Fiduciary Engagement in Artificial Intelligence Innovation: A Governance Imperative

For most healthcare and life sciences companies, investment in and deployment of AI technology is expected to be a critical strategic component for the foreseeable future. Effective, ongoing governance oversight of AI will be a critical organizational concern for companies, and the governance framework itself must reflect and be able to accommodate the highly dynamic nature of AI. Establishing a framework for board decision making and oversight at the earliest possible stage of an organization’s development and implementation of its AI strategy will contribute significantly to the board’s ability to fulfill its fiduciary responsibilities and thereby enhance the AI initiatives’ trustworthiness and prospects for success.

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Originally published in the June 2021 issue of Health Law Connections, produced by the American Health Law Association.




McDermott Earns “Elite” Firm Designation and 12th Consecutive Band 1 National Ranking from Chambers USA

International law firm McDermott Will & Emery is pleased to announce its Healthcare Group received its 12th consecutive national Band 1 ranking in the 2021 edition of Chambers USA. The team also earned Band 1 state-level healthcare rankings in California, Florida, Illinois, Massachusetts and Washington, DC. Additionally, the Firm earned the national Spotlight Table ranking for the Privacy and Data Security: Healthcare category. Overall, the Firm saw a 25% increase in the number of new partners recognized, bringing the total to 37.

Chambers praised McDermott’s Health Industry Advisory practice, describing the team as “top-notch” and “very knowledgeable, responsive and practical.” Interviewees also drew attention to the Firm’s “incredible roster of clients.”

Clients provided similarly impressive remarks, noting our team’s deep bench strength and specialties. “McDermott is the best – they have the deepest knowledge and the most subspecialists” and “the firm consistently produces high-value work. It does a great job quickly analyzing and reporting out on regulatory and legislative changes.” One interviewee recognized “McDermott’s healthcare practice is unparalleled. It has experts on every corner of the industry.”

This year was particularly important and challenging for the health industry. Our passion and dedication to help clients achieve and surpass their business goals, while delivering the highest level of care – no matter the state of the healthcare landscape – was most important to us.  “We are honored that Chambers USA again recognized our unwavering commitment to clients,” said Eric Zimmerman, global lead of McDermott’s Health practice. “After the challenges over the last year, these accolades feel particularly gratifying, because they reflect that we successfully served our clients on the front lines of the COVID-19 response as they advanced their missions and kept their businesses moving forward.”

Of the 37 Chambers USA recommended healthcare lawyers, 12 were ranked in Band 1, including  Bernadette BroccoloStephen W. BernsteinIra Coleman, Charles Buck, John M. Callahan,  Gary Scott DavisChristopher M. JedreyJames F. OwensMichael W. PeregrineKerrin SlatteryJerry J. Sokol and Eric Zimmerman. Additional lawyers were recognized across eight states, including seven lawyers who were added to the rankings for the first time and six who advanced from the previous year.

McDermott Will & Emery is the nation’s leading health law firm. The Health Industry Advisory group is the only health practice to receive top national rankings from U.S. News – Best Lawyers “Best Law Firms,” Chambers USA, The Legal 500 US, and Law360. The practice was also recognized by Chambers as “Health Team of the Year” in 2010, 2013, 2017 and 2019. McDermott has also held the top spot in PitchBook’s League Tables as the most active firm for healthcare private equity since 2017.

Read the full details about the Firm’s rankings and editorial commentary.

ABOUT CHAMBERS USA

Chambers USA rankings and editorial commentary are based on independent research, and interviews with clients and other purchasers of legal services. Chambers & Partners is one of the premier directories for legal services and in a survey of 20,000 in-house counsel over half [...]

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Access To Digital Health Applications And Digital Care Applications In Germany

On 20 January 2021, the German Federal Cabinet approved the draft law on the digital modernization of healthcare and nursing care. The draft has been criticized for not taking into account lessons learned from the implementation of the 2019 digital health applications law.

The legally enforceable right of patients insured in the Germany statutory healthcare system (SHI) to be able to access digital health applications (DiGAs) was included in the German SHI code (SGB V) at the end of 2019.

DiGAs are low-risk medical devices (risk class I and IIa) that are primarily based on digital technologies and support the detection, monitoring, treatment, or alleviation of diseases, injuries, or disabilities. Under the SGB V, DiGAs have to be approved by the German Federal Institute for Drugs and Medical Devices (BfArM) and included in the DiGA List before doctors can prescribe them to their patients on an individual basis and at the SHI’s expense. Among the DiGAs listed by BfArM since the first listing in October 2020, are those that support patients with light depression, insomnia, obesity, or tinnitus.

Read more in our latest edition of International News.




Top Takeaways | Cybersecurity & Insurance Coverage in the Age of Telehealth: Understanding and Mitigating Your Risk

With more frequent and more severe ransomware attacks against health care platforms and vendors and the increasing use of telemedicine, it is critical to understand how to proactively defend your organization using robust legal, regulatory and cyber-coverage strategies. In this webinar, McDermott partners Dale Van Demark and Edward Zacharias joined Brett Buchanan of Marsh & McLennan Agency and Larry Hansard of Gallagher USA to explore the intersection of telemedicine and cybersecurity. Our panelists offered attendees a road map for navigating this rapidly changing space, including practical strategies for shoring up their defenses and addressing potential risks to their businesses.

  1. Providers engaging in telemedicine should consider three critical areas of insurance coverage: medical professional liability, technology errors and omissions, and cyber/privacy liability. “Several carriers have packaged these three important coverages into a one-policy format, referred to as a virtual health program,” Hansard said.
  2. A medical professional liability program should include incident reporting, punitive damages, and sexual abuse and molestation. The latter may seem surprising in a telemedicine context, but is important given reports of inappropriate patient behavior during telemedicine encounters, Hansard said.
  3. New telehealth technologies, such as AI chatbots for patient intake, create new and more complex bodily injury exposures, Buchanan said. “Working with an insurance underwriter that understands these nuances is absolutely key,” he said. In addition to bodily injury, coverage should include technology errors and omissions, cyber liability and general liability.

Click here for the full list of highlights.
Click here to view the full webinar.




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