Experience | Mintz

Represented a Fortune 250 company that is a leading provider of kidney care and the country's largest operator of physician networks in hundreds of acquisitions, sales, and joint ventures nationwide.
Represented a large hospital system in contracting for the development and implementation of an outsourced compounding facility that will service all of the system’s hospitals.
Successfully defended a health care provider in a criminal HIPAA enforcement action brought by the Department of Justice.
Counseled a national independent laboratory on state, federal, and accrediting agency notice and approval requirements in connection with its acquisition by an international diagnostics and laboratory services company, and prepared over one hundred filings to be submitted to a variety of agencies.
Advised a global health care company on a variety of issues in connection with its acquisition of several health plans and provider groups, including health care regulatory due diligence, health care regulatory advice regarding transaction structure and strategy, and preparation of regulatory notices and other filings.
Advised multiple pharmacy benefit managers and insurers on compliance concerns raised by state regulators pursuing inquiries on PBM and pharmacy claims processing practices, including issues specific to specialty drug arrangements, MAC pricing, and compliance with state-specific insurance requirements.
Represented a health care system in a DOJ investigation and litigation involving allegations of violations of the Anti-Kickback Statute and Stark Laws with respect to physician compensation.
Provided compliance advice on fraud and abuse issues to the world’s largest biotech company with differentiated medicines in oncology, virology, inflammation, and metabolism and the world leader in in-vitro diagnostics and tissue-based cancer diagnostics.
Represented a long term care provider in an internal investigation involving drug diversion by facility nurses.
Researched and analyzed state pharmacy laws relating to licensing, patient choice, mail order pharmacies, autorefill programs, and refills by mail and labeling for a nonprofit organization that provides reproductive health care.
Represented an American retail and pharmacy chain in an antitrust class action alleging unfair restriction for participation in a Rhode Island pharmacy network. We obtained summary judgment for the defendants, which was affirmed on appeal.
Represent Urgent Care Centers of New England d/b/a CareWell Urgent Care, a venture-backed company that develops, operates, or manages urgent care centers, in connection with the Company's roll-out of urgent care centers and joint venture models.
Successfully negotiated a settlement for our client, Medical Acquisition Company, a lien management and medical funding company specializing in third-party liability tort cases, in a class action alleging TCPA violations.
Represented a leading academic health system with respect to the creation and operation of a contract manufacturing organization (CMO).
Represented a large academic health system with respect to its participation in a data aggregation and commercialization joint venture, and its innovation programs.

Mintz Boosts Recovery for Bondholders in Bankruptcy of Iowa Hospital

Mintz used a multifaceted strategy to achieve a substantial recovery for a bondholder representative and indenture trustee of two series of bonds totaling $63 million in connection with the bankruptcy of Iowa City, Iowa–based Mercy Hospital.

Mintz Advises Digital Health Company in Chronic Care Management Space

Mintz has advised a digital therapeutics company focused on the management of chronic conditions on complex state and federal regulatory landscape, key contracts, FDA rules, and privacy and data security issues.

Advised Health Care Analytics Software Provider on Health Data Access Rights

Mintz advised a health care analytics software provider on its rights to health data and the compliance responsibilities of electronic health record (EHR) vendors under the National Coordinator for Health Information Technology (ONC)’s Information Blocking Rule.

Mintz Assists with $460 million Bond Financing for MGB

A cross-practice Mintz team, led by several Public Finance Members, assisted Mass General Brigham in a $460 million publicly offered tax-exempt bond financing. The transaction marked the not-for-profit, integrated health care system’s return to the public debt market after nearly four years.

The Mintz 2021 Mid-Year, Mid-Market Private Equity Report

View our new report for insights on emerging trends and opportunities in the private equity mid-market. Edited by Mintz’s David Conway and Katya Daniel, the report covers the shifting PE marketplace — including factors pointing to continuing deal growth.

BREAKING DOWN THE SPAC SURGE: A Review of Key Trends & Issues Defining the Phenomenon

Mintz analyzed PitchBook data to produce an in-depth report on the record rise in special purpose acquisition company (SPAC) fundraising in the US since 2020 and the recent increase in SPAC merger activity. We also explore how SPACs could evolve and litigation challenges to SPAC IPOs and transactions.

ImmunoGen Secures $200M Partial Sale of Royalty Interest in Kadcyla with “Cap and Tail”

Mintz represented ImmunoGen in a $200 million non-dilutive royalty transaction of its interest in Kadcyla with funds managed by TPG Special Situation Partners.

Intarcia Secures Novel $300M Synthetic Royalty Financing with Equity Conversion Option at $5.5B

In the first transaction of its kind, Mintz represented Intarcia Therapeutics in two synthetic royalty financings with an equity conversion option valued at $5.5B for ITCA 650.

Ariad Raises $200 Million in Synthetic Royalty Financing with PDL BioPharma

Mintz represented ARIAD Pharmaceuticals in a synthetic royalty financing in which PDL BioPharma agreed to provide up to $200 million in revenue interest financing to ARIAD in exchange for royalties on worldwide net revenues of Iclusig (ponatinib).

FDA Team Helps Novel Therapeutic Developer Obtain Orphan Drug Designation

Mintz advised Glia, LLC on its successful bid to obtain orphan drug status from the FDA for its topical gel to treat ocular Graft-versus-Host Disease. The disease can affect stem cell or bone marrow transplant recipients and cause intense eye pain, ocular degeneration, and blindness.

MGH/Mass General Brigham Monetize Entyvio Royalties

Mintz represented Massachusetts General Hospital and Partners HealthCare in a deal that enables them to monetize part of their royalty interests in Entyvio, an antibody used to treat digestive diseases, to invest in research. Royalty Pharma paid $94 million in the true sale roll-up transaction.

Mintz Represents Management Team in $3.3B Investment Transaction

Attorneys Andrew Bernstein and Alex Song represented the CEO and senior officers of a global data and technology company in a $3.3B investment transaction involving negotiations with two private equity funds.

Bondholders’ Impairment Averted in Health Care Bankruptcy

Mintz represented bondholders and the trustee of two municipal debt issuances totaling $21 million in a bankruptcy case dispute about the borrower’s attempts to modify the terms of the bonds. Mintz persuaded the borrower to amend its improper proposal — and the bondholders received payment in full.

Major Academic Medical Center Negotiates SaaS Transaction

Mintz attorneys served as lead lawyers in the negotiation of a transaction for the procurement of a software as a service (SaaS) care management platform. The resulting arrangement greatly bolstered our client's bottom line.

Defending a Lab in a DOJ FCA Investigation

A laboratory that provides testing services hired Mintz as defense counsel when it received a DOJ Civil Investigative Demand in 2017 after whistleblowers initiated qui tam cases against the lab. Mintz helped the company produce documents and drafted responses to interrogatories.

Fraud & Abuse Work Proves Crucial for Pharmacy Provider

Mintz’s Health Law team conducted a compliance audit for a pharmacy provider regarding pharmacy, Medicaid, and Medicare issues and False Claims Act and other risks. Mintz also assisted with disclosures to the Office of the Inspector General for the Department of Health and Human Services (OIG).

Collaboration & Experience Facilitates Transfer of Ownership

Mintz’s Health Law Practices collaborate with Corporate, Tax, employment, Real Estate, and Environmental attorneys on transfers of ownership of long-term care facilities and regulated senior care or assisted living residences.

Company Experiences Large-Scale Data Breach

Mintz advised a Fortune 500 company that provides clinical laboratory services on a data breach involving more than 30,000 patient records. Mintz worked with the client’s in-house counsel and IT security team, managed third-party forensic expertise, and advised the company on federal and state laws.

National PBM Reaches Service Agreement with Health Insurer

Mintz represented a national pharmacy benefit management (PBM) provider in the drafting and negotiating of a $4 billion, 10-year PBM services agreement with a national health insurer. Mintz provided transactional and regulatory counsel and state, federal, and Medicare Part D compliance advice.

Lab Establishes Data Repository to Support Cancer Care

Mintz represents a clinical laboratory provider of complex pathology testing with an R&D program focused on personalized medicine. Mintz helped the client establish a collaborative data repository model for health care providers and researchers.

Mintz Assists Organizations across the Nation with EGWPs

Mintz has worked with both Medicare Advantage Organizations and Part D plan sponsors across the United States to assist them in offering MA-PD and Part D EGWPs. Mintz attorneys help these clients submit applications to CMS, ensure compliance with CMS guidelines, and resolve ERISA issues.

DMPO Seek Deep Knowledge of Pharma Industry

Mintz has advised a discount medical and pharmacy service company since its 2014 inception. Mintz attorney counsel the company on contractual arrangements, acquisitions, strategic initiatives, and all aspects of federal and state regulatory requirements.

Radiology Group Expands Operations Nationwide

Mintz has been lead transaction counsel for a large radiology group practice since its April 2013 inception, including for major acquisitions in Texas, Arizona, California, and Louisiana. Mintz has also led debt and equity refinancings for the client totaling more than $1 billion in capital.

Investigation and Qui Tam Matter against NY Health System

Mintz helped a health network and its two hospitals achieve a civil resolution and $4 million settlement of a federal and state criminal and civil investigation regarding the False Claims Act, Anti-Kickback Statute, and Stark Law.

Leading Health Care Tech Company Moves North American HQ

Mintz represents health care technology company Royal Philips of the Netherlands in real estate matters. Mintz attorneys assisted Philips with a Massachusetts lease at Cambridge Crossing, a Cambridge-Somerville development, for the company's new North American headquarters.

Assistance in Acquisition of Long-Term Care Pharmacy

Mintz advised a health care company on due diligence, structuring, and documentation related to the acquisition of a 13,000-employee long-term care pharmacy. Mintz attorneys counseled the client on privacy, regulatory, and licensing requirements.

Advised Investors in Kindred Healthcare Acquisition

Mintz is advising a consortium of investors in their approximately $4.1 billion acquisition of Kindred Healthcare, Inc. Mintz collaborates with corporate counsel and provides regulatory analysis for the deal, which will create two stand-alone companies.

Collaborate with Clients to Comply with the MA HPC

Mintz regularly represents clients before the Massachusetts Health Policy Commission (HPC). Mintz assists clients with HPC Notice of Material Change filings for transactions and compliance matters and prepares health care executives and leaders for testimony and hearings.

Lead Counsel to BIDMC in EHR Platform Sale to Athenahealth

Mintz was lead counsel to Beth Israel Deaconess Medical Center in the sale of BIDMC’s hospital-built electronic health records platform to Athenahealth. Mintz also helped negotiate an agreement for BIDMC’s physician network to use the multiuse Athena’s platform.

University Physicians Joins Strategic Affiliation

Mintz helped University Physicians, Inc. practice plans that serve the Warren Alpert School of Medicine of Brown University (SOM) and Rhode Island Hospital reorganize as Brown Physicians, Inc. (BPI). The affiliation created a close relationship among SOM, BPI, and the six faculty practice plans.

CareWell Establishes Urgent Care Centers

Mintz represents Urgent Care Centers of New England, Inc. and CareWell Urgent Care Centers of MA. Mintz helped CareWell set up its first licensed urgent care center in Massachusetts and helped CareWell, UCCONE, and a third party establish a joint venture to own several CareWell urgent care centers.

Essential Experience for the LTC Voluntary Closure Process

Mintz assists with closures of post-acute care or residential facilities, including skilled nursing facilities, long-term acute care hospitals, and assisted living residences. Mintz’s Health Law attorneys work with the firm's Public Finance and Bankruptcy & Restructuring to address debt.

Team's Post-Acute Business Know-How Drives Efficiency

Mintz Health Law attorneys assist clients in the post-acute business with complex regulatory issues. Mintz attorneys conducted an internal investigation for a client regarding a possible drug diversion and assisted with reports to state and local regulatory and law enforcement authorities.

Health Law Team is Trusted Advisor to Boston-Based System

Mintz represents a major Boston-based health care system that includes academic medical centers, community hospitals, physician practices, and a managed care plan. Mintz attorneys helped the system establish a specialty pharmacy and developed new provider contract templates for the health plan.

Advising Health Plans on CMS Plan Requirements & Applications

Mintz has represented multiple health plans seeking to contract with the Centers for Medicare & Medicaid Services (CMS) to offer Medicare Advantage Plans, Part D Plans, or both. Mintz attorneys assist health plans with the CMS application process, notices of deficiencies, and application denials.

Provided Regulatory Advice to a Pioneer in Telehealth Technology

Mintz’s Health Law attorneys advised telehealth technology company American Well on state regulatory issues related to developing a national medical group with 24 / 7 availability. The firm’s Corporate attorneys handled the technology licensing and contracts with partners.

Digital Health Company Seeks Guidance in Navigating FDA Policy

Mintz helped a digital health company develop corrective actions following a manufacturing inspection related to its Class 1 medical device. After the FDA deemed the company’s health tracking mobile application a regulated device, Mintz submitted an advocacy position paper to the agency.

Medical University Examines its Relationships with Faculty Plan

Mintz is helping a university and its medical school analyze its relationships with its affiliated academic faculty practice plan and teaching hospital. Mintz attorneys are counseling the parties on ways to structure their contractual arrangements to ensure compliance with the Stark Law.

Fortune 500 Company Avoids Legal Action in Investigation

A Mintz attorney assisted a Fortune 500 company with a multistate investigation of a data breach involving credit, debit card, and check information. The client avoided government enforcement action and obtained complete dismissal of a class action. Mintz counseled the company on risk management and response.

Hospital Data Breach Affects 800,000

Mintz defended a major Massachusetts hospital against federal and state regulatory enforcement actions and class actions following a breach that affected 800,000 people. Mintz also litigated against companies responsible for the loss of data and managed risk assessments under HIPAA and HITECH.

Federal Circuit Success For NextGen Healthcare

Mintz’s US Court of Appeals for the Federal Circuit win for NextGen affirmed a lower court’s dismissal of a patent infringement case targeting NextGen’s Patient Portal program. The appellate court affirmed that patents directed to longstanding methods of organizing human activity are unpatentable.