$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.
$300 Million Health Care Finance Acquisition
Represented a company in the health care finance 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.
Represented Medical Technology Company in IPO
Supported a medical technology company in completing its Initial Public Offering and trading on the Nasdaq.
Successful Settlement in $400 Million Qui Tam Case
Successfully negotiated a no admission of liability settlement on behalf of a pharmaceutical company in connection with a civil False Claims Act matter investigated by the U.S. Attorney’s Office for the Eastern District of Pennsylvania. The case originated from a qui tam complaint where the government initially sought damages well in excess of $400 million. The case was resolved for approximately 4% of the initial damages assessment, and a Corporate Integrity Agreement was reached with Department of Health and Human Services Office of Inspector General (HHSOIG) that avoided any debarment or exclusion sanctions.
Successful Defense of Medical Practice in FCA Litigation
Successful defense of a medical practice in a federal civil False Claims Act litigation involving a qui tam relator.
Obtained Declination of Prosecution from DOJ for Prominent Medical Doctor
Obtained a declination of prosecution from the Department of Justice on behalf of a prominent medical doctor practicing in the Philadelphia region accused of billing fraud.
Favorable Pre-lawsuit Settlement in Federal False Claims Act Case for Cardiologist
Effectuated a favorable pre-lawsuit settlement with no admission of liability in a federal False Claims Act matter on behalf of a cardiologist in the Philadelphia region.
Successful Outcome for Medical Professional in Connection with Federal False Claims Act Investigation
Defense and non-trial resolution for a medical professional in response to a civil investigative demand issued in connection with a federal False Claims Act investigation.
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.
Sake 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.
Outside Counsel for $8.5 Billion Life Sciences Company
As outside counsel for an $8.5 billion life sciences company, led a team managing all aspects of IP strategy and execution for a $20 million annual R&D function. Represented the company in multiple M&A transactions over $200 million and advised senior leadership on major strategic decisions around new product launches, commercial partnerships and licenses.
In-House Counsel to Leading Gene Editing Company
As in-house counsel for a leading gene editing company, led a $2 million/year patent preparation and analysis function that built layered protection for the company’s technology platform and therapeutic pipeline, and facilitated major transactions including public stock offerings and partnering of a first-in-class gene editing therapeutic program.
Global Patent Strategy and Execution for Diagnostics Company
As outside counsel for a venture-backed diagnostics company, took on an existing patent estate and developed a multi-pronged protection strategy for a first-in-class clinical microbiology lab system along with key messages for leadership and investors; drove successful U.S. and foreign prosecution to obtain multiple grants offering diversified claim protection ahead of launch; and filed roughly 30 new patent families over two years to capture ongoing innovation driven by second-gen product development.
White Space Analysis and R&D Guidance for $120 Million Product Area
Guided R&D activities for $120 million product area for public life sciences company by analyzing patent landscape to identify white space and exclusivity opportunities.
Claim Strategy Formulation for Future Filings
Formulated claim strategies for flagship gene editing system and standardized approach for future filings at biotech startup.
Led IP Diligence Process with Series B Investors
Led IP diligence process with series B investors for biotech startup, including development of key messages on patentability and FTO.
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