Kyle Faget

Special Counsel

Foley & Lardner

Kyle Faget is a special counsel and business lawyer with Foley & Lardner LLP. She is a

member of the firm�s Government & Public Policy Practice and the Health Care and Life

Sciences Industry Teams. Her practice focuses on advising clients on regulatory and

compliance matters involving the Food, Drug & Cosmetic Act, the False Claims Act, the

Anti-Kickback Statute, the AdvaMed Code, and the PhRMA Code. She also regularly drafts and

negotiates agreements required for the development and commercialization of

pharmaceutical and medical device products. Prior to joining the firm, Kyle held in-house

positions at pre-commercial and commercial stage companies.

Pharmaceutical, Medical Device, and Healthcare Compliance and Counseling

Kyle has been counseling clients on health care regulatory and compliance issues for more

than a decade both as an in-house and a private practice attorney. Her practice includes

assisting companies to structure, develop, and implement corporate compliance programs

suitable for pre-commercial stage and commercial stage pharmaceutical and medical device

companies, including drafting core compliance policies and advising on Sunshine Act

reporting obligations. She also works with companies to assess compliance risks associated

with sales and marketing efforts. In this capacity, Kyle counsels clients on False Claims Act,

Civil Monetary Penalties, including beneficiary inducement, and Anti-Kickback Statute issues.

Kyle conducts internal investigations and provides clients with strategic and tactical advice

regarding government investigations. She has also assisted companies operating under

Corporate Integrity Agreements and Deferred Prosecution Agreements and has managed

Independent Review Organizations.

FDA Regulatory

Kyle regularly advises pharmaceutical and medical device clients regarding advertising and

promotion issues, including off-label promotion. She regularly assesses marketing materials

directed toward healthcare providers and direct-to-consumer advertising campaigns for

compliance with the Food, Drug, & Cosmetic Act and FDA Guidance documents. Kyle helps

clients navigate through the new drug and device approval process.

Clinical Research, Clinical Trials, and Life Sciences

Kyle has extensive experience drafting and negotiating agreements with and for

Contract/Clinical Research Organizations and Site Management Organizations. She regularly

drafts and negotiates Clinical Trial Agreements, Informed Consents, and other clinical

development agreement on behalf of pharmaceutical and medical device clients. Additionally,

Kyle has drafted and negotiated a broad swath of operational agreements for her

pharmaceutical and medical device clients, including Contract Manufacturing Agreements,

Distribution Agreements, Master Services Agreements, and Material Transfer Agreements.

Telemedicine, Telehealth, and Digital Health

Kyle advises suppliers, physician practices, consultants and vendors, and a variety of other

health care entities on a range of business, legal and regulatory issues affecting the

telemedicine industry. She handles matters involving contracting fraud and abuse

compliance, Medicare and Medicaid reimbursement, self-disclosures and overpayments, the

Anti-Kickback Statute, physician self-referrals (the Stark Law), health care marketing rules,

HIPAA, corporate compliance programs, contracting, confidentiality and information sharing,

and policies and procedures.

Professional Memberships, Pro Bono, and Community Involvement

Kyle is a member of the American Health Lawyers Association, and her pro bono work

includes advising telemedicine clients regarding state laws impacting physician practices.

Kyle currently serves as the Chair of the Board of Directors of Fenway Health, a Federally

Qualified Community Health Center.

Education

Kyle earned her law degree from the University of Michigan Law School (J.D. 2007), where she

served as executive editor, Michigan Journal of Law Reform; and executive symposium editor,

Michigan Telecommunications and Technology Law Review. She also received the Book

Award, FDA Law (awarded to the top student in the FDA Law class). She holds a certificate in

post-baccalaureate pre-medical studies from Bryn Mawr College (2002), and an A.B. in

physiological psychology, with a minor in neuroscience, from Smith College (1997).

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