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Health and Fitness Industry Team
Bryan Cave counsels members of the fitness, health club and wellness industry in a wide array of legal issues that impact their businesses daily. Our clients range from health and racquet club owners and operators to manufacturers of sporting goods and fitness equipment and other industry suppliers. They rely on us for legal advice and business acumen to succeed in an increasingly competitive environment. With more than 900 lawyers across 25 offices worldwide, Bryan Cave possesses unique breadth and depth in representing industry leaders. Bryan Cave’s Health and Fitness Industry Team offers expertise along with efficient and flexible billing structures. Our experience includes work with: Franchising. As your brand grows, so do your opportunities – and risks. Our franchise lawyers guide companies along the path from start-up to international household name. Club Construction Agreements and Disputes. Whether you are building a new club or remodeling a current facility, Bryan Cave lawyers help you navigate the construction process and advise you if disputes arise. Data Privacy and Security. Your customers often entrust you with their most private and sensitive personal information. With this information comes legal risks and challenges. We advise our clients on using, sharing and protecting this data. Idea Protection, Intellectual Property and Trade Secrets. We can help identify and protect key intellectual property through patents, trademarks, licensing and other contractual and regulatory protections. Our experience covers actions related to counterfeit and gray market goods, resale price maintenance structures, and enforcing employment agreements related to inventions and other proprietary information. We are also fully versed in the issue surrounding licensing of the software that keeps your business competitive and running smoothly. Personal Injury Claims and Premises Liability. When manufacturers of sporting goods and fitness equipment are the subject of personal injury claims, or when an injury occurs on your property, our skilled group of experienced trial lawyers are prepared to defend your interests. Labor and Employment Litigation and Counseling. Our lawyers have experience with all types of employment litigation matters and counseling in state and federal forums and administrative agencies. We also have extensive experience in class action and collective action litigation. Federal, state, and local regulatory matters. Our lawyers guide clients through the maze of various state regulations and enforcement actions specific to the health and fitness industry. With offices in 19 U.S. cities and six countries, and lawyers licensed in more than 160 jurisdictions, Bryan Cave has expertise “on the ground” across the major markets. Representative Matters   Defended manufacturer of fitness equipment in action involving negligence and product liability claims. Defended fitness club against claims brought by building materials supplier arising out of construction of new facility. Defended national vitamin and supplement retailer in class action by professional athlete and class of consumers based on sales and advertisement of allegedly mislabeled supplements. Representation of large sporting goods manufacturer in connection with numerous contract negotiations and disputes, team and athlete sponsorship agreements and anti-doping clauses. Representation of large sporting goods manufacturer in the prosecution of claims protecting intellectual property rights such as trademark counterfeiting, right of publicity, and breach of employment agreement claims. Representation of athletes and sponsors in connection with endorsement, sponsorship, and other related agreements and disputes. Representation of major regional club owner and operator in employment, IP licensing, real estate leasing, and regulatory matters. Defended sporting goods manufacturer against competitor's claims of patent infringement. Successful resolution of Federal Trade Commission merger review involving the combination of leading nutrition supplement manufacturers. Creation of pricing and distribution programs for outdoor products and athletic equipment manufacturers. Conducting compliance training and providing pricing advice to leading athletic footwear company.
Practices
Health Care Team
Health care is a constantly evolving and growing industry that requires legal services across a diverse breadth of practices and business activity. The growing trend of mergers and acquisitions, a constant need to ensure regulatory compliance with administrative and legislative changes, and increasing pressure to keep costs down while increasing efficiency demands proactive, business-oriented legal advice. Bryan Cave’s cooperative, “one firm” model means members of our Health Care Team work seamlessly with other client service groups firmwide to address legal issues and challenges facing all health care clients, both in the U.S. and overseas. Bryan Cave’s Health Care Team combines legal and practical experience to strategically advise and represent clients across the full spectrum of health care needs. From health care transactions and regulatory counseling to fraud and abuse investigations, from the defense of government enforcement actions to political advocacy and lobbying, Bryan Cave provides comprehensive and robust solutions to complicated and challenging health care matters. Our health care clients operate across the globe and include leading health care systems and providers, private equity firms and other investment firms focused on the health care industry, medical equipment manufacturers, distributors and suppliers, health care information technology companies and many others. Bryan Cave’s health care practice is global. With international offices throughout Europe and Asia and a “one firm” philosophy that enables us to work efficiently with colleagues in any practice area or office, we develop solutions and provide our clients with prompt, sophisticated, and reliable advice and advocacy on the full array of health care issues.
Practices
Medical Device Team
Medical device companies operate in a rapidly evolving industry where knowledge, speed and efficiency are rewarded. Often these companies move from conception to acquisition or initial public offering over a short period of time. To gain competitive advantage, sustain innovations and successfully manage rapid growth, proper groundwork and execution are essential. Members of the Medical Device team assist medical device companies with a  variety of interrelated business and legal issues, including: Identifying and protecting key intellectual property through patents, trademarks, licensing and other contractual protections. Developing employment and consulting agreements, including non-competition, non-solicitation, confidentiality, work for hire and conflict of interest provisions, and qualified and non-qualified equity incentive plans. Structuring and negotiating financing from a variety of sources which may include angel investors, research grants, venture capital funds, strategic investors, banks and other financial institutions and public markets. Preparing for product commercialization, including identifying and securing necessary regulatory approval, such as FDA approval and export licenses, and developing manufacturing capabilities. Leveraging their innovation by structuring and negotiating strategic partnerships and corporate alliances. Medical device companies in all stages of their growth cycle, from start-ups seeking an initial capital investment to publicly traded companies, rely on Bryan Cave for legal advice. The services we provide include: Intellectual Property Creation and Protection Structuring and Negotiating Financing Strategic Partnerships and Corporate Alliances Employment and Consulting Arrangements Compliance and Regulatory Services Experience in IPO and M&A Exit Strategies Our comprehensive services provide the legal advice and business acumen medical device companies need at every phase of their growth. Our professionals also provide clients with: Speed: managing the financing process to accelerate a deal from the structuring/term sheet stage through the closing. Efficiency: utilizing our experience and state-of-the-art form documents to maximize the efficiency of drafting and negotiating of definitive transaction documents. Effective Negotiations: identifying key value drivers in a deal and making the most of them while reducing risk by uncovering and avoiding common deal pitfalls. Seeing the Big Picture: advising on all aspects of your business and at all stages of its growth, from seed funding through acquisition or initial public offering. Creating Value: understanding your technology and its role in your business means a more effective intellectual property strategy and a more valuable enterprise. Rapid Commercial Response: responding rapidly and knowledgably to complete licensing, sales, collaboration and other commercial contracts at the speed of business.
Practices