Elizabeth M. Richards

Elizabeth Richards, a partner in the Healthcare & Life Sciences Practice, focuses her practice advising clients on matters involving oversight and regulation by the US Food and Drug Administration (FDA).

Ms. Richards helps clients navigate regulatory, compliance, transactional, and legislative matters involving the FDA. She also counsels clients on matters involving regulation by the Drug Enforcement Administration (DEA). Her practice spans all stages of the product life cycle, including with respect to:

• Pre-market product development and launch strategy
• Clinical trials and pre-clinical testing
• Product submissions
• Product marketing, promotion, and labeling
• Good manufacturing practice
• Agency inspections and recalls
• Enforcement actions

Ms. Richards regularly counsels clients in the food, dietary supplement, pharmaceutical, medical device, digital health, cosmetic, and other life sciences and biotechnology industries on regulatory compliance and enforcement matters. With the enactment of the Farm Bill in 2018, she also represents companies seeking to market CBD products to navigate the evolving legal framework governing the industry.

Ms. Richards frequently drafts and negotiates contracts with clinical trial sites, contract research organizations, contract manufacturers and laboratories, and other vendors on behalf of pharmaceutical and medical device company clients. She also regularly advises on regulatory matters in connection with capital markets, financing, and M&A transactions involving FDA- and DEA-regulated entities.

Ms. Richards regularly  writes and speaks on technical FDA regulatory and enforcement matters, including as part of the Latham Healthcare and Life Sciences Hot Topics video series, the Connected With Latham Health Tech podcast series, and at Food and Drug Law Institute (FDLI)-sponsored events.

She currently serves as a member of the FDLI’s Medical Products Committee and 2023 Digital Health Committee, and has previously served on its Publications and Academic Programs Committee. Ms. Richards is also a member of Latham’s Artificial Intelligence Task Force, bringing together subject matter experts tracking developments in the rapidly evolving digital health space, and she participates in the Medical Device Manufacturers Association’s FDA Working Group. Ms. Richards also previously served as an Advisory Board member of the Children’s Law Center.

Thought Leadership

• “Emerging Trends in the Global Regulation of Digital Health: Fragmented Frameworks Aiming to Catch up with Technological Advancement,” International Comparative Legal Guides: Digital Health 2023 (March 2023)
• “The Reproductive Sector – Fertile Ground for PE Deals,” Latham & Watkins Article (May 2022)
• “Cannabis Rethink Sparks PE Interest,” Latham & Watkins Article (January 2022)
• “Legalization of Products Containing CBD? Not Quite Yet, Says FDA,” Client Alert (May 2019)
• “FDA Announces Planned Changes to the 510(k) Premarket Notification Program,” Client Alert (December 2018)
• “FDA Reauthorization Act Aims to Speed Product Reviews Through User Fee Funding,” Client Alert (August 2017)
• “FDA Issues Draft Guidance on Biosimilar Interchangeability,” Client Alert (January 2017)
• “FDA’s Final Guidance Distinguishes Liquid Dietary Supplements from Beverages,” Client Alert (February 2014)