Michele L. Buenafe
Michele L. Buenafe is leader of the Morgan Lewis FDA and healthcare practice, leader of the firm’s digital health team, and co-leader for the firm’s life sciences industry team. Michele counsels medical device and digital health clients on a wide range of regulatory, compliance, and enforcement issues concerning US Food and Drug Administration (FDA) requirements, the federal Clinical Laboratory Improvement Amendments (CLIA), and corresponding state laws and regulations. Michele also has extensive experience advising companies on post-market compliance matters across FDA-regulated product areas, including human tissues, biologics, foods, and drugs. In addition, she counsels clients on US Drug Enforcement Administration (DEA) and state requirements governing controlled substances and listed chemicals.
Michele works with a variety of medtech companies—from large, multinational medical device and technology companies to small startups, clinical laboratories, and software developers—on a broad range of issues across the product lifecycle, including premarket pathway strategies, clinical study compliance, digital health and software regulatory issues, FDA premarket submissions and review, quality management system regulation (QMSR) compliance, establishment registration and listing, medical device reporting, product recalls, facility inspections, and import alerts. She also advises on the intersection of FDA requirements with CLIA and state laboratory, device, and other regulatory requirements.
A significant focus of Michele’s practice is post-market compliance across FDA-regulated product areas. She supports a wide variety of clients, including testing and research laboratories; manufacturers and contract manufacturers; distributors, dispensers, and retailers; suppliers of components, parts, and raw materials; and sterilization facilities. Michele advises clients on the full spectrum of compliance issues, including recalls and related field actions, FDA inspections, FDA 483s and Warning Letters, current good manufacturing practice (cGMP) and QMSR issues, quality investigations, and other internal investigations. Clients also consult with Michele for support on high-stakes FDA enforcement actions, recalls, and other crisis management.
Michele has substantial experience with the federal Controlled Substances Act, DEA regulations, and related state requirements. She advises a variety of clients on issues including DEA registration, state licensing, security, recordkeeping, theft/significant loss investigations, reporting, distribution, and other regulatory and compliance requirements.
Michele is a frequent speaker at medical device and digital health industry conferences and has participated in the Food and Drug Law Institute/FDA In-House Training Program.
Prior to joining Morgan Lewis, she worked at a consulting group, where she assisted on matters involving pharmaceutical cGMP compliance. Michele has a degree in chemical engineering.
- Served as lead counsel in negotiating a complex consent decree on behalf of Philips Respironics and certain of its corporate affiliates with the FDA and the US Department of Justice
- Served as lead counsel for a medical device client in responding to a Section 518(a) order issued by FDA (related to recall notifications) and negotiating with FDA on the proposed issuance of a Section 518(b) Order (related to a plan for device repair/replace/refund activities)
- Assisted multiple clients across product areas in responding to FDA, DEA, and state enforcement correspondence, including FDA 483s, Warning Letters, “it has come to our attention” letters, untitled letters, and state board inquiries
- Advised on premarket regulatory strategies related to various types of medical devices and digital health technologies and provided support for submissions, including 510(k)s, de novo applications, Q-subs, investigational device exemption and Institutional Review Board submissions, and breakthrough device designation requests
- Advised companies on the development and use of new and innovative technologies, including artificial intelligence/machine learning (AI/ML) software, 3D printing technologies, digital therapeutics, and virtual reality/augmented reality devices
- Supported internal audits and investigations and served as outside auditor for various FDA and DEA compliance matters
- Advised multiple clients on the applicability of the 21st Century Cures Act software exemptions and various FDA enforcement discretion policies (e.g., General Wellness, Mobile Medical Apps) for clinical decision support software, AI/ML software, mobile apps, software as a service, telehealth/virtual health platforms, and other digital health offerings
- Provided support and guidance for investigations related to complaints, adverse events, and device malfunctions; assessing FDA reporting obligations; health hazard evaluations and recall determinations; and recall execution and reporting
- Provided regulatory support for mergers and acquisitions transactions involving FDA- and DEA-regulated products, including conducting regulatory due diligence and drafting and negotiating compliance representations, indemnification provisions, and structured payments for achieving regulatory milestones
- Drafted and negotiated agreements for all levels of the life sciences supply chain, including manufacturing, quality, distribution, purchase and supply, and clinical trial agreements
- Served as the FDA subject matter expert supporting various medical device litigation matters, including the federal multidistrict litigation In re: Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Liability Litigation
- Assisted multiple companies in evaluating their operations and procedures for compliance with the DEA laws and regulations and the corresponding state requirements related to controlled substances and prescription products
- Assisted multiple clients on regulatory strategy and compliance issues related to the development and use of laboratory developed tests for various applications, including use in clinical trials, for genetic/genomic testing, and in general wellness applications
- Advised multiple device manufacturers on the review of promotional materials and served as a member of the promotional review committees
- In response to the COVID-19 pandemic, assisted companies (traditional medical device manufacturers and new market entrants) with navigating FDA enforcement policies and the emergency use authorization process to quickly bring products to market
- The George Washington University Law School, 2005, J.D., High Honors
- University of Arizona, 1999, B.S.
- District of Columbia
- Maryland
Ranked, Healthcare: Pharmaceutical/Medical Products Regulatory, District of Columbia, Chambers USA (2022–2026)
Leading Partner, Healthcare: Life Sciences, The Legal 500 US (2025, 2026)
Next Generation Partner, Industry Focus: Healthcare: life sciences, The Legal 500 US (2019–2024)
Recommended, Healthcare: Service Providers, The Legal 500 US (2024–2026)
Recommended, Healthcare: Life Sciences, The Legal 500 US (2017–2020, 2025, 2026)
Listed, The Best Lawyers in America, FDA Law, Washington, DC (2022–2027)
Named, Modern Healthcare’s “Largest Healthcare Firm” (2016–2021, 2023)
Life Sciences Star, FDA: Medical Device, LMG Life Sciences Awards Americas (2023–2025)
Life Sciences Star, Regulatory, LMG Life Sciences (2016–2022)
Leadership Council on Legal Diversity Fellow (2020)
DC Rising Star, The National Law Journal (2017)
Member, Women’s Leadership Council for the American Health Lawyers Association (2017–2020)
Member, Food & Drug Law Institute Medical Devices Committee, (2013–2016)
Member, Food & Drug Law Institute Editorial Advisory Board, Update magazine (2010–2012)