Tony Caldwell, Partner at our Phoenix law office
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Tony Caldwell

Partner
Biography

Tony Caldwell helps clients navigate complex issues related to law and technology. His day-to-day practice focuses on corporate, technology and life sciences transactions, and contracting matters, with an emphasis on licensing, manufacturing and supply chain, clinical trials, data use, cybersecurity, and mergers and acquisitions.

Technology Transactions

Tony assists clients from early- and mid-stage startups to public companies with developing, acquiring, monetizing, and protecting rights in their intellectual property and data across a diverse range of highly regulated industries, including apparel, home builders, SaaS, software, mobile apps, pharmaceuticals, diagnostic tests, medical devices, defense, and consulting services. He has significant experience with commercial contracting and supply chain management issues for clients involved in artificial intelligence and machine learning (AI/ML), semiconductors, microchips, electric vehicles, fiber optics, diagnostic instrumentation, batteries, and irrigation systems.

Life Sciences/Medical Devices

Tony advises biotechnology, pharmaceutical, medical device, biomedical data and AI analytics, and diagnostics companies with commercial contracting and clinical matters, and he is a member of the firm’s life science and medical technology industry group. He has a comprehensive understanding of the legal needs of the life sciences industry, including its regulatory framework, risks and opportunities, rapidly changing technologies, and competitive landscape. He has extensive experience negotiating pre-clinical and clinical trial agreements, material transfer agreements, and domestic and international supply chain agreements. He has also represented several life sciences companies in connection with M&A transactions and IPOs.

Healthcare

From business associate agreements to electronic medical records compliance, Tony has extensive experience counseling healthcare providers on business and legal issues. He regularly represents various healthcare organizations, including hospitals, physician groups, pharmacists, chiropractors, surgery centers, assisted living facilities, home health agencies, clinical laboratories, and commercial insurers, as well as digital health and telehealth companies looking to innovate the healthcare industry. Prior to joining Snell & Wilmer, Tony represented one of the nation’s largest nonprofit healthcare systems as deputized in-house technology counsel.

Data Privacy

Tony advises international and U.S. companies with data privacy and healthcare regulatory matters and is a member of the firm’s cybersecurity, data protection, and privacy practice group. He has particular experience assisting clients in cybersecurity preparedness, advising clients on potential risks and creating strategies before a cyberattack occurs, including cyber risk management programs, vendor assessment and management, privacy and information security policies, usage of generative AI tools, workforce training on privacy laws and best practices, and information governance. He has also represented many multinational companies in responding to cyber incidents involving ransomware and cyber extortion attacks resulting in exposure of sensitive information. He routinely assists companies with issues and drafting policies related to the EU GDPR, UK GDPR, CCPA, CPRA, TCPA, COPPA, CAN-SPAM, PIPEDA, HIPAA, and HITECH.

Licensing 

Tony advises businesses on their brand awareness efforts through licensing and corporate sponsorship efforts. Tony has counseled clients regarding name, image and likeness (NIL) issues, affiliate marketing, influencer arrangements, and celebrity advertisement. He has represented his clients in a variety of professional and college sponsorship deals across golf, e-sports, football, and soccer.

Credentials

Bar Admissions

  • Arizona
  • Indiana


Court Admissions

  • Supreme Court of Arizona
  • Supreme Court of Indiana
  • United States District Court, Southern District of Indiana


Education

  • University of Arizona, Rogers College of Law (J.D., cum laude)
    • Transactional Business and Health Law certificates
  • Wabash College (B.A., Biology)
    • NCAA All-American (Honorable Mention) and 2x Academic All-American, Swimming and Diving
Experience

Awards & Recognition

  • The Best Lawyers in America®: Ones to Watch, Health Care Law (2023-2025)

Representative Experience

Life Science and Medical Device

  • Represented publicly traded diagnostic testing company in negotiation of numerous development, manufacturing, and supply chain agreements with international partners to scale COVID-19 testing capacity
  • Represented publicly traded pharmaceutical company with establishing Phase II clinical trial program in India
  • Represented multiple publicly traded pharmaceutical companies with long-term leasing of research equipment
  • Represented international medical technology company with software licensing and SaaS agreements
  • Represented multiple medical diagnostics and pharmaceutical companies with joint development, manufacturing, supply, clinical trial and distribution arrangements in the U.S. and abroad

Mergers and Acquisitions

  • Represented privately held technology company specializing in enterprise software for the alcoholic beverage industry in its sale to a private equity fund
  • Represented gene-editing life sciences company with data and privacy due diligence in connection with IPO
  • Represented privately held technology company specializing in data activation in growth equity investment
  • Represented privately held outdoor apparel company in private equity investment
  • Represented buyer of hardware business specializing in garage doors and locksmithing
  • Represented battery testing laboratory in its sale to strategic buyer
  • Represented cybersecurity managed detection and response (MDR) company in its acquisition of enterprise-level MDR company

Data Privacy

  • Represented international consumer products company in connection with digital advertising complaint from U.S. regulatory authorities
  • Represented multiple privately held technology companies with development of data license agreements
  • Advised multiple public companies in connection with GDPR, CCPA, TCPA, and HIPAA compliance efforts, including drafting website terms of use, privacy policies, data subject access request (DSAR) protocols, and Business Associate Agreements

Healthcare

  • Represented multiple healthcare systems and lab testing companies in connection with COVID-19 testing arrangements with public, private, and tribal entities
  • Represented multiple national nonprofit healthcare systems as lead outside counsel for technology transactions
  • Represented multiple venture-backed healthcare systems in connection with physician group acquisitions
  • Advised multiple healthcare clients on regulatory compliance issues involving Medicare, Medicaid, Stark, Anti-Kickback, EKRA, Sunshine Act, FD&C Act, and the Affordable Care Act

Licensing

  • Represented publicly traded homebuilder in connection with presenting sponsorship of a professional golf tournament
  • Represented an international diagnostic testing manufacturer with multiple sponsorships with a college and professional sports teams
  • Represented online gaming company regarding its sponsorship deal with a major e-sports tournament

Previous Professional Experience

  • Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP, Associate (2018)
  • Hall Render Killian Health & Lyman, PC, Associate (2015-2018)
  • Tech Launch Arizona, University of Arizona Office of Technology Transfer, Student Fellow (2014-2015)
  • Japan Communications, Inc., IP Summer Associate (2014)
  • Nestlé Health Science, Southwest Account Executive (2010-2014)
  • Eli Lilly & Company, Sales Representative (2007-2009)

Professional Memberships and Activities

  • Arizona BioIndustry Association (AZBio)
    • Board Member (2022-Present)
  • American Health Lawyers Association
  • Arizona Society of Healthcare Attorneys
  • State Bar of Arizona
    • Technology Working Group

Community Involvement

  • AZ StRUT
    • Board Member (2020-Present)
  • Arizona Association of Wabash Men
    • Board Member (2018-Present)
  • Indianapolis Association of Wabash Men
    • Board Member (2017-2018)
  • TechPoint Foundation for Youth
    • Governance Committee Member (2015-2018)
  • Southern Arizona Legal Aid
    • Student Attorney (2014-2015)

Representative Presentations and Publications

Client News
Client News
May 22, 2024

Snell & Wilmer Represents Lumifi in Acquisition of Netsurion

Client News
Dec 13, 2023

Snell & Wilmer Represents Waste Consolidators Inc. in Sale to Ally Waste Services LLC

Client News
Oct 13, 2023

Snell & Wilmer Represents Lumifi in Acquisition of Castra

Client News
Aug 03, 2023

Snell & Wilmer Advises Corporate Network Solutions in Acquisition of Affinity Technology