Experience

Acquisition of Pace Rehabilitation by Otto Bock PLC

Represented global health tech company Otto Bock PLC in its acquisition of Pace Rehabilitation, a provider of integrated services to treat people who have sustained limb loss or serious limb injury.

Counsel for Sale of Pharmacy Benefit Manager and Specialty Pharmacy

Represented seller in asset sale to another health care provider.

Outside Counsel for Pharmacy Benefit Manager and Specialty Pharmacy

Provide regulatory compliance and general corporate representation on behalf of specialty pharmacy and pharmacy benefit manager client.

Negotiated Disciplinary Settlement with Board of Pharmacy of Behalf of Client

Represented pharmacy against allegations of Pharmacist in Chief (PIC) wrongdoing that resulted in corporate liability to the pharmacy. Successfully negotiated a probationary settlement allowing for continued operations with a two-year compliance reporting requirement.

Defense Counsel for Medicaid Fraud Allegations

Represented a home health provider in appealing its suspension from Medicaid for allegations of fraud. After appealing the AHC determination and filing suit in Cole County, Missouri Circuit Court, the Missouri Medicaid Audit & Compliance Unit rescinded the suspension, paid the provider over $60,000 in backpay, and reinstated the provider’s Medicaid enrollment.

Counsel for Sale of Portion of Rural Pharmacy’s Assets

Counseled a rural hospital pharmacy on the sale of certain assets to another pharmacy.

Counsel for Physician’s Concierge Medical Practice

Serve as counsel for physician’s opting out of Medicare and the establishment and operation of a concierge medical practice.

Contracting Services for Multinational Pharma Client

Actively engaged with and responded to contracting requests from internal functions of a multinational pharma company, such as information technology and public affairs, and provided full-service contracting services to support business needs.

Patent Portfolio Evaluations for Pharmaceutical Company

Evaluated patent portfolios and performed freedom-to-operate assessments on ribonucleic acid/lipid nanoparticle (RNA/LNP) technologies of multiple emerging companies to arm a large, international pharmaceutical company with strong negotiation positions to complete mergers, acquisitions or business development deals.

Counsel Regarding COVID-19 Vaccine Patent Application

Provided counseling and creative solutions regarding prosecution strategy related to a COVID-19 vaccine patent application in view of various business agreements with a research institution and attendant Bayh-Dole considerations to promote business development.

RNA/LNP Landscape Analysis for Partnership, Acquisition Potential

Analyzed the ribonucleic acid/lipid nanoparticle (RNA/LNP) landscape to assess the IP positions of major companies in the field and to identify potential companies for partnering or acquisition.

Opposition Proceedings, Strategy Relating to Diagnostic Assays for Blood Disorders

Initiated and defended European opposition proceedings in conjunction with European counsel against a large, international medical diagnostics company and played a leading role in developing strategy and providing support during oral opposition and appeal proceedings in relation to complex diagnostic assays for blood disorders.

IP Due Diligence for Life Sciences Company

Performed IP due diligence and authored multiple noninfringement and invalidity opinions to position a small life sciences company developing and marketing biological wound healing materials for a possible IPO and eventual acquisition for $300 million, plus an additional $100 million upon reaching certain growth milestones.

Drafted IP Agreements for University

Evaluated and drafted IP licensing agreements, research and collaboration agreements and material transfer agreements for a large U.S. university.

Counseled on FDA Labeling, Record Keeping Regulations

Advised a medical device manufacturer regarding complying with FDA regulations related to labeling and record keeping for medical devices.

Advised Nonprofit on Complying with FDA Clinical Trial Regulations

Advised a nonprofit research institution regarding complying with FDA regulations related to the duties and responsibilities of researchers involved in clinical trials.

Competition Law Compliance for Pharma Company

Acting for a major pharmaceutical company in relation to competition law compliance advice on its pricing, discounts and rebates policies.

$70 Million Judgment Against Pharma Company in Royalty Dispute

Secured a $70 million judgment against a pharmaceutical company in a royalty payment dispute.

Obtained Early Dismissal for Health Care Provider on Multiple Claims

On behalf of health care provider, obtained early dismissal of fraud, conspiracy, and Computer Fraud and Abuse Act claims brought by former IT vendor, and negotiated favorable settlement of breach of contract claim.

Successfully Defended Health Care Consultants and Health Care Attorney in Multiple Civil, Bankruptcy and Investigative Proceedings

Successfully defended a health care consulting firm and a health care attorney in multiple civil, bankruptcy and investigative proceedings relating to disputed process and handling fees paid to physicians by testing laboratories.

Favorably Settled Claims by and Against a Revenue Cycle Management Company

Obtained a favorable settlement of claims brought by and against a revenue cycle management company arising from the early termination of its multi-year collection contract with a large regional physician group.

Obtained Landmark Appellate Ruling Defeating ERISA-Preemption Defenses to Fraud and Tort Claims

Represented a medical device provider in payment claims against a leading insurer that resulted in a landmark ruling by the U.S. Court of Appeals, Fifth Circuit, sustaining our client’s fraud and tort claims against ERISA-preemption defenses

Licensing Matters Relating to Health Care Software Applications, Billing Systems

Prosecuted and defended licensing disputes for software including software used in health care applications and to create and maintain hospital medical and billing records.

Representation of Medical Association in Bylaws Enforcement, Right-to-Payment Case

Represented a professional medical association in an action to enforce its bylaws and right to payment from a group of doctors.

Retained Membership for Renowned Surgeon Following Medical Malpractice Case

Helped a renowned surgeon retain his membership in a voluntary professional association that threatened to suspend him for his testimony in a medical malpractice case.

Representation of Large Health Insurance Company in Noncompete Matters

Represented one of the nation’s largest health insurance companies by enforcing noncompetition agreements with former employees.

Representation of Medical Corporation in Corporate Governance Dispute

Represented closely held medical corporation in corporate governance dispute with dissident minority shareholder.

Fertility Clinic Consulting Services

Provided consultation to a fertility clinic regarding potential issues and liability stemming from the United States Supreme Court’s ruling in Dobbs v Jackson Women’s Health Organization, including drafting and revising pertinent policies and procedures to ensure compliance with each state’s unique requirements defining “abortion” and “conception.”

Privileged Nature of Patient Safety Organization Materials Confirmed by Federal Court

During representation of an Illinois hospital system in a contentious medical malpractice case, obtained an order from a federal court judge confirming the privileged nature of Patient Safety Organization materials. This order has wide-ranging effects not only in Illinois but in federal and state courts nationwide.

Patient Safety Organization Program Development, Implementation for Health System

Assisting a large health care system with developing and implementing a Patient Safety Organization program to ensure the privileged nature of its internal investigation materials.