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.
$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.
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.
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.
Obtained Relief for Pharma Company in British Virgin Islands
Obtained pharmaceutical company relief against third parties. Highlights include involvement in a leading case in the British Virgin Islands as well as in support of substantive proceedings concerning agricultural interests in Russia and Scandinavia.
Pro Bono Counsel in Class Action Lawsuit Involving Medical Care for Inmates with Hepatitis C
Served as pro bono co-counsel for class representatives in a class action lawsuit challenging the failure of the Nevada Department of Corrections (NDOC) to provide medical care to inmates with chronic Hepatitis C virus (HCV) consistent with national standards. Pursuant to consent decree, the NDOC will now provide adequate medical care to all inmates with HCV.
Pro Bono Counsel to Transgender Inmate Challenging NDOC Policies Relating to Medical Treatment
Served as pro bono counsel for a transgender inmate challenging Nevada Department of Corrections (NDOC) policies limiting medical treatment for inmates with gender dysphoria. Negotiated settlement with NDOC which now ensures medical care for inmates with gender dysphoria consistent with national standards.
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.
Counsel to Pharma Company in Diabetes Drug Patent Litigation
Counseled a pharmaceutical company in an action before U.S. District Court for the Eastern District of North Carolina concerning its IP rights to an SGLT2 diabetes drug.
$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.
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