David Peloquin

Associate

david-peloquin
  • JD, Yale Law School, 2011; online editor, Yale Law Journal ; managing editor, Yale Journal on Regulation
  • BA (Economics), summa cum laude, Carleton College, 2006; Phi Beta Kappa

Qualifications

  • Massachusetts, 2011
  • New York, 2012
  • Honorable Diana E. Murphy, U.S. Court of Appeals for the Eighth Circuit
  • Community Member, Brigham & Women’s Hospital Institutional Review Board, Boston, MA

David Peloquin

Associate

David Peloquin is a member of the firm’s health care group. He focuses his practice on advising academic medical centers, life sciences companies, and information technology companies on issues related to human subjects and animal research, data privacy, and Medicare/Medicaid and other third-party payor reimbursement issues. He frequently writes and speaks on topics related to each of these areas. In addition to his advisory practice, David regularly works with members of the firm’s private equity group in conducting regulatory diligence of private equity investments in the clinical research space. He also collaborates with members of the firm’s litigation practice on government investigations involving the clinical research enterprise. Prior to attending law school, David worked as a project manager for a leading supplier of electronic medical records.

Experience

  • Counsel numerous U.S.-based academic medical centers, universities, and life sciences companies on the application of the European Union’s General Data Protection Regulation (GDPR) to their research and health care operations. 
  • Counsel multiple leading pediatric hospitals on matters related to “big data research collaborations” and design of biobanking research protocols and consent forms with respect to compliance with state and federal research regulations and data privacy laws.
  • Served as regulatory counsel to a diagnostics company in its initial public offering.
  • Counsel numerous nonprofit and for-profit clinical laboratories on issues related to licensure, data privacy, and compliance with human subjects research regulations.  
  • Counsel life sciences companies, information technology companies, and academic medical centers on issues arising with the enrollment of a company or institution’s own employees in research studies.
  • Conduct regulatory diligence for numerous private equity clients regarding their planned investments in companies that participate in the clinical research enterprise, including contract research organizations, pharmaceutical companies, institutional review boards, and clinical trial support software.
  • Led multiple internal investigations at a leading pharmaceutical company regarding allegations of misconduct in the research setting, including allegations of inappropriate patient care at a pharmaceutical company’s wholly-owned clinical trials unit.
  • Advise clients regarding federal and state law restrictions on the use of fetal tissue in research.
  • Advised a university client in connection with a government investigation of its Select Agents research program.
  • Assist multiple academic and commercial clients in developing consent processes, privacy policies, and terms of use for mobile applications used in research studies. Provided a presentation in July 2019 to the U.S. Department of Health and Human Services Secretary’s Advisory Committee on Human Research Protections regarding issues of regulatory interpretation arising with respect to terms of use and privacy policies for mobile applications used in research studies.
  • Advised a university client regarding requirements for tissue donation consent forms under various state laws.
  • Assisted multiple clients in updating business associate agreements and research consent forms to comply with changes to HIPAA.
  • Assisted multiple clinical trial sponsors and sites in drafting informed consent forms and reviewing subject recruitment processes.
  • Analyzed for a major medical device company the pathway to seek reimbursement for its products in France, Germany and the United Kingdom.
  • Assisted multiple health care providers in preparing and submitting self-disclosures of overpayments to the Centers for Medicare and Medicaid Services, Medicare Administrative Contractors, and the New York Office of the Medicaid Inspector General.
  • Counseled hospital and clinical laboratory clients regarding the Medicare and New York Medicaid compliance implications of proposed billing practices.
  • Assisted a clinical laboratory client in identifying possible fraud and abuse violations and drafting internal policies related to fraud and abuse compliance.

Publications

Presentations

  • Research, Development and Regulatory Roundtable (R3) of the Multi-Regional Clinical Trials Center of Brigham & Women’s Hospital and Harvard (MRCT), presentation entitled “Legal and Ethical Issues in the Enrollment of a Company or Institution’s Own Employees and Students in Research Studies,” Boston, MA (August 1, 2019) 
  • U.S. Department of Health & Human Services, Secretary’s Advisory Committee for Human Research Protections, Full Committee Meeting, presentation entitled “The Intersection of End User License Agreements and Terms of Service with Informed Consent,” The National Institutes of Health, Bethesda, MD (July 30, 2019)
  • Speaker, “Clinical Trials and Human Research: Complying With New Regulatory Obligations," Strafford Webinar (July 18, 2019) 
  • Trial Scope, TrialBlazers Executive Forum, presentation entitled “One Year On: GDPR and its Implications for Data Disclosures and Data Sharing,” New York, NY (June 17, 2019)
  • U.S. Department of Health & Human Services, Secretary’s Advisory Committee for Human Research Protections, Joint Subpart A Subcommittee and Subcommittee on Harmonization Meeting, presentation entitled “The Intersection of End User License Agreements and Terms of Service with Informed Consent,” Rockville, MD (June 6, 2019)
  • New York State Bar Association, Committee on Medical Research and Biotechnology, presentation entitled “General Data Protection Regulation: Impact on Research Conducted by U.S. Entities,” New York, NY (June 5, 2019)
  • Association of American Medical Colleges, Compliance Officers Forum, “Impact of the European Union’s General Data Protection Regulation on U.S. Academic Medical Centers,” Washington, DC (June 5, 2019) 
  • North Carolina Healthcare Information and Communications Alliance AMC Security & Privacy Conference, presentation entitled “Impact of the European Union’s General Data Protection Regulation on U.S. Academic Medical Centers and Other Healthcare Facilities,” Durham, NC (June 4, 2019)
  • Association for the Accreditation of Human Research Protection Programs, presentation entitled “General Data Protection Regulation: Impact on Research Conducted by U.S. Entities,” New Orleans, LA (May 22, 2019)
  • The Petrie-Flom Center at Harvard Law School, Consuming Genetics Pre-Conference, presentation entitled “State of the Current Regulatory Framework,” American Academy of Arts and Sciences, Cambridge, MA (May 16, 2019)
  • MAGI East Conference, presentation entitled “Recent Developments in Data Privacy and Security,” Boston, MA (May 7, 2019)
  • Stanford Law School, The Future of Healthcare Symposium, panelist on “Emerging Issues in AI and Healthcare,” Palo Alto, CA (April 27, 2019) 
  • Harvard Catalyst Regulatory Foundations, Ethics and Law Meeting, presentation entitled “General Data Protection Regulation: Impact on Research Conducted by U.S. Entities,” Boston, MA (April 17, 2019)
  • Northeastern University Law School, 2019 Annual Health Law Conference, panelist on “Artificial Intelligence,” Boston, MA (April 12, 2019)
  • The Harvard-MIT CRS Regulatory Science Symposium, presentation entitled “Legal and Ethical Challenges in International Clinical Trials,” Cambridge, MA (April 2, 2019)
  • Speaker, “The EU GDPR: Implications for Researchers,” MAGI/CenterWatch Webinar (April 1, 2019)
  • National Council of University Research Administrators, presentation entitled “The EU GDPR: Implications for Research at U.S. Universities,” Las Vegas, NV (March 11, 2019)
  • Research, Development and Regulatory Roundtable (R3) of the Multi-Regional Clinical Trials Center of Brigham & Women’s Hospital and Harvard (MRCT), presentation entitled “Secondary Uses of Health Care Data for Clinical Trial Recruitment: Legal and Regulatory Ambiguities + GDPR Update,” Washington, DC (March 7, 2019) 
  • Speaker, “Informed Consent & Data Sharing,” Vivli Webinar (February 14, 2019) 
  • American Health Lawyers Association (AHLA) AMCs and Teaching Hospitals Conference, presentation entitled “Application of the European Union’s General Data Protection Regulation to Research Conducted at U.S. Academic Medical Centers,” Alexandria, VA (January 2019)
  • Speaker, “Current Issues in Technology Transfer,” Ropes & Gray Roundtable (November 2, 2018) 
  • Virginia Institutional Review Board Consortium, Annual Conference, presentation entitled “Big Data and Confidentiality,” Charlottesville, VA (October 2018) 
  • Association for the Accreditation of Human Research Protection Programs, Annual Conference, Presentation on Big Data & Confidentiality, Denver, CO (April 2018) 
  • Panelist, “The Importance of Data in Value-based Health Care,” Will Value-based Care Save the Health Care System? Conference at Harvard Law School Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics (March 2, 2018) 
  • Speaker, “Clinical Trials and Human Research: Complying With New Regulatory Obligations,” Strafford Webinar (January 17, 2018) 
  • Ropes & Gray Roundtable Discussion, “Complying With the EU GDPR Requirements in Clinical Trials” (December 2017)
  • Ropes & Gray Teleconference, “The EU GDPR: Implications for U.S. Academic Medical Centers Treating EU Patients and Conducting Other Activities in the EU” (November 2017)
  • Children’s Hospital Pediatric Research Alliance Conference, Presentation on Legal and Practical Considerations in the Sharing of Data and Biological Specimens for Research, Boston, MA (October 2017)
  • National Academies of Sciences, Engineering and Medicine, Panelist for Presentation on Laws and Regulations Governing the Return of Results to the Consensus Committee on the Return of Individual-Specific Research Results Generated in Research Laboratories, Washington, DC (September 2017)
  • International Association of Privacy Professionals, KnowledgeNet Presentation on Privacy and Research, Cambridge, MA (September 2017)
  • DIA, Clinical Trial Disclosure and Transparency Conference, Panelist for Discussion on Preparing for Results Submission Under the ClinicalTrials.gov Final Rule and Other Global Requirements, Rockville, MD (September 2017)
  • MAGI East Conference, “Recent Developments in Data Privacy and Security,” Philadelphia, PA (May 2017)
  • International Society for Biological and Environmental Repositories (ISBER), Annual Meeting, “Legal, Ethical and Structural Considerations in Biobanking Involving Academic and Commercial Entities,” Toronto, Canada (May 2017)
  • University of Connecticut, Annual Combined IRB Panel Meeting, talk entitled “Recent Developments in the Laws and Regulations Governing Human Subjects Research,” Farmington, CT (May 2017)
  • Jackson Heart Study, Workshop on Return of Results, University of Mississippi Medical Center, “Considerations for Institutional Review Boards,” Jackson, MS (April 2017)
  • Strafford Webinar:  “Complying With Final Rule Revising the Common Rule for Clinical Trials and Human Research” (February 2017)
  • Strafford Publications, webinar entitled “Clinical Trials and Human Research: Complying with New Regulatory Obligations” (January 2017)
  • Children’s Hospitals Pediatric Research Alliance Conference, presentation entitled “Consortium Collaborations: Contractual Considerations,” Philadelphia, PA (November 2016)
  • MAGI West Conference, presentation entitled “Recent Developments in Research Subject Data Privacy,” Las Vegas, NV (October 2016)
  • Biorepositories & Sample Management Conference, presentation entitled “Impact of Changes in European Union Data Privacy Law on Biorepositories,” Boston, MA (October 2016)
  • American Health Lawyers Association, Academic Medical Center & Teaching Hospitals Conference, presentation entitled “Hot Topics in Genomics Care and Research,” Washington, DC (March 2016)
  • Petrie-Flom Center, Harvard University, Specimen Science Conference, presentation entitled “Legal and Regulatory Issues in Biospecimen Research: National and International Perspectives,” Cambridge, MA (November 2015)
  • American Society for Bioethics and Humanities, Annual Meeting, presentation entitled “Engaged in the Conduct of Research? How to Keep the Government from Finding Violations and What to do When They Do,” Houston, TX (October 2015) 
  • JD, Yale Law School, 2011; online editor, Yale Law Journal ; managing editor, Yale Journal on Regulation
  • BA (Economics), summa cum laude, Carleton College, 2006; Phi Beta Kappa
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