Chris Schott primarily advises on price reporting and other compliance obligations related to the Medicaid, Medicare, and 340B drug pricing programs, with a focus on market access. He combines extensive regulatory insight with deep industry knowledge to support pharmaceutical clients at all stages of the product life cycle. Market entrants and investors also seek Chris’s advice when evaluating potential opportunities and strategies.
The drug pricing policy landscape is ever evolving. For example, the Inflation Reduction Act is significantly impacting the pharmaceutical industry, and clients turn to Chris to put these developments into perspective and provide strategic advice. This includes assisting with compliance efforts, but also with challenges to government overreach, whether in court or through other avenues.
Chris assists clients through policy advocacy, such as by evaluating legislative and policy proposals, drafting white papers, and meeting with stakeholders. Chris also helps pharmaceutical manufacturers proactively engage with federal regulators through in-person advocacy and comment drafting. Additionally, he frequently advises drug manufacturers seeking guidance from regulators regarding specific issues or commercial proposals.
Methodologies and reasonable assumptions that support the periodic certification and submission of price reporting metrics are at the heart of compliance with the federal programs, and Chris frequently advises clients in connection with reporting Average Manufacturer Price and Best Price under the Medicaid Drug Rebate Program, Average Sales Price under Medicare Part B, and the 340B ceiling price. The definitions of the price types and how the federal programs use the data are relevant to many different facets of the pharmaceutical business, which is why Chris bases his counsel on a full consideration of each client’s product portfolio, distribution model, and strategic goals.
Chris draws on his regulatory knowledge and understanding of the pharmaceutical industry to support a range of corporate transactions, including acquisitions and divestitures, as well as licensing and co-promotion arrangements. He regularly helps clients to evaluate the impact of price reporting requirements on proposed mergers and acquisitions, as well as to navigate due diligence matters and the post-closing transition of regulatory responsibilities.
Experience
Chris routinely counsels clients on a wide variety of matters where price reporting obligations and market access considerations are relevant, including, among others:
Focus on evolving policies and legal standards - Policies and legal standards related to drug pricing are changing at an accelerating pace, with the ongoing implementation of the Inflation Reduction Act significantly affecting the pharmaceutical industry. Chris helps clients to stay abreast of these developments and to formulate strategic approaches in light of new legal standards.
Fighting government overreach in court - Chris is part of Latham’s integrated regulatory/litigation team that routinely supports clients in challenging government overreach. For example, Chris represents Novartis in its legal challenge of the Inflation Reduction Act, United Therapeutics in defending its 340B contract pharmacy policy, PhRMA in challenging state statutes purporting to expand the 340B program, PharmaEssentia in challenging Part D phase-in determinations, and Sandoz in connection with drug category issues.
Food and Drug Administration (FDA) considerations - Seeking approval under a new application or via a supplement, as well as the assignment of National Drug Codes, can have significant price reporting (and other downstream) impacts, which is why Chris works closely with Latham’s regulatory team to advise clients during the early stages of product development.
Drug launch planning - Chris supports manufacturers during all stages of launch planning, such as by assessing pricing and discounting strategies in light of price reporting obligations and the Inflation Reduction Act, or evaluating whether to participate in the federal programs in the first instance.
Commercialization and contracting strategies - Commercial distribution agreements and innovative contracting strategies, like value-based or outcomes-based pricing, are highly relevant for the price reporting metrics and in light of market access objectives. Chris helps clients evaluate and structure these arrangements in light of price reporting considerations. He also counsels clients on the implementation of the bundled sale definition and bona fide service fee determinations.
Government inquiries and enforcement - Chris frequently helps clients respond to inquiries from CMS and other regulators, and he works closely with Latham’s White Collar Defense & Investigations Practice to support clients facing government investigations.
Qualifications
Bar Qualification
District of Columbia
Maryland
Education
JD, George Washington University Law School, 2005 with high honors
Latham lawyers honored for securing the dismissal of a securities fraud complaint brought against Funko and its former CEO and CFO, and for a win at the D.C. Circuit for United Therapeutics.
The Latham drug pricing and market access team invites you to read this digest of recent developments on healthcare reform, the Medicaid Drug Rebate Program, the 340B Program, Medicare, and state law.
The Department of Government Efficiency, Trump executive orders, and a recent Office of Management and Budget memorandum are making drastic changes at FDA. The Latham team discusses the potential impacts on FDA approval and enforcement activities, including with respect to novel tobacco and nicotine products.
Notice: We appreciate your interest in Latham & Watkins. If your inquiry relates to a legal matter and you are not already a current client of the firm, please do not transmit any confidential information to us. Before taking on a representation, we must determine whether we are in a position to assist you and agree on the terms and conditions of engagement with you. Until we have completed such steps, we will not be deemed to have a lawyer-client relationship with you, and will have no duty to keep confidential the information we receive from you. Thank you for your understanding.