Experience

Issuer Counsel to Health Care/Fintech Emerging Company

Negotiated multimillion-dollar Series Seed funding round for Missouri company with health care and financial technology product. Investors included leading venture capital firms from Chicago and St. Louis.

$32 Million Merger Acquisition of Health Care Tech and Services Provider

Represented health care company in $32 million merger acquisition of health care technology and services provider, following the client’s prior convertible debt investment in the target company.

IP Due Diligence in $3.4 Billion Acquisition of Medical Device Manufacturer

Led IP due diligence for a major medical device company, including in-depth research and analysis of both the target company and its competitors, resulting in our client’s decision to move ahead with its $3.4 billion acquisition of a medical device manufacturer.

Summary Judgment in Qui Tam Action Alleging Medicare Fraud

Obtained summary judgment on behalf of health care client in a qui tam action under the False Claims Act. In this case, the whistle blower sought over $1 billion, based on all claims submitted. The judgment, regarding allegation of Medicare fraud, was successfully defended on appeal.

Portfolio Management, Strategic Direction for Multiple Consumer Products, Health Care Companies

Managed global patent portfolios for and provided strategic counsel to multimillion-dollar consumer products and health care companies in the U.S. and abroad, including preparation and prosecution, opinion work, Inter Partes Review work and litigation.

Management of U.S. and Foreign Patent Families for Major Medical Device Companies

Managed multiple U.S. and foreign patent families and provided strategic counsel for medical device companies involving technologies related to fluorescent imaging, vascular occlusion, neuromodulation, and renal and cardiovascular devices.

Managed Construction Defects Dispute for Assisted Living Center

Represented a large general contractor in a dispute with the owner and multiple levels of subcontractors concerning subcontractor construction defects in an assisted living center in Georgia.

Licensing and Manufacturing Agreements for Animal Health Company

Advised a company developing animal vaccines in connection with obtaining a license for technology to be used in the manufacture of its products and negotiating manufacturing and research agreements.

Contract Negotiations for Multimillion-Dollar Hospital Development

Represented a large general contractor in the preparation and negotiation of AIA contract documents for a multimillion-dollar hospital development in Illinois.

Patent Portfolio Strategy for University Covering Science, Engineering 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 science, engineering and medical fields.

Summary Judgment for Health Care Client in Federal Trademark Infringement Suit

Secured summary judgment on behalf of the defendant, one of the largest non-profit hospital systems in the country, in a trademark infringement suit in federal court. The successful defense ensured the continued use of a naming convention impacting more than 25 health care delivery locations across the Midwest.

Acquisitions in Health Care Field for Private Equity Fund

Represented a private equity fund in nine acquisitions of health care accounts receivables management and Medicaid eligibility companies with locations nationwide. These acquisitions involved related credit facility negotiations. As a result of these acquisitions, the private equity fund was able to achieve its roll-up strategy in the industry.

Developer Representation in Hospital Site Purchase

Represented the developer in the sale of a site to a Missouri health care system for the construction of a hospital.

Favorable Settlement in Multimillion-Dollar Wrongful Death Claim

Obtained a favorable settlement in Jackson County, Missouri, in a wrongful death case seeking punitive damages involving allegations of failure to timely treat bowel perforation.

Secured Motion to Dismiss in Illinois Consumer Fraud and Deceptive Business Practices Act Case

Secured motion to dismiss with prejudice in Cook County Chancery Court for the client, a pharmaceutical company, in an action brought by the Illinois Attorney General against various manufacturers and distributors. The plaintiff alleged that the defendants had created a public nuisance and violated the Illinois Consumer Fraud and Deceptive Business Practices Act, and that the distributors had failed to properly examine and report suspicious orders of opioid medications.

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.

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.

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.

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.

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.

$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.

Representation of Medical Association in Bylaws Enforcement, Right-to-Payment Case

Represented a professional medical association in an action to enforce its bylaws and right to payment from a group of doctors.

Summary Judgment Affirmed for Health Care Client in IVF Services Dispute

Represented a regional hospital system in a medical malpractice dispute arising from in vitro fertilization services provided to a then-husband and wife. When it was revealed the wife had substituted the husband’s semen sample for that of another man, the husband and the surrogate who carried the baby filed suit in St. Louis County Circuit Court. The Missouri Court of Appeals for the Eastern District affirmed an order granting summary judgment in favor of the defendants.

Dismissal in Multimillion-Dollar Qui Tam Case

Represented a health care client in a qui tam action involving alleged violations of the Anti-Kickback Statute, False Claims Act and equivalent state-level laws. The U.S. District Court for the District of New Jersey dismissed the complaint with prejudice.

Series B Offering for Health Care Company

Assisted health care company in its Series B offering, raising more than $20 million.

Series D Offering for Health Care Company

Assisted health care company in its Series D offering, raising more than $50 million.

Conducted Privacy Assessment and Advanced Compliance Efforts for Animal Health and Nutrition Clients

Advised multiple clients in the animal health and nutrition space in developing and updating privacy programs to address compliance with the ever-changing regulatory landscape – from state-specific to international cross-border requirements. Conducted reviews and assessments, and drafted and implemented policies and procedures tailored to industry-specific and client needs.

Patient Safety Organization Program Development, Implementation for Health System

Assisting a large health care system with developing and implementing a Patient Safety Organization program to ensure the privileged nature of its internal investigation materials.

Privileged Nature of Patient Safety Organization Materials Confirmed by Federal Court

During representation of an Illinois hospital system in a contentious medical malpractice case, obtained an order from a federal court judge confirming the privileged nature of Patient Safety Organization materials. This order has wide-ranging effects not only in Illinois but in federal and state courts nationwide.

Fertility Clinic Consulting Services

Provided consultation to a fertility clinic regarding potential issues and liability stemming from the United States Supreme Court’s ruling in Dobbs v Jackson Women’s Health Organization, including drafting and revising pertinent policies and procedures to ensure compliance with each state’s unique requirements defining “abortion” and “conception.”