Experience

$1.3 Billion Sale of Health Care Provider

Served as lead counsel in $1.3 billion sale of health care provider to a strategic buyer.

$114 Million Common Stock Offering for Wholesale Pharma Distributor

Represented a wholesale pharmaceutical distributor as issuer’s counsel in a $114 million underwritten offering of common stock.

Provided Counsel to Pharma Company in Connection with Policies and Procedures

Assisted a major pharmaceutical company with a comprehensive update of policies, including on issues such as interactions with health care providers, sponsorships, educational grants, exhibits and charitable donations, to ensure compliance with federal regulations and industry practice.

Favorable Resolution of Criminal Investigation for Senior Executive of Medical Device Manufacturer

Represented a senior executive at a medical device manufacturer in connection with a criminal investigation involving potential false statements to the U.S. Food and Drug Administration. Resolved without any criminal charges.

Defended Health Care Network from Employment Disability Discrimination Claim

Successfully defended network of assisted living and long-term care facilities from employment disability discrimination claim filed with the Colorado Civil Rights Division and the U.S. Equal Employment Opportunity Commission, resulting in favorable settlement for client and resolution of all claims.

$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.

Advised Biopharma Company on Strategic Investment

Advised a biopharmaceutical company focused on developing new, cost-effective and proprietary treatment options for patients, on its strategic investment into a Scottish-based clinical stage biopharmaceutical company developing novel oxygen carriers and software for use with MRI. 

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.

Sale of Health Care Communications Agency

Advised the shareholders of a specialist health care communications agency in their sale to a FTSE 250 health care advisory, communications, commercial, clinical and packaging services company.

Sale of Life Science Intermediary

Advised the shareholders of the largest provider of IVF programmes in the U.K. on their sale to a private equity buyer.

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.

Led Defense Strategy Resulting in Defense Verdict in High-Profile Antitrust Class Action

Represented major, multinational biopharmaceutical company in a massive, high-profile antitrust class action lawsuit in which plaintiffs were seeking in excess of $30 billion in damages. As Global Head of Litigation, led legal defense strategy resulting in a jury defense verdict.

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.

Won Summary Judgment for Medical Device Manufacturer Against Retaliation Claim

Won summary judgment for a medical device manufacturer in a lawsuit by a former employee alleging he was terminated in retaliation for complaining about conduct prohibited by the False Claims Act.

Conducted Investigation, Delivered 100+ Page Report in Criminal Health Care Fraud Case

Represented a Medicare Advantage plan in connection with a criminal health care fraud investigation by the U.S. Attorney’s Office and Office of Inspector General, Department of Health and Human Services, and drafted a 100+ page internal investigation report that was delivered to the Board of Directors.

Prevailed on Motion for TRO

Prevailed following an evidentiary hearing on a motion for temporary restraining order brought by a health care services company seeking to prohibit a former employee from working for his new company based on alleged violations of a noncompete covenant and trade secret misappropriation.

Successfully Opposed Preliminary Injunction Sought Against Former Executive of Health Care Technology Company

Prevailed following an evidentiary hearing on a motion for preliminary injunction brought by a health care technology company seeking to enforce a noncompete covenant against a former company executive.

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Boston, MA
800 Boylston St.
30th Floor
Boston, MA 02199
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Boston, Massachusetts
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
1980 Festival Plaza Drive, Suite 750
One Summerlin
Las Vegas, NV 89135
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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 1250
Coral Gables, FL 33134
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New York, NY
7 Times Square, 44th Floor
New York, NY 10036
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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.
1050 Connecticut Avenue NW
Suite 500
Washington, DC 20036
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Wilmington, DE
1007 North Market Street
Wilmington, DE 19801
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Wilmington, Delaware