Can human reproductive tissue (“HRT”) held by a fertility clinic serve as collateral for a loan to (or investment in) the fertility clinic? In short, the scope and extent of governmental regulation addressing the sale of or transfer of ownership interests in HRT held by a fertility clinic varies from state to state; however, most state laws would likely prohibit the sale of HRT except in very specified cases. As an extension of this concept, most state laws would also prohibit taking a security interest in the HRT, as would ethical and religious-based concerns triggered by the concept of third-party ownership interests in another person’s HRT. Read the alert here.
FemTech – A Market on the Rise
2021 was a banner year for the women’s health and wellness industry as global venture capital investment in FemTech companies surpassed $1B for the first time. This was attributable to a number of high value deals in the sector, including Elvie’s $97M Series C fundraise and Maven’s $110M Series D fundraise, which resulted in Maven becoming the first FemTech unicorn.
This trend towards increasingly high profile deals is continuing into 2022, as Kindbody’s acquisition of Vios Fertility Institute in January brought the company’s valuation to $1.15B, making it the second FemTech company to reach unicorn status in less than a year. As current projections indicate that the global FemTech market is estimated to grow at a compound annual growth rate (CAGR) of 12.2%, this article considers some of the key areas for advancement in the sector, as well as possible challenges to that progress.
Read the full article, originally published in Maddyness, by Life Sciences partner Sophie McGrath and associate Kesten Laverty.