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.

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.

$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.

$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.

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.

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 healthcare providers, sponsorships, educational grants, exhibits and charitable donations, to ensure compliance with federal regulations and industry practice.

Defense of Billion-Dollar Qui Tam Action

Successfully defended medical practice in billion-dollar qui tam action.

Representation of Major International Pharma Company in Internal Investigation

Represented a major international pharmaceutical company in an internal investigation related to a patient support program that provides financial assistance to Medicare patients.

Defense Verdict for Health Care Client

Secured a complete defense verdict for client hospital in an IV infiltration case. The plaintiff claimed that, as a result of a contrast extravasation into her right arm during a CT scan, she developed a blister and loss of muscle strength in the arm as well as post-traumatic stress disorder. The plaintiff claimed the client and its employed radiology technician was negligent in timely turning off the contrast after the plaintiff began yelling in pain. Following the three-day jury trial in St. Louis County Circuit Court, the jury ultimately returned a defense verdict.

Jury Verdict for Doctor in Malpractice Case

Secured a defense verdict for a physician in a medical malpractice suit. The plaintiff, a 33-year-old male, alleged that the defendant doctor injured his superior mesenteric artery during surgery to remove a tumor, which left him with short gut syndrome. He filed suit seeking in excess of $2 million in past economic damages, and up to $850,000 in non-economic damages. Following a one-week jury trial in Jefferson County Circuit Court, the jury found the client was without fault in the matter.

Acquisition of 143-Bed Hospital

Represented client in acquisition of 143-bed hospital in St. Louis, Missouri. The representation included issues related to regulatory compliance, licensure, real estate, ongoing corporate governance, tax, employment law and integration of medical staffs.

Trade Compliance Audits for Global Agricultural Company

Regularly conduct U.S. trade compliance audits/reviews of company's international locations in which we examine overall organizational structure, U.S. export and import controls and supply chain security.

Data Privacy, Antitrust and HIPAA Breach

Investigated and resolved matters involving violations of the Health Insurance Portability and Accountability Act (HIPAA), protected health information data breaches, and Office for Civil Rights (OCR) reporting and investigations, including the inadvertent misdirection of more than 1,500 patients’ protected health information and the intentional disclosure by an employee of protected health information.

Representation of Senior Executive in Connection with Criminal Economic Espionage Charges

Represented a senior executive of a medical device manufacturer in connection with criminal economic espionage charges. Resolved without criminal charges.

Favorable Result in FLSA Employee Misclassification Case

Achieved a favorable trial result in the United States District Court for the Western District of Texas on behalf of a client accused of misclassifying a significant portion of its workforce as exempt from the overtime requirements of the Fair Labor Standards Act (FLSA) after several years of litigation.

IP Agreements for Health Client Entering Third-Party Partnerships

Prepared various IP-related agreements including licenses, commercialization and joint development agreements, enabling client to successfully enter into partnerships with third parties.

Home Health/Hospice Joint Venture

Represented client in the formation of a joint venture with a home health and hospice care provider. As part of the agreement, the client transferred its home hospice business in exchange for an ownership and governance interest in the venture partner. The arrangement involves services in five market areas across Missouri, Arkansas and Kansas.

Successful Representation of Global Health Care Company in Receivership Action

Represented health care company in a state court receivership action filed in Wisconsin. Prepared all of the necessary pleadings to memorialize our client's claim and advocated on their behalf which ultimately resulted in receiving a significant payout from the receivership estate.

IPO for Medical Device Manufacturer

Initial public offering of medical device manufacturer via reverse merger, registration of exchange offer and immediate listing on the Nasdaq Capital Market.

Won Six-Figure Verdict Before Jury in Breach of Contract Case for Medical Group

Won a jury trial and a six-figure verdict on a breach of contract claim for a medical group against two of its former physicians/partners.

Seven-Figure Judgment in Shareholder Dispute for Physicians

Won a high seven-figure judgment, including sanctions, at trial regarding a shareholders’ dispute on behalf of three physicians against a former partner and medical practice.

Prosecuted Patent Applications for Large University Client

Drafted and prosecuted patent applications relating to medical imaging technologies including CT, MRI, optical tomography and image processing.

Representation of Pharma Company Involving Reimbursement and Co-Pay Programs

Represented a pharmaceutical company in connection with a government investigation involving its reimbursement and co-pay programs.

Partial Summary Judgment in FLSA Misclassification Action

Obtained partial summary judgment on behalf of a client in a Fair Labor Standards Act (FLSA) misclassification collective action, reducing the potential scope of class and the client's potential exposure by over 90%.

Representation of Pharma Company in Medicaid Pricing Litigation

Represented a pharmaceutical company in litigation involving Medicaid pricing.

Representation of Pharma Company in Sales, Marketing Practices Investigation

Represented a pharmaceutical company in an investigation of sales and marketing practices.

Representation of Pharma Company in Breach of Contract Case

Represented a major pharmaceutical company as part of trial team in a breach of contract suit litigated over five days before the Delaware Court of Chancery.