Healthcare

Our group delivers a broad range of services to the healthcare industry, including academic and other hospital systems, medical and dental group practices, skilled nursing facilities, assisted living facilities, surgical centers, laboratories, pharmaceutical manufacturers and distributors, group purchasing organizations, pharmacies, and individual medical and dental practitioners. When companies in the healthcare space experience distress, we may represent creditors, creditors’ committees, purchasers or sellers of assets. We handle matters ranging from complex litigation, including fast-paced injunctions and internal and external investigations, to major transactions and day-to-day employment (and other) advice.

Our experience and capabilities include the following areas:

Litigation and Investigations:

• Representation of a large, multi-state, non-profit hospital system in multiple litigation matters involving restrictive covenants and other employment disputes.
• Representation of a medical specialty practice group in unfair competition, trade secret and breach of contract matters against one of the largest healthcare networks.
• Representation and obtaining the complete acquittal of a dental practitioner in a criminal tax fraud jury trial involving more than $1 million in unreported earnings and alleged improper deductions.
• Representation of a pharmaceutical company in litigation matters involving misappropriation of trade secrets, breach of contract and employment disputes.
• Representation of a healthcare service provider in litigation brought by a buyer in a matter involving breaches of representations and warranties contained in a purchase agreement and obtaining a verdict in favor of client at trial.
• Representation of nutraceutical and dietary supplement manufacturers and distributors in Federal Trade Commission and intellectual property matters as well as commercial litigation disputes.
• Representation of a major pharmaceutical distributor in credit and collection matters, bankruptcies and related litigation.
• Representation of creditors’ committee of a pharmaceutical manufacturer in Chapter 11 filed in Delaware.
• Representation of a creditors’ committee of a hospital that filed a Chapter 11.
• Representation of a pharmaceutical manufacturer relating to joint civil/criminal investigations out of the U.S. Attorney’s Office for the Eastern District of Pennsylvania.
• Representation of a NJ-based hospital network in joint civil/criminal investigations out of the U.S. Attorney’s Office for the District of New Jersey – in coordination with DOJ’s Criminal Fraud Unit (Healthcare Fraud Strike Force) – related to the hospital’s acquisition of medical practices and related billing issues.
• Defended a medical practice under federal investigation for civil and/or criminal violations of various rules and regulations, including the False Claims Act, the Stark Laws, and the Anti-Kickback Statute.
• Representation of a medical device manufacturer involved in a criminal fraud matter arising out of the U.S. Attorney’s Office for the Southern District of Florida related to product pricing.
• Representation of the parent entity of a PA-based hospital network in investigations run by the Federal Trade Commission and the Pennsylvania Attorney General’s Office relating to merger/antitrust issues.
• Defended employees of a regional medical practice under investigation by the U.S. Department of Justice’s criminal division.
• Defended a PA-based healthcare network under investigation by the Pennsylvania Attorney General’s Office for civil and/or criminal violations of state rules and regulations governing certain procedures and practices.
• Representation of a regional electronic health records company involved in multiple investigations led by various state Attorneys General, including New Mexico and Minnesota.

Transactions:

• Representation of hospital and healthcare systems in the sales of hospitals.
• Representation of buyers and operators in the acquisition of nursing homes and senior living facilities.
• Representation of developers of senior living facilities.
• Representation of purchasers and sellers of medical practices.
• Representation of hospital systems, biotech companies, care facilities and developers in real estate matters, including construction and leasing.
• Representation of the manufacturer of modular construction solutions for the healthcare industry.
• Representation of an innovator in the healthcare market in the development of a specialized capital market to ensure financial liquidity – for healthcare therapies that are too complex and expensive for existing healthcare markets to deliver – and to provide an evergreen funding source for the best and brightest translational research.