Comprehensive Legal Support & Industry-Specific Solutions in the Healthcare & Life Sciences Industries
Medicinal products and medical devices are heavily regulated in Europe and Germany. In this industry, strategic decisions, on how to best place a product on the market and then assess its performance in it, are strongly influenced by complicated legal provisions and industry guidelines. Working around these bureaucratic hurdles can prove difficult without expert legal guidance. At Schlun & Elseven, we are more than capable of providing our clients with the targeted advice, assistance and legal knowledge that they need.
Due to our background in the sector of medical law, the dual qualification of our founding partner and the professional expertise of our attorneys, Schlun & Elseven Lawyers guarantee optimal representation and full-service consultation to our clients in the German health sector. Our deep industry focus and breadth of experience enables us to advise clients on all aspects of the product life cycle – from innovation and development through to commercialization and the eventual restarting of the cycle – as well as in contentious court proceedings with regulatory authorities.
Connections between the Life Sciences and Healthcare Industries and Specific Legal Fields
Here are some of the services our team of lawyers offer to our clients in the life sciences and healthcare industries. This list is non-exhaustive and illustrates just some of the interactions which occur between the industries and the specific legal field. Our team provides excellent legal representation while always keeping the unique requirements of the industry central to our service.
German Healthcare & Life Sciences – Full-Service Law Firm
Generally, the life sciences and healthcare industries is highly regulated and legal advice in the field is concerned with medicine and its relationship to the law. It is primarily based on the fundamental rights of the individual and how they balance with the rights of the doctor or health practitioner. Our lawyers act for healthcare clients around the world, including hospitals and healthcare systems, as well as clinics, health insurers, academic medical centres and retail pharmacies on a wide variety of regulatory, financial and litigation issues all over Germany.
From our offices in Cologne, Aachen and Düsseldorf, as well as conference room facilities around Germany, our lawyers advise our clients in the industry across many legal areas. Whether you require on-going legal support and partnership with our law firm, or require a lawyer for a once-off legal dispute, our lawyers have something to offer you. Contact our firm today to find out more about us.
Commercial Activities & Contracts Law
In the life sciences industry, it is vital to have solid distribution networks with legal protections in place. Our lawyers are experienced negotiators and have a deep knowledge of commercial law in Germany and can provide the required guidance for the design of distribution and supply networks for your company. Our team regularly designs and reviews contracts for our clients and can ensure that your contracts fulfil your demands while considering the unique aspects of the industry. Specific agreements our lawyers advise on in the life sciences and healthcare industries include (but are not limited to):
- Clinical Study Agreements,
- Collaboration and License Agreements,
- Manufacturing Agreements,
- Partnership Agreements,
- Research Service Contracts,
- Technology Transfer Agreements.
2020 has shown the value of force majeure clauses in distribution agreements and how and when they can be enforced. Allow our experts to analyse your contracts and distribution and supply agreements.
Employment Law: Healthcare & Life Sciences Industries
At Schlun & Elseven our employment lawyers advise and support those in the healthcare and life sciences industries across the board in legal matters. German law provides strong protections for employees which means support from experts in employment law cannot be overlooked. Avoiding legal disputes where possible is important in order to save time and finances as well as for employee morale. Allow our employment law experts to design and implement suitable policies within the workplace which consider not only the legal requirements but also best practice within the industry. Such policies include anti-bullying and harassment policies, whistle-blowing procedures, disciplinary procedures as well as collective bargaining systems.
As certified specialists in the field of employment law, Dr. Thomas Bichat and Mr. Jens Schmidt provide our clients in the healthcare and life sciences industries with excellent assistance and support in employment cases. Should a case reach the labour court, our experts can oversee the case and provide you with leading representation.
Medical Law
Our medical negligence lawyers provide private hospitals and other medical practitioners with clear advice concerning practices they can implement to reduce the risk of medical negligence cases arising. Such cases are time-consuming, costly and can hugely impact the professionals involved. Avoiding them at all costs is a priority for those in the medical industry. § 630a (2) BGB outlines that:
(2) Unless agreed otherwise, the treatment must take place according to the medical standards that are generally recognised at the time of the treatment.
Having measures in place to ensure that the practices implemented are of the required standard is of the utmost importance. Allow our lawyers to analyse the measures implemented and the standards expected and then provide your medical practitioners with targeted legal advice.
Should the issue reach the stage where your group needs legal support, our lawyers can also be relied upon to represent you in court.
Litigation and Dispute Resolution
When legal disputes arise, your company will require lawyers with the required depth of experience and track record. From criminal cases for alleged medical negligence to commercial litigation and civil disputes as well as enforcement procedures, at Schlun & Elseven we have the legal professionals for the case. Our lawyers consisting of certified experts and former public prosecutors, assist our clients throughout the process, from initial investigations and preparation through to the court case itself and any subsequent appeals. Throughout the process, your business’ long-term and short-term goals will be kept central to our strategy.
Corporate Law Concerns: Healthcare & Life Sciences Industries
The corporate lawyers at Schlun & Elseven are available to advise your company on vital legal matters from corporate structures, the restructuring of current companies and on mergers and acquisitions in the industry. When examining corporate models pursued by our clients in the industry, our lawyers provide their specialist expertise with the objectives of the client kept central to matters. This applies to new companies entering the market, as well as to experienced companies aiming to restructure.
In expansions and mergers, our experts advise on how the goals of the company can be achieved in a legally compliant manner, where the requirements of competition law are fulfilled. Mergers and acquisitions in the field of healthcare and life sciences are further complicated by the myriad of regulation within the field. As negotiators with proven track records and experience, the team at Schlun & Elseven use their industry-specific expertise to oversee your expansion and ensure it takes place successfully. Additionally, our lawyers provide our clients with incisive advice regarding potential breaches of antitrust law by competitors and whether they have the option of pursuing legal action. Our full-service approach means that in corporate legal advice, your company is provided with the full picture.
Contact a lawyer with specialist knowledge of the German Life Sciences and Healthcare Industries
Please use contact form to tell us about your legal concerns in the medical, healthcare and life sciences industries. After receiving your request, we will make a short preliminary assessment based on the information provided and give you a cost estimation.
Locations & Contact
Office Hours
Mon. – Fr:
09:00 – 19:00 o’clock
24h Contact:
+49 211 882 84196
E-Mail: info@se-legal.de
Appointments only after
telephone arrangement.
Aachen
Schlun & Elseven Rechtsanwälte PartG
Von-Coels-Straße 214
52080 Aachen (Eilendorf)
Tel: +49 241 4757140
Fax: 0241 47571469
Cologne
Schlun & Elseven Rechtsanwälte PartG
Kyffhäuserstr. 45
50674 Köln
Tel: +49 221 93295960
Fax: 0221 932959669
Düsseldorf
Schlun & Elseven Rechtsanwälte PartG
Königsallee 60F
40212 Düsseldorf
Tel: +49 211 882 84196
Fax: 0221 932959669