David Darden

Practice Areas

Healthcare

Technology

Administrative Litigation

Appellate Litigation

Healthcare Litigation

Healthcare Regulatory, Reimbursement & Compliance

Intellectual Property

Intellectual Property & Restrictive Covenants

Privacy & Data Security

Technology Services

Career

David Darden is a client-oriented attorney with two primary areas of emphasis: advocating for healthcare providers in the regulatory process and advising both healthcare and other clients during technology contract negotiations. David’s extensive historical litigation experience helps him provide his clients with a uniquely valuable perspective in these processes.

On the healthcare side, David's practice centers on representing hospitals and other providers in Georgia's certificate of need program. He also helps such clients with reimbursement disputes, Medicaid eligibility appeals, state licensure, and various other disputes arising in the context of healthcare.

David's technology contract practice evolved out of years of litigation experience dealing with ill-considered agreements between clients and their technology vendors. He regularly advises clients when negotiating software licenses and SaaS agreements, source code escrow, and other critical technology contracts.

David is passionate about seeing his clients succeed and achieve their goals. His work is centered around being a strategic advocate for his clients: aggressively representing healthcare entities in regulatory issues and disputes, and negotiating technology deals that protect his clients and best position them for success.

Professional Memberships

State Bar of Georgia (Member, 2016 Electronically Stored Information Discovery Task Force)

Participant, Meritas Leadership Institute (2010-2011)

Publications

Co-presenter, “Artificial Intelligence - Fundamentals and Legal Updates for Healthcare Human Resource Experts (Managing Your New Most Challenging Worker),” Georgia Hospital Association’s Georgia Society for Healthcare Human Resources Administration (GSHHRA) Annual Conference (March 11, 2026)

Co-Presenter, "Artificial Intelligence in Healthcare - Use Cases and Cautions," Georgia Hospital Association 2024 Georgia Academy of Healthcare Attorneys (GAHA) Annual Meeting and Health Law Update (May 10, 2024)

Featured, "Judgment Vacated: Hospital's Certificate of Need Conveyed Private Right," Daily Report (February 8, 2024)

Featured, "An Old Letter Raises Legal Question of Public or Private Right," Daily Report (September 1, 2023)

Presenter, "Chatting about ChatGPT: Navigating the Legal Implications of Using Current Generation AI In Your Business," Association of Corporate Counsel/Pro Bono Partnership of Atlanta CLE Challenge (August 16, 2023)

Presenter, "Georgia Certificate of Need Law Update," Georgia Hospital Association Georgia Academy of Healthcare Attorneys (GAHA) Annual Meeting and Health Law Update (May 20, 2022)

Presenter, "How Artificial Intelligence (AI) is Transforming Health Care and the Legal Ramifications," ALHA Physicians and Hospitals Law Institute (February 2019)

Panelist, "New Year/New Challenges: Hot Topics for In-House Counsel in 2019," Association of Corporate Counsel Monthly Luncheon (January 2019)

Author, "Ten Tips for Negotiating Software Licenses and Service Agreements," Parker Hudson Client Alert (January 28, 2019)

Author, "Jury Verdict for Software Vendor Demonstrates Importance of Negotiating SaaS Agreements," Parker Hudson Client Alert (August 2, 2018)

Experience

Negotiate SaaS agreement for cloud-based servicing of all consumer loans.

Assist in strategic rethinking of entire IT system, vendor replacements, e-commerce portals, franchise support systems.

Negotiate SaaS agreements regarding payment processing, logistics, package tracking.

Negotiate SaaS agreement and source code escrow to ensure redundancy and survivability of critical logistics functionality.

Analyze health provider's existing rights vis-à-vis critical supplier of customized SaaS, consulting, and processing services and advise client as to strategic re-alignment to gain greater control of critical IP.

Advise health provider in dispute with EMR vendor regarding patient data "held hostage" over payment and termination dispute.

Negotiate EMR, patient portal, and patient feedback technology agreements.

Education