Brian’s practice focuses on health care and life sciences, and he has over 35 years of experience working on transactions involving health care and life sciences entities. He represents managed care companies, insurers, academic medical centers, hospital systems, investors, including venture capital and private equity funds, life sciences companies, and information technology companies.
His experience includes mergers and acquisitions, joint ventures and strategic alliances, financings, investments, licensing, governance structure and relationships, marketing arrangements, services arrangements, outsourcing, and other contracting.
Brian has presented on panels on behalf of organizations as the Practising Law Institute, the American Bar Association, and the New York State Bar Association.
During law school, he served as executive editor of the Journal of International and Comparative Law.
Education
- New York Law School (JD)
- State University of New York (BA)
Experience
- Represented a large and prestigious academic medical system in multiple joint ventures, including one for the research and development of certain cancer therapies; and another with two parties: a software company that has a clinical discovery platform, and a university health science center.
- Represented another large and prestigious academic system in multiple joint venture affiliations with regional hospitals outside of New York City, relating to the medical school’s nationally recognized expertise in assisted reproductive services, including in vitro fertilization. Also, represented certain related fertility physicians in connection with a spinoff of their practice to an independent entity, managed by a private equity backed fertility services company.
- Regularly counsels a large health plan offering Medicare Advantage, Medicaid Managed Care, Commercial, and Managed Long Term Care products on various matters necessary to the growth of the health plan, including mergers and acquisitions, financings, Medicare audits and reporting, ACA benefits and compliance, investigations and executive compensation matters.
- Acted as transaction counsel for a New York-based non-profit organization established in the 19th century that has been providing a broad range of services to the elderly. Our representation related to a strategic partnership and related transactions with a New York-based non-profit organization that is one of the largest and most innovative health systems in the region. We provided all of the necessary services, including advising the Board of Trustees; drafting and negotiating all necessary documentation; conducting due diligence, and providing health regulatory and antitrust advice and counsel, including assisting with the requisite Hart-Scott-Rodino Antitrust Improvements Act (HSR) filing.
- Represented a community-based not-for-profit managed care organization in connection with the transfer of its membership interest in a plan serving over 300,000 enrollees to another not-for-profit health insurer serving more than 613,000 enrollees in the states of New York, Vermont, and New Hampshire.
- Represented one of the largest and most prestigious health systems in New York City in its sale of its outreach laboratory business to a leading, international life sciences company. Our representation included all aspects of the transaction, including drafting and negotiating all necessary documents, providing structuring and health regulatory advice and counsel, and antitrust advice and counsel, including assistance with the HSR filing.
Recognition & Awards
- Chambers USA: New York – Healthcare (2011 – 2019)
- Nightingale's Healthcare News: Outstanding Healthcare Transaction Lawyer (2007)
- Best Lawyers in America: Healthcare Law (2016 – 2020)
- Included on the New York Super Lawyers: Health Care list (2018-2019)
Involvement
- Member, American Health Lawyers Association
- Member, New York State Bar Association
- Member, Health Law Committee, New York City Bar Association
- Member, American Bar Association
Recent Insights
Viewpoints
The Evolution of Private Equity Investment in Health Care
December 5, 2018|Video
Cuomo Issues Executive Order Regarding Limits on Executive Compensation
January 19, 2012|Blog
Massachusetts DPH Issues Guidance On the Sunshine Act's Preemption of "Gift Ban" Law
January 6, 2012|Blog
News & Press
Events
In the "Introduction to Health Law" program, Mintz's Brian J. Platton of Mintz. will provide a comprehensive introduction to this complex area of law.
Viewpoints
The Evolution of Private Equity Investment in Health Care
December 5, 2018 | Video | By Brian J. Platton
Brian Platton discusses the changing landscape of private equity investment in health care, specifically the rise of investments in management entities in Corporate Practice of Medicine states as well as joint ventures and other creative ways to partner with tax-exempt entities.
Cuomo Issues Executive Order Regarding Limits on Executive Compensation
January 19, 2012 | Blog | By Brian J. Platton
After withdrawing nearly identical proposed legislation one day earlier, on January 18, 2012, New York Governor Andrew Cuomo issued an Executive Order directing certain New York State agencies, including the Department of Health, to promulgate regulations that limit the compensation of executives of entities that receive state funding or payments from the state.
Massachusetts DPH Issues Guidance On the Sunshine Act's Preemption of "Gift Ban" Law
January 6, 2012 | Blog | By Brian Dunphy
As discussed in a previous post, CMS recently issued a proposed rule implementing the Sunshine Act, but many pharmaceutical and medical device manufacturers are still trying to determine the scope of their continuing obligations under related state laws, such as the Massachusetts “gift ban” law.
U.S. Supreme Court to Hear Arguments in ACA Cases
December 19, 2011 | Blog | By Brian J. Platton
The U.S. Supreme Court will hear arguments in the cases challenging various aspect of the Affordable Care Act (“ACA”) that are now before the Court.
President Obama Signs Executive Order to Reduce Prescription Drug Shortages
November 1, 2011 | Blog | By Brian J. Platton
On October 31, 2011, President Obama signed and released an Executive Order directing the FDA and the Department of Justice to take actions designed to reduce prescription drug shortages, protect consumers, and prevent price gouging regarding certain prescription drugs.
News & Press
Mintz Recognized by Chambers USA 2019
April 26, 2019
Chambers USA 2018 Ranks Mintz Attorneys & Practices
May 03, 2018
Mintz partner and Massachusetts lawyer Julie Korostoff is one of 49 attorneys recognized as “Leaders in Their Fields” by the 2018 Chambers USA: America's Leading Lawyers for Business guide. Chambers named Korostoff a “Recognized Practitioner” in Technology.
Best Lawyers named 85 Mintz attorneys to its 2018 list of The Best Lawyers in America. In addition, Mintz attorneys Matthew J. Gardella and Samuel M. Tony Starr were named “Lawyer of the Year” in their respective practice areas.
Best Lawyers named 73 Mintz attorneys to its 2017 list of The Best Lawyers in America. Mintz attorneys selected for inclusion in this year’s list span 44 practice areas.
Brian Platton, a Member in Mintz’s New York office, is quoted in this Ambulatory M&A Advisor article discussing what sellers can expect when working with private equity, and what private equity’s expectations are for the sellers.
The 2015 Chambers USA: America's Leading Lawyers for Business guide names 52 Mintz, Cohn, Ferris, Glovsky and Popeo, P.C. attorneys as “Leaders in Their Fields.”
Events
Speaker
Apr
8
2019
Speaker
Apr
9
2018
Introduction to Health Law (Update)
Lawline Webinar
Speaker
Jun
5
2017