Virtual & Digital Health and Artificial Intelligence

The new model for health care requires novel — yet practical — approaches to address legal and regulatory issues related to the research, development, marketing, globalization, and end-user reliance on these emerging technologies. This rapid technological innovation is challenging traditional regulatory and clinical frameworks that have been slow to adapt. Arnold & Porter is at the forefront in helping clients navigate the myriad of complex issues in this growing and constantly evolving sector. We represent players in virtually every aspect of the development and deployment of digital and AI tools in health care, ranging from platform companies looking to implement digital and AI-based tools in health systems, to physician networks, to product companies developing decision support and imaging devices built on generative learning platforms, to AI software developers.

For many of our clients, issues often arise in the context of product launches, venture capital investment deals, or in/out licensing transactions. Such issues can be compounded by the overlay of competing regional, state, and federal regulations that restrict the practice of medicine or limit billing for technology-enabled diagnoses or patient monitoring. The use of data to validate and deploy these technologies raise important privacy and data protection questions, many of which require a use-case specific solution that often varies by jurisdiction. Our cross-functional team of transactional and regulatory lawyers (including many former government regulators) combines diverse subject-matter experience, deep industry knowledge, international perspectives, and creative problem solving to help clients transform their delivery of health care solutions.