Brian’s practice focuses on transactions in health care and life sciences, and the regulatory triage related to such transactions. He represents managed care companies, academic medical centers and medical schools, non-academic hospitals, non-hospital providers, contract manufacturing organizations, investors in health care and life sciences, including venture capital funds, private equity funds and hedge funds, life sciences companies, and health care information technology companies. For nearly 40 years, Brian has advised clients with respect to mergers, acquisitions and divestitures, financings, investments, licensing, joint ventures, innovation programs, strategic alliances and partnerships, governance structures, 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 a prestigious academic medical 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. We 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.
- Represented a leading academic health system with respect to the creation and operation of a contract manufacturing organization (CMO).
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Represented a commercial CMO with respect to various cell therapy clinical and commercial manufacturing agreements, including with large pharmaceutical and biotechnology companies.
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Represented a large academic health system and affiliated medical school in connection with an investment in, and beta test agreement with a data analytics company.
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Represented a non-profit managed care organization in connection with the sale of an affiliate operating in an adjacent state, and the withdrawal from market, runout of liabilities, wind down and dissolution of such affiliate.
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Represented a large academic health system with respect to its participation in a data aggregation and commercialization joint venture, and its innovation programs.
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Represented a large hedge fund in connection with an alternative financing of and possible investment in a non-profit managed care plan.
Recognition & Awards
- Chambers USA: New York – Healthcare (2011 – 2020)
- Nightingale's Healthcare News: Outstanding Healthcare Transaction Lawyer (2007)
- Best Lawyers in America: Health Care Law (2016 – 2021)
- Included on the New York Super Lawyers: Health Care list (2018-2020)
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
Massachusetts DPH Issues Guidance On the Sunshine Act's Preemption of "Gift Ban" Law
January 6, 2012 |Blog
News & Press
Events
Viewpoints
The Evolution of Private Equity Investment in Health Care
December 5, 2018 | Video | By Brian J. Platton
Massachusetts DPH Issues Guidance On the Sunshine Act's Preemption of "Gift Ban" Law
January 6, 2012 | Blog | By Brian Dunphy
News & Press
Mintz Recognized by Chambers USA 2019
April 26, 2019
Chambers USA 2018 Ranks Mintz Attorneys & Practices
May 03, 2018
