Experience

$95 Million Sale of Health Care Financing Company

Counsel to seller for the sale of health care financing company with an enterprise value of approximately $95 million. Sale was to a private-equity backed purchaser and involved a post-closing transition period for state licensing issues.

Structured Multimillion-Dollar, Multi-Year Sponsored Research Program and Joint Venture for Health Care Client

Structured a multimillion-dollar, multi-year sponsored research program and related joint venture between a health care client and a leading research university. Structured budgeting and oversight mechanisms for research funding; structured LLC joint venture (JV) entity and related governance matters; completed licensing agreements and conducted analysis related to JV intellectual property ownership; all enabling future commercialization of intellectual property developed from funded research.

Secured Motion to Dismiss for Hospital in Protected Health Information, Termination Case

Prevailed on a contested motion to dismiss in favor of hospital client. Plaintiff alleged employment termination in part, due to our client’s allegedly inappropriate and unauthorized disclosure of protected health information. Plaintiff asserted a claim alleging breach of fiduciary duty of confidentiality, seeking both economic losses and punitive damages. Relying in part on HIPAA regulations, we filed a motion to dismiss and a motion to strike the punitive damages claims, and after oral argument, the judge granted the motion.

$300 Million Medical Device Industry Acquisition

Represented a public company in the medical device industry acquired in a $300 million transaction.

Delaware Counsel in Specialty Pharma Company Bankruptcy

Delaware counsel to the Official Committee of Unsecured Creditors in the bankruptcy cases for a specialty pharmaceutical company.

Led Governor-Ordered 35-Day Investigation of Missouri Veterans Homes After COVID-19 Outbreak

Selected to conduct a rapid, independent, external review of seven Missouri Veterans Homes – as ordered by Gov. Michael Parson – to assess their performance and identify what steps, if any, should be taken to improve their management and prevention of COVID-19. Led a 35-day investigation that considered all relevant information, including interviewing 174 individuals including Missouri Veterans Commission (MVC) staff, Veterans, Veterans’ families and Missouri government officials; implementing a hotline staffed by attorneys for Veterans’ families to voice concerns; reviewing and analyzing hundreds of documents; directing a management and consulting organization serving clients in the long-term care and post-acute care industry, to conduct on-site audits of all seven Homes, following all necessary safety protocols; and issuing early recommendations to the MVC. Compiled and delivered a 53-page summary report and a comprehensive 415-page report, including recommended corrective actions, to state officials.

Advised U.K. Pharma Company in Defamatory Reporting Case

Advised a U.K. pharmaceutical company concerning defamatory reporting in the media about one of its key products.

Advised Overseas Pharma Company in Defense of High Court Proceedings

Advised a leading overseas pharma company in its defense of significant High Court proceedings.

Selected to Assist OIG DHS as Directed by IL Governor in Investigation of Veterans' Home

Selected to assist the Office of the Inspector General for the Department of Human Services (OIG DHS), as directed by Illinois Gov. J.B. Pritzker, in conducting an investigation into the Fall 2020 COVID-19 outbreak at the LaSalle Veterans’ Home in LaSalle, Illinois, and in preparing a summary report. To ensure the investigation considered all relevant information, the investigative team spoke with Home personnel, including management and front line staff. In addition, the investigative team interviewed officials with the Illinois Department of Veterans' Affairs, the Illinois Department of Public Health, and the U.S. Department of Veterans Affairs, and reviewed hundreds of documents.

Defense Verdict for Health Care Provider in Deliberate Indifference Case

Secured a defense verdict on behalf of a nurse in a Section 1983 deliberate indifference case in the U.S. District Court for the Southern District of Illinois. Plaintiff alleged that he was not provided with appropriate nursing care and it was claimed that the alleged deliberate indifference resulted in injuries and damages.

Defense Verdict for Hospital Client in Alleged Premises Liability and Construction Defect Case

Secured a defense verdict on behalf of a hospital client in a premises/construction case in St. Louis County, Missouri. The plaintiff alleged falling along a newly constructed delivery drop-off lane and claimed it was defective, which caused her to fall. Successfully argued that the delivery drop-off lane was reasonably safe as constructed and the plaintiff’s fall was an accident due to her failure to keep a careful lookout.

Defense Verdict for Hospital Client in Alleged Premises Liability Case

Secured a defense verdict on behalf of a hospital client in a premises liability case in Virginia (City of Suffolk). The plaintiff alleged that health care staff did not timely tend to or otherwise notify staff about a hazardous condition on the floor that allegedly resulted in a slip and fall leading to injuries. Successfully argued that hospital and health care staff were unaware of any hazardous condition and that alternatively, plaintiff and her close relatives were responsible for creating the hazardous condition themselves.

Defense Verdict for Health Care Provider in Medical Malpractice Case

Served as counsel to the defendant in a matter in which the plaintiff sued an oral and maxillofacial surgeon in a case in Virginia (Virginia Beach) that involved the extraction of two wisdom teeth. Plaintiff alleged that defendant (i) failed to appropriately prescribe antibiotics both pre- and post-operatively, (ii) failed to detect the signs of an infection during his treatment, (iii) failed to timely order a CT or MRI scan or make an infectious disease referral to rule out an infection, and (iv) inappropriately administered a local steroid injection into a potential area of infection. Plaintiff was subsequently diagnosed with deep soft tissue cellulitis that later developed into necrotizing fasciitis. Plaintiff was admitted to a hospital for one month during which time approximately 15 surgical incisions and drainages were performed to debride the necrotizing fasciitis. Plaintiff had over 40 emergency department visits over the next three years allegedly due to defendant’s negligence. Plaintiff’s counsel requested $2 million in his closing argument. No settlement offer was ever made by the defense.  After a five-day jury trial, the jury returned a verdict for the defendant.

Secured Dismissal for Pharmaceutical Client in High Court Case

Secured dismissal of a case before the High Court in which the claimant alleged that it had reached a legally binding agreement with our client, a Mumbai-headquartered pharmaceutical company, for the supply of drug for the Canadian market.

Defended Hospital and Executive Against Sex Discrimination Claims

Defended a hospital and its Chief Executive Officer in state court against claims of sex discrimination by the Chief of Anesthesia against the CEO and the Chief of Surgery.

Advised Pharma Companies on U.K.’s Pharmaceutical Price Regulation Schemes

Advised several pharmaceutical companies about matters concerning the U.K.’s Pharmaceutical Price Regulation Schemes.

$25 Million Sale of OTC Pharmaceutical Manufacturing Assets

Represented large, privately held client in $25 million asset sale of over-the-counter pharmaceutical manufacturing business and supplier to major nutraceutical, pharmaceutical and food brands.

Pharmaceutical Patent Portfolio for University

Managed pharmaceutical patent portfolio that includes filings in over 16 different countries. Worked with university and licensee on achieving patent protection worldwide.

SEC Enforcement Investigation for Pharmaceutical Company

Represented private specialty pharmaceutical company in SEC enforcement investigation concerning alleged fraudulent misrepresentations and omissions to prospective investors.

Patent Clearance Projects in Pharmaceutical Industry

Managed several patent clearance projects relating to a computer ecosystem designed to manage the prescription process and use by patients of a multimillion-dollar pharmaceutical product.

$56 Million Equity Purchase of Controlling Interest in Pharmacy

Represented health care company in $56 million equity purchase of 80 percent controlling interest in multi-state wholesale and mail-order retail pharmacy.

Private Placement and Research Agreements for Pharmaceuticals Company

Advised a pharmaceuticals company in connection with the financing and conduct of research regarding a rare tropical disease.

$248 Million Chapter 100 Bond Issuance for Pharmaceutical Company

Served as counsel for medical company’s acquisition of real property and construction of laboratory, research, development, manufacturing and office space. The pharmaceutical company constructed a new facility of approximately 320,000 sq. ft., housing certain research and development equipment.

Conducted Competitive Strategy Projects for Pharmaceutical Company

Ran year-long competitive strategy projects for multinational client. The projects included in-depth analyses and presentations on competitors' complete intellectual property portfolios, including freedom-to-operate positions, invalidity opinions and strategic patent application filings to gain a competitive edge.

Patent Portfolio Strategy for University Covering Pharmaceuticals, Life Sciences and Medical Fields

Developed and executed patent filing strategy and managed diverse patent portfolio for a large university client. Technologies span various subject areas including pharmaceuticals, life sciences and medical fields.

Advised on Paragraph (iv) Certification Strategy Related to Development of Generic Pharmaceuticals

Advised in-house counsel on paragraph (iv) certification strategy and provided related opinion work, including noninfringement and invalidity analyses of competitor patents in support of Hatch-Waxman litigation. Further advised on design-around and re-formulation strategies.

Private Placement of Securities for Immunotherapy Company

Advised a pharmaceuticals company in connection with a private placement of securities to finance its research and development of several pharmaceuticals and technologies, including immunotherapies for treating cancer.

AIM Admission, £135 Million Placement

Advised stockbroker on the £135 million placing undertaken by a global pharmaceutical company and admission to the Alternative Investment Market (AIM).

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Boston, MA
800 Boylston St.
30th Floor
Boston, MA 02199
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Boston, Massachusetts
Chicago, IL
100 North Riverside Plaza
Suite 1500
Chicago, IL 60606-1520
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Chicago, Illinois
Denver, CO
4643 S. Ulster St.
Suite 800
Denver, CO 80237
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Denver, Colorado
Dublin, Ireland
Fitzwilliam Hall, Fitzwilliam Place
Dublin 2, Ireland
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Edwardsville, IL
115 N. Second St.
Edwardsville, IL 62025
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Edwardsville, Illinois
Jefferson City, MO
101 E. High St.
First Floor
Jefferson City, MO 65101
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Jefferson City, Missouri
Kansas City, MO
2345 Grand Blvd.
Suite 1500
Kansas City, MO 64108
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Kansas City, Missouri
Las Vegas, NV
7160 Rafael Rivera Way
Suite 320
Las Vegas, NV 89113
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Las Vegas, Nevada
London, England
Royal College of Surgeons of England
38-43 Lincoln’s Inn Fields
London, WC2A 3PE
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Miami, FL
355 Alhambra Circle
Suite 1200
Coral Gables, FL 33134
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New York, NY
7 Times Square, 44th Floor
New York, NY 10036
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Orange County, CA
19800 MacArthur Boulevard
Suite 300
Irvine, CA 92612
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Philadelphia, PA
2005 Market Street
29th Floor, One Commerce Square
Philadelphia, PA 19103
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Philadelphia, Pennsylvania
Princeton, NJ
100 Overlook Center
Second Floor
Princeton, NJ 08540
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Princeton, New Jersey
Salt Lake City, UT
222 South Main St.
Suite 1830
Salt Lake City, UT 84101
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Salt Lake City, Utah
St. Louis, MO
7700 Forsyth Blvd.
Suite 1800
St. Louis, MO 63105
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Washington, D.C.
1717 Pennsylvania Avenue NW
Suite 400
Washington, DC 20006
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Wilmington, DE
1007 North Market Street
Wilmington, DE 19801
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Wilmington, Delaware