HealthTech and Technology

HealthTech and Technology

Cynthia has a sophisticated practice representing clients in HealthTech (health care technology) and general technology, as outside general counsel or on an issue-by-issue basis. She also represents these clients in court cases and in dispute resolution through arbitrations, mediations, or information settlement discussions.  

She counsels and represents these businesses and their owners with respect to:

• Formation; 
• Employment and independent contractor agreements (Read more here);
• Contracts, such as vendor contracts and agreements with payers;
• Business Associate agreements;
• Compliance matters (including, by way of example, those that concern HIPAA, HITECH, STARK, payer relationships, licensure requirements, and privacy laws; 
• Governance; 
• Capital raises and investor relationships;
• strategic or long-range plans; 
• Risk management and dispute resolution/litigation; and 
• crisis management.

With respect to vendor and customer contracts, Cynthia drafts agreements customized for her client’s unique needs, including master agreements, statements of work, data use agreements, licensing agreements, business associate agreements, and other memoranda of understanding or agreements with customers, service providers, or suppliers. She is highly experienced at drafting agreements that protect her client’s valuable confidential and proprietary information. She can quickly understand the economic model of a product and the financial structure of a contemplated agreement, which allows her to draft and negotiate agreements that maximize economic value to her clients. She is mindful of the business relationships underlying contemplated agreements and understands how to draft an agreement that not only protects her client but also forwards its business plans.  

With respect to employment and independent contractor matters, Cynthia regularly provides counsel to her business and individual clients on matters involving employment, severance, independent contractor, and restrictive covenant agreements, due to the unique blend of her experience representing both individuals and businesses in the negotiation and litigation of such matters.  Read more here.

Cynthia has significant experience navigating the ever-growing and complex compliance and privacy environment within which HealthTech and technology clients operate. Her familiarity with HIPAA, HITECH, privacy, STARK, and other health-related regulatory matters allows her to provide insightful and forward-thinking advisory services in these areas.  She also brings to her representation of HealthTech and technology clients a keen understanding of the operational, contractual, and economic issues that they face, gleaned from years of experience representing clients in this industry. 

Finally, with respect to risk management and dispute resolution/litigation matters, Cynthia brings to her representations four decades of experience as a business litigator, handling small and larger “bet your company” cases for small and large businesses. Read more here.

Representative matters for HealthTech and Technology Companies

• Outside General Counsel for highly successful, growing, cutting-edge company in the IT/Health Care industry, beginning with start-up and continuing through its growth into a thriving, prosperous mid-life company and acquisition by a publicly traded company, providing advice to management on a daily basis regarding a full array of business issues.
• Outside General Counsel for growing health care start-up, beginning with ideation and formation, including structuring of entity and affiliates, counseling on governance, and Series A funding, employment matters, and equity plans, drafting employment and restrictive covenants agreements, drafting custom customer and vendor agreements, business associate agreements and data use agreements, representation at board meetings, providing compliance and privacy counsel, and drafting privacy policies.
• Outside General Counsel for several health care providers or provider groups, including drafting and negotiating vendor agreements, counseling on employment matters, and providing compliance and privacy-related counsel.
• Outside General Counsel for web-based health care provider, drafting terms of use and privacy policies, and handling other privacy and compliance matters.
• Representation of several technology firms in their acquisition by other technology firms, including strategic structuring of acquisitions, drafting and negotiation of deal documents.
• Outside General Counsel for start-up digital technology company, commencing at formation.

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