Thompson Coburn partner Milada Goturi recently co-authored an article for the American Health Law Association (AHLA) examining the legal and regulatory risks associated with physician consulting arrangements involving life sciences companies, including key opinion leader, advisory board, and speaker program engagements.
Milada and her co-authors outline the federal laws that govern these relationships, discuss recent enforcement trends, and provide practical strategies for structuring arrangements to withstand government scrutiny.
“Given the legal requirements, OIG’s views, and enforcement trends, the overarching principle is clear: consulting arrangements with physicians positioned to refer or influence the use of products offered by life sciences companies present a high risk of drawing fraud and abuse scrutiny,” they wrote.
The authors recommend that companies establish a documented business need for physician consultants, use fair market value compensation methodologies, apply objective selection criteria, and maintain robust documentation and compliance programs. As regulatory enforcement becomes increasingly driven by data analytics and whistleblower complaints, they note that thoughtful compliance infrastructure is both a best practice and an important defensive strategy.
Read the full AHLA article here.
Copyright 2026, American Health Law Association, Washington, DC. Reprint permission granted.
