Healthcare IT
Rich has successfully negotiated hundreds of in-bound and out-bound licenses and many other business agreements on behalf of software vendors and
IT consultancies with hospitals, healthcare systems, provider organizations, and leading suppliers across the United States and around the world.
Clients have included several of the largest global healthcare IT companies. Throughout multi-year engagements with several of the largest global EMR, ERP, and software technology companies in healthcare IT,
Rich leveraged his broad experience and knowledge to successfully negotiate and draft many competitive multi-million-dollar contracts for software and services.
- Strategic and tactical planning for successful business relationships
- Negotiation and drafting of contracts, leases, and other business agreements
- On-premises, hosted, SaaS, ASP, Web-based platforms
- IP Licensing
- IP Development
- Joint Development
- Professional Services
- Distribution
- Consulting
- Subscription
- VAR/OEM
- Reseller
- Marketing
- Referral
- Strategic Alliance
- Business Associate
- Subcontractor
- Teaming
- Escrow
- Financing
- Counsel on industry developments (e.g., HIPAA, IP protection, EU privacy, regulatory enforcement, employment, insurance)
- Dispute resolution situation analysis, settlement negotiations/agreements, and litigation management and support
- RFP response assistance
- Staff augmentation during peak contract periods – for clients with in-house legal departments
Representative Transactions
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Representing a software manufacturer building its next-generation product, developed and implemented a rapid acquisition strategy
for an essential software component that client previously planned to build.
OutcomeSaved client $2m vs build analysis and minimized risk of project delay or failure. -
During license negotiations with a large municipal hospital, the state filed ethics charges against my client’s sales employees,
alleging improper contacts with government officials during a scheduled black-out period.
OutcomeEthics complaint settled and license agreement was signed with no adverse publicity. -
Client was reselling an ancillary lab product. Reseller agreement expired and non-compete expired. Manufacturer began poaching customers.
OutcomeDeveloped and implemented a strategy to leverage surviving contract obligations and customer loyalty to discourage manufacturer from selling directly into client’s customer base, while client implemented a replacement lab product solution to preserve customers and revenue. -
BAA template proposed by a large provider organization included third-party beneficiary rights for patients against both the covered entity and business associate.
OutcomeFollowing discussions with the provider’s legal team, the provision was deleted and the provider updated its BAA template to remove the third-party beneficiary provision that subjected the provider to unintended financial risk. - Renegotiated client's supplier contracts to reduce outside software development spend.
Outcome$2.1m savings in first 12 months. -
Engineered the $22m sale of a declining business line and the $2.3m sale of a terminated business line.
OutcomeTwo profitable divestitures, reduced ongoing expenses, and elimination of legal risks. -
Renegotiated long-standing in-bound content license agreement after discovery that client was not compliant.
OutcomeNo penalty for out-of-compliance years and new agreement that allowed client’s existing business practices to continue. -
Represented the healthcare division of a global IT company that purchased a new flagship product; negotiated
and wrote most of the end user license agreements for the next
five years in coordination with client’s legal department. Also provided overflow support to the legal department of another division of the same company.
OutcomeMore than 40 new multi-million dollar customer contracts for new products and services.
