Drafting Problems with Fee Terms in Digital Health Contracts
When a client sends me a digital health software agreement to review or update, I always make a priority of reviewing any terms in the contract involving fees and then carefully reviewing the website and any marketing materials or fee schedules to confirm that the fee terms in the contract clearly match the fees listed […]
Arbitration vs. Litigation in Digital Health Contracts: Which Option is “Better”?
I was recently asked by a client whether arbitration or litigation was “better.” The issue had been raised by an attorney on the other side of the contract, who had not only tried to persuade my client to revise the specific clause in that case, but had also provided my client the unsolicited advice that […]
Will Your Digital Health Company’s Contracts be Vulnerable to a Recession?
If your digital health company is like most companies right now, your company is nervous about the possibility of an impending recession. Of course, the real challenge is how to handle those nerves, and what steps your digital health company should take to better protect itself in the current environment. The conventional wisdom is to […]
The Risks of Closing a Digital Health Deal by Signing the Customer Contract
Updated 6.27.24 Perhaps one of the very worst decisions I see digital health companies make is negotiating to close a digital health deal by agreeing to sign the customer’s contract. While it can potentially save time and upfront legal fees to agree to sign the customer’s proposed contract and perhaps get cash in the door […]
