Our lawyers understand the unique business, professional and legal needs of healthcare and wellness clients. Major hospital systems, healthcare service providers, fitness and wellness brands, as well as investors in the industry, rely on our multidisciplinary team of lawyers to develop innovative and creative ways to increase their profitability and protect their assets. Whether assisting with M&A and joint ventures, privacy and cybersecurity, licensing and collaborating agreements, litigation and dispute resolution, or government investigations, our lawyers provide solutions across all facets of the sector’s business operations.
Corporate: Clients engaged in the healthcare and wellness sectors, including operating companies, private equity firms, strategic investors and portfolio companies, trust our Corporate team to efficiently handle their private equity transactions, mergers and acquisitions, joint ventures, divestitures, equity financings and other complex corporate transactions, as well as all related Tax matters.
Executive Compensation & Employee Benefits: C-suite executives of public and private companies, doctors and medical offices rely on our team’s counsel in connection with the full range of executive compensation and employee benefits matters. Our team designs, negotiates, drafts and implements agreements including employment, separation, settlements and restrictive covenants, as well as equity compensation programs, incentive and deferred compensation arrangements, and ESOPs.
Health Insurance Litigation: We advise health insurance companies and managed care organizations in matters involving the credentialing and non-credentialing of providers and producers; the termination and non-renewal of providers from managed care networks; the termination of producer agreements; contract and coverage disputes; reimbursement disputes, including for out-of network services; group integrity issues, including bogus employers and unions; reporting to state regulators and federal data banks; the defense of claims for defamation; subrogation; ERISA and ERISA preemption; and claims alleging violations of state and federal laws prohibiting unfair business practices and related matters.
Healthcare Fraud: Participants in the healthcare industry face potentially devastating consequences when faced with allegations of fraud and abuse. We represent entities and individual clients in healthcare fraud investigations brought by a wide array of governmental agencies, including the SEC, DOJ and New York Attorney General’s office, as well as exchanges and self-regulatory organizations.
Healthcare Litigation: We represent numerous physicians and physician groups in federal and state trial and appellate cases, arbitrations, mediations and other alternative dispute resolution proceedings, and in administrative agency and internal hospital proceedings. We also routinely advise physicians and physician groups on commercial matters and disputes, representing them in matters including hospital and OPMC disciplinary actions, and contract disputes and restrictive covenant actions.
Labor & Employment: We structure and implement employment agreements, employee and HR policies, and non-compete provisions and provide training regarding policies that prohibit workplace harassment and employment discrimination. In addition to mitigating employment-related risks, we effectively negotiate disputes and defend our clients’ claims in court. During the COVID-19 pandemic, our team counseled employers regarding vaccines, mask mandates and public health and safety measures in the workplace, and continues to advise on the latest protocols.
Real Estate: We assist in the acquisition, development, structuring, leasing, financing and disposition of properties that are used in connection with medical, healthcare, fitness and wellness-oriented operations. We handle site acquisitions and lease negotiations, securing optimal lease terms for both landlords and tenants.
Technology, Data & IP: We help our healthcare and wellness clients establish compliance programs, manage data privacy and security risks, respond quickly to data breach situations and implement corrective action plans following a data privacy/security breach. In addition, our team counsels clients in understanding and mitigating the risks of using third-party technology and transferring technology to outsourced vendors. Our IP team partners with clients to safeguard the value of their products through the registration and enforcement of copyrights, patents, trademarks and trade dress.
Representative Experience
Littlejohn Fund VI, L.P. in its acquisition of American Health Staffing Group, a leading provider of healthcare talent and technology solutions.
Great Point Partners and its portfolio companies, in several acquisitions and dispositions in the healthcare space, including the sales of Corrona, a provider of clinical real-world evidence to pharmaceutical and biotechnology companies through syndicated patient registry data and analysis services, and Cytovance Biologics, a leading biopharmaceutical contract development manufacturing company.
Leading healthcare venture capital fund in various investments and dispositions of investments in medical device manufacturers, generic and proprietary drug manufacturers, and other healthcare related companies.
Pension and endowment funds of a large regional medical center in multiple investments in the alternative assets class including private equity funds, hedge funds, infrastructure development funds and real estate investment funds.
PatientPay, a patented provider of innovative patient billing and payment solutions in the healthcare industry, in the completion of its Series B financing, which secured over $12 million in growth capital.
Founders Equity in its acquisition of Advantedge Healthcare Solutions, a medical billing services and practice management company.
A medical device manufacturer in a transaction with a service provider to develop and support dedicated hosting platform.
North Castle Partners, a consumer-focused private equity firm that partners with entrepreneurs and management teams in the healthy, active and sustainable living sector, in connection with the acquisition of a majority stake in NEST New York, a leading fragrance lifestyle brand.
North Castle Partners in connection with multiple strategic investments including Barry’s Bootcamp, a boutique fitness brand, and ProSupps, a supplements company.
IAC in its acquisition of NurseFly, a job marketplace for short-term nursing positions.
Doctor’s Best, a leading marketer and distributor of science-based branded national supplements, in its sale to Xiamen Kingdomway Group Co., a Chinese company.
True Beauty Ventures, the only beauty and wellness-dedicated fund with a combined 30 years of institutional beauty investing and operating experience, in the closing of its debut fund.
North Castle Partners in its acquisition of Atkins Nutritional, a leading weight-management company, and its sale of Atkins to Roark Capital.
Represented the lead defendant on appeal in the largest healthcare/no-fault automobile insurance fraud scheme prosecuted in U.S. District Court for the Southern District of New York.
Represented a client charged by the U.S. Attorney’s Office for the District of New Jersey in a $99 million healthcare fraud and tax evasion scheme related to his ownership of a specialty pharmacy.
Served as lead counsel for a physician group in a five-week trial of an exclusive contract and unfair competition action in New York State Court involving anesthesia services which case settled prior to judgment. During the course of that action, obtained several rulings from the Appellate Courts establishing critical and unique points of law.
Successfully defended physicians against claims in New York Supreme Court for breach of contract and restrictive covenants.
Represented four clients in a $500 million class-action lawsuit against executives and board members of the Maimonides Medical Center in Brooklyn.
Successfully represented a health insurer in a variety of actions asserted by providers who were terminated or non-renewed from managed care networks.
Successfully represented a health insurer in a case alleging upcoding and fraudulent billing by a provider.
Successfully represented a health insurer in cases involving fraudulent labor unions, welfare funds and employers.
