, and Class Action – Defense: Pharmaceuticals and Medical Devices

    The Legal 500 US 2023

    50+ attorneys with technical degrees

    The Legal 500 US 2023

    Ranked in Product Liability, Mass Tort, and Class Action – Defense: Pharmaceuticals and Medical Devices

    ResourceSurvey of State Transaction Notification Requirements
    This survey provides a comprehensive overview of Baby HSR laws throughout the United States, identifying which states have adopted premerger notification requirements and summarizing key details such as the types of transactions covered, the content of required notices, and the timing of the review. 
    Learn More
    ResourceSurvey of State Transaction Notification Requirements
    This survey provides a comprehensive overview of Baby HSR laws throughout the United States, identifying which states have adopted premerger notification requirements and summarizing key details such as the types of transactions covered, the content of required notices, and the timing of the review. 
    Learn More

    Related Insights & News

    View All Insights & News
    Blog

    District Court Recognizes Loper Bright Does Not Undermine Basis for Express-Preemption Defense in Medical Device Cases

    August 22, 2025

    Speaking Engagement
    Partners Imad Khan and Keerthika Subramanian Discuss Hot Topics in International Arbitration and Strategic Transactions in India as Part of Practising Law Institute Program

    May 9, 2025

    Client Alert
    White House Memorandum Elaborates on Prior Executive Order with Requirements for “High-Impact AI” Used by Federal Agencies

    May 2, 2025

    Sponsorship
    Winston & Strawn Sponsors Healthcare Business International 2025

    March 24, 2025

    Client Alert
    Executive Order Reemphasizes Healthcare Price Transparency

    March 4, 2025

    Speaking Engagement
    Banee Pachuca to Teach Fraud and Abuse Course at the University of Houston Law Center

    Spring 2025

    Blog

    New Theory for Establishing Causation Under California’s Learned Intermediary Doctrine (Himes v. Somatics)

    July 2, 2024

    Recognitions
    Winston & Strawn Recognized in The Legal 500 U.S. 2024

    June 12, 2024

    Blog
    Eleventh Circuit Affirms CoolSculpting Device Manufacturer Win on Warning and Defect Claims

    August 11, 2023

    Speaking Engagement
    Ivan Poullaos Discusses How the Supreme Court’s Enablement Ruling in Amgen v. Sanofi Will Affect Biologic Patent Portfolio Strategies

    June 27-28, 2023

    Client Alert
    Clarifying the Enabling Obligation of the Patent Act: Amgen Inc. v. Sanofi

    June 21, 2023

    Seminar/CLE
    Winston & Strawn’s Product & Mass Torts Summit 2023

    June 14, 2023

    Blog

    District Court Recognizes Loper Bright Does Not Undermine Basis for Express-Preemption Defense in Medical Device Cases

    August 22, 2025
    Speaking Engagement
    Partners Imad Khan and Keerthika Subramanian Discuss Hot Topics in International Arbitration and Strategic Transactions in India as Part of Practising Law Institute Program
    May 9, 2025
    Client Alert
    White House Memorandum Elaborates on Prior Executive Order with Requirements for “High-Impact AI” Used by Federal Agencies
    May 2, 2025
    Sponsorship
    Winston & Strawn Sponsors Healthcare Business International 2025
    March 24, 2025
    Client Alert
    Executive Order Reemphasizes Healthcare Price Transparency
    March 4, 2025
    Speaking Engagement
    Banee Pachuca to Teach Fraud and Abuse Course at the University of Houston Law Center
    Spring 2025
    Blog

    New Theory for Establishing Causation Under California’s Learned Intermediary Doctrine (Himes v. Somatics)

    July 2, 2024
    Recognitions
    Winston & Strawn Recognized in The Legal 500 U.S. 2024
    June 12, 2024
    Blog
    Eleventh Circuit Affirms CoolSculpting Device Manufacturer Win on Warning and Defect Claims
    August 11, 2023
    Speaking Engagement
    Ivan Poullaos Discusses How the Supreme Court’s Enablement Ruling in Amgen v. Sanofi Will Affect Biologic Patent Portfolio Strategies
    June 27-28, 2023
    Client Alert
    Clarifying the Enabling Obligation of the Patent Act: Amgen Inc. v. Sanofi
    June 21, 2023
    Seminar/CLE
    Winston & Strawn’s Product & Mass Torts Summit 2023
    June 14, 2023
    View All Insights & News
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