Bankruptcy, Restructuring & Governance: Our restructuring and creditor’s rights team has extensive experience representing and advising clients in distressed healthcare matters, including matters related to providers such as hospitals, skilled nursing facilities, elder care facilities and sleep centers, and related businesses such as health insurance companies, medical supply companies and pharmaceutical companies.
Corporate: We advise healthcare providers, digital health platforms, fitness companies and consumer wellness brands, as well as hedge funds, private equity and venture capital firms, on mergers and acquisitions, joint ventures, divestitures, debt and equity financings and other strategic transactions. We also represent operating companies in connection with their day-to-day commercial needs, including navigating corporate governance issues and negotiating supply, distribution, marketing, and consulting agreements. Our experience allows us to anticipate industry-specific issues and structure deals that drive growth and maximize value.
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.
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 states attorney general’s offices, as well as exchanges and self-regulatory organizations. Our team has represented doctors, pharmacists, medical laboratories, medical spas, independent diagnostic testing facilities, device manufacturers, durable medical equipment facilities, pharmaceutical executives and healthcare entrepreneurs in major federal criminal investigations, corporate internal investigations, DOJ Civil investigations and jury trials and have represented clients in proceedings before the New York State Office of Professional Medical Conduct.
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.
Intellectual Property & Brand Protection: From product developers to large consumer brands, clients turn to us to protect and commercialize their innovations and brands. We advise on trademarks, copyrights, trade secrets, patents, licensing and portfolio management to ensure that valuable IP assets are safeguarded and leveraged for growth.
Labor & Employment: Our attorneys work closely with healthcare and wellness companies to address the unique employment challenges of the sector. 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 in disputes ranging from discrimination and harassment claims to wage and hour matters.
Litigation & Dispute Resolution: We represent healthcare and wellness clients in a wide range of disputes, including contractual, partnership, commercial and intellectual property matters. Our litigators combine industry knowledge with strong trial and arbitration experience to resolve complex conflicts efficiently and effectively.
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. Our team also advises on real estate-related disputes and restructuring matters.
Technology, Data & Digital Health: We advise digital health and wellness companies on the business and legal issues driving the next generation of healthcare delivery and consumer engagement, including the integration of artificial intelligence and AI-driven medical technologies. Our lawyers counsel clients on technology transactions, platform development, invention research and development, data use, and brand integration across digital channels. We help companies navigate the evolving regulatory and intellectual property landscape surrounding AI-enabled tools and medical devices, ensuring compliance and innovation go hand in hand. We also work with traditional providers and consumer wellness companies as they expand into digital and AI-powered services, helping them protect proprietary technology, leverage consumer data responsibly, and unlock new revenue streams.
Representative Experience
- 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.
- True Beauty Ventures, a venture capital fund focused on beauty, wellness and personal care brands, as lead investor in numerous preferred stock and convertible note financings, including: a series seed preferred financing of Evolvetogether, a personal care brand, a series seed preferred financing of Youthforia, a provider of natural bio-based makeup products, and a $7 million Series C Preferred Stock investment in Moon Juice, a beauty and wellness products brand.
- Silas Capital, a venture capital firm focused on early-stage consumer brands, in connection with number preferred stock financings, including: a Series A Preferred Stock financing of ILIA Beauty, a prestige line of color cosmetics, a $5 million Series A investment in HATCH, a destination and lifestyle brand for women, a $15 million Series A investment in Herbivore, a developer of skincare products, a $15 million Series B investment in Sakara Life, a direct-to-consumer wellness and lifestyle program, and a $6 million Series A financing of Vacation, a sun lotion 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.
- HighPost Capital in its investment in Equip Foods, a fast-growing protein supplements brand
- 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 numerous acquisitions and investments, including Atkins Nutritional, Barry’s Bootcamp, Crunch Fitness, Curves International, Echelon Fitness, Glow Recipe, HydroMassage, Kettlebell Kitchen, NEST New York, Performance Bicycle, ProSupps, Sprout Foods, Turning Point/Turnbridge and VitaCup.
- Broad Sky Partners in its acquisition of Thomas Scientific, a distributor of lab supplies and equipment.
- Snapdragon Capital Partners, an investment firm focused on the intersection of growth consumer categories and digital enablement, in its investments in JECT, a provider of modern medical aesthetics, Fullscript, a healthcare platform for providers to dispense and manage healthcare's best supplements, and Better Being (f/k/a Nutraceutical International Corporation), a portfolio company of HGGC.
- 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.
- Founders Equity in its acquisition of Advantedge Healthcare Solutions, a medical billing services and practice management company.
- IAC in its acquisition of NurseFly, a job marketplace for short-term nursing positions.
- Ivy Capital Partners in its sale of Ivy Rehab Physical Therapy to Waud Capital Partners and its sale of multiple Ivy Urgent Care locations to GoHealth Urgent Care.
- Thomas Scientific in its acquisitions of Phenix Research Products, a leading medical laboratory equipment supplier, and Denville Scientific, a leading medical laboratory equipment supplier and division of publicly traded Harvard BioScienc.
- The co-founder of a compounding pharmacy business with a proprietary hair loss treatment system in the sale of a minority equity stake.
- 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.
- ProFoot, a family-owned provider of footcare products, in the sale of its foot care device division, to Tommie Copper, a private-equity backed leading brand in wearable wellness, compression apparel and comprehensive pain management solutions.
- Curves International Holdings, Inc., a global fitness chain, in its sale to an affiliate of Koshidaka Holdings Co Ltd.
- The Laundress, a non-toxic laundry and home cleaning product brand, in its sale to Unilever, Inc.
- 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.
- A family office in connection with its roll-up acquisition and development of multiple fitness gyms across the United States.
- A family office in connection with its investment in and divestment of an organic beverage company.
- A biotechnology startup company in multiple convertible debt offerings.
- Great Point Partners in connection with its healthcare-focused private equity fund formations.
- True Beauty Ventures in connection with its beauty and wellness-dedicated venture capital funds.
- Teavana Holdings, an NYSE listed tea and tea accessory company, in its $100 million initial public offering underwritten by Merrill Lynch and Goldman Sachs.
- A medical device manufacturer in a transaction with a service provider to develop and support dedicated hosting platform.
- A multinational cosmetics and personal care products corporation in technology-driven business transformation projects.
- Several European high-tech bio pharma companies regarding licensing and development agreements with manufacturers and hospitals in the U.S.
- A large vitamin manufacturer in significant employment litigations arising from violations of non-competition agreements and restrictive covenants.
- A pharmacy CEO in a federal healthcare fraud and tax fraud investigation in which the government ultimately declined prosecution.
- A pharmaceutical company executive in a DOJ False Claims Act investigation, which resulted in no charges being brought.
- A biotech executive in a federal criminal trial and investigation for securities fraud relating to investments in a company’s medical device technology designed to detect disease from human breath.
- An independent diagnostic testing facility and its CEO in parallel DOJ criminal healthcare fraud and civil False Claims Act investigations, which resulted in no charges or civil actions being brought.
- 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.
- Represented tech-enabled healthcare provider startup in connection with dispute with computer program developer over developer’s breaches of master products and services agreement concerning its creation and implementation of computer-based system to provide risk adjustment services to be used by client in providing services. Obtained favorable result for client which facilitated its retention of alternate developer to provide required system.
- Represented owner of dozens of skilled nursing and other healthcare facilities across the country in connection with numerous litigation matters, including but not limited to disputes with former business partners over ownership in healthcare facilities, disputes with sellers and purchasers or healthcare facilities related to breaches of purchase and sale agreements, and disputes with managers concerning mismanagement of facilities. Have obtained successful outcomes to the litigations including but not limited to obtaining temporary restraining orders and preliminary injunctions for client, obtaining summary judgment dismissing millions of dollars in claims against client, and obtaining favorable settlements for client that preserved client’s ownership and control over business entities.
- Represented owner of a Licensed Home Care Services Agency (LHCSA) in connection with multi-forum litigation arising from LHCSA acquirer’s payment default. Following multi-day trial in Supreme Court, Nassau County and a multi-day arbitration hearing, ultimately obtained eight-figure settlement on behalf of LHCSA owner.
- Served as lead counsel for, and completed the successful defense of, a NYSE biotech company and certain of its officers and directors in connection with a number of securities fraud actions seeking more than $100 million in damages commenced in the United States District Courts for the Eastern District of Virginia and Southern District of New York, where after obtaining summary dismissals in all courts, the dismissals were affirmed on appeal by the Fourth Circuit and Second Circuit, efforts to reopen the dismissals were also thwarted, and sanctions were awarded against one of the plaintiffs and his counsel. The cases addressed certain novel issues of law that were widely discussed in publications and the decisions often cited as leading cases on certain points of law.
- Served as lead counsel for a manufacturer of an almond pasteurizer and successfully defended it at trial in the United States District Court for the Central District of California, a breach of contract and warranty action instituted by a prominent almond producer. The action was dismissed in its entirety at the conclusion of plaintiff’s case.
- 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.
- Successfully resolved a licensing dispute between a Swedish medical device manufacturer and a Canadian medical device distributor.
- Represented two former managing directors of Lernout & Hauspie Speech Products, N.V. in connection with multiple securities class actions.
- Represented four clients in a $500 million class-action lawsuit against executives and board members of the Maimonides Medical Center in Brooklyn.
- A network of over 140 physical therapy clinics across the United States, in connection with all ongoing ordinary course, as well as numerous M&A specific, employment matters.
- The existing CEO of a $3 billion health, medical and dental insurance plan company, in connection with the renegotiation of her employment agreement and other arrangements.
- The new CEO of a national wholesale craft juice company, relating to the negotiation of his employment agreement, equity grants and executive benefits in connection with the company’s acquisition by a private equity firm.
- The new CEO of the US subsidiary of one of the world’s largest publicly traded pharmaceutical drug companies, in connection with the negotiation of her employment agreement, equity grants, and deferred compensation awards.
- The new CFO of a highly visible, national lifestyle brand and cycling studio, in connection with the negotiation of his employment arrangements and equity grants.
- Mynd Spa & Salon, Inc., fka Red Door Salons, Inc., fdba Elizabeth Arden Resort Spas, Inc. in its Chapter 7 bankruptcy.
- Wellpoint and its subsidiary, Empire HealthChoice Assurance, Inc., d/b/a Empire Blue Cross/Blue Shield in multiple Chapter 11 cases.
- Blue Cross Blue Shield of Michigan in the bankruptcies of General Motors and Chrysler.
