Experience

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.

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.

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.

Managed International Patent Portfolio for Health Care Company

Managed U.S. and international patent portfolio related to heart pumps, cardiac catheters, electrocardiograms, heart mapping, heart monitoring and ablation therapy technologies.

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 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.

Representation of Major International Pharma Company in Qui Tam Litigation

Represented a major international pharmaceutical company in qui tam litigation alleging violations of the False Claims Act and Anti-Kickback Statute.

$17 Million Defense Verdict for Hospital Client in Suit Brought by Neurosurgeon

Defended a hospital client in a suit against a neurosurgeon who allegedly slipped and fell leaving the operating room in the hospital where he worked. The suit alleged that right-shoulder injuries from the fall ended his career. The last pre-trial demand sought $17 million in damages. After four days of trial, a defense verdict was returned in favor of our client. The win was ranked the no. 1 defense verdict in the state of Missouri in 2010 by Missouri Lawyers Weekly.

Defense Verdict for University Client in Medical Malpractice, Negligence Case

Secured a defense verdict in a medical malpractice case in which the plaintiffs asked the jury to return a verdict in excess of $5 million in favor of a brain-damaged minor. The plaintiffs alleged defendant’s failure to appropriately diagnose and treat the minor’s mycoplasma pneumonia, and encephalitis resulted in permanent brain damage. The case was complicated in that the treating pediatric neurologist testified on behalf of the minor plaintiff and adverse to the defendant. Testimony included nine experts in the areas of pediatric neurology, infectious disease, autoimmune disorders, pediatric neuropsychology and pediatrics. After a several-week trial, a St. Louis City jury returned a verdict in favor of the defendant.

Second-Largest 2013 Missouri Defense Verdict

Won the second-largest 2013 defense verdict in Missouri for its representation of a hospital in a medical negligence case. The ranking was reported by Missouri Lawyers Weekly.

Summary Judgment for Hospital in FMLA Retaliation Suit

Obtained summary judgment ruling for a hospital in the U.S. District Court for the Eastern District of Missouri. The lawsuit brought by former employee alleged retaliation under the Family and Medical Leave Act.

Asset Sale for Software Developer

Represented a software development company in its sale of assets to a national health care services company in the provider health care and risk management solutions market.

Formation of Urgent Care Joint Venture

Represented client in the formation of a multi-location urgent care joint venture with one of the nation's fastest-growing urgent care providers. The agreement will expand the client's urgent care network across its existing markets.

Multimillion-Dollar Sale of Family Pharmacy

Represented a family pharmacy that specialized in compounding, human fertility drugs and hormone replacement therapy. The buyer's tax structure required us to complete a tax-free reorganization of the client's business prior to closing. The transaction also involved complicated tax and dividend issues regarding the majority shareholder's redemption of shares in the holding company that owned the pharmacy prior to closing.

Trademark Dispute for Health Care Client over Domain Name

Resolved a dispute for a health care client involving website domain names that were infringing the client’s trademarks through successful Uniform Domain Name Dispute Resolution Policy (UDRP) complaints established by the Internet Corporation for Assigned Names and Numbers (ICANN) with the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center. The panel appointed by WIPO ordered that the infringing domain name be transferred to the client.

Defense Verdict in $3.7 Million Jury Trial

Secured a defense verdict for a St. Louis, Missouri-area medical group following a five-day jury trial. The plaintiff and her attorneys asked for a verdict of $3.7 million following a laparoscopic gynecological surgery. After 82 minutes of deliberation, the jury returned with a defense verdict.

Advised Hospital on Imaging Services Joint Venture

Advised hospital client in formation of and modifications to a five-location imaging services joint venture with provider-based status.

Hospital Divestiture of $27 Million Joint Venture

Represented hospital client in divestiture of interests in a $27 million joint venture that provided home health and other health care services.

Formation of Rehabilitation Hospital Joint Venture

Represented hospital client in the formation of a rehabilitation hospital joint venture.

Acquisition of 450-Bed Hospital

Represented client in acquisition of 450-bed hospital in St. Louis, Missouri, involving issues related to real estate, regulatory compliance, licensure, tax and employment law.