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Karen S. Lovitch

Transactions

  • Served as health care regulatory counsel to TPG Capital in its new partnership with existing investors, Summit Partners and Silversmith Capital Partners, to back outpatient behavioral health services provider, LifeStance Health.
  • Advised a consortium of investors led by TPG Capital and Welsh, Carson, Anderson & Stowe in their $4.1 billion acquisition of Kindred Healthcare, Inc. (NYSE:KND) and their $1.4 billion acquisition of Curo Health Services. The Kindred Healthcare transaction was recognized by The Deal as the 2018 Private Equity Deal of the Year.
  • Provided health care regulatory advice to Myriad Genetics, a Nasdaq-listed molecular diagnostics company, in its acquisition of Assurex Health, an informatics-based precision medicine company.
  • Served as health care regulatory counsel to Miraca Life Sciences, Inc., in the sale of the company to Avista Capital Partners.

Investigations

  • Negotiated the settlement of a five-year False Claims Act investigation conducted by multiple U.S. Attorney’s Offices and DOJ’s Civil Division on behalf of a national health care provider. We successfully convinced the Office of Inspector General for the Department of Health and Human Services not to pursue a Corporate Integrity Agreement.
  • Represented a national health care provider in a False Claims Act investigation conducted by the U.S. Attorney’s Office for the Southern District of New York. The government ultimately declined to intervene, and the relator chose to voluntarily dismiss the case.
  • Counseled a specialty laboratory regarding whether and how to make a self-disclosure related to a Medicare overpayment and met with the U.S. Attorney’s Office regarding the self-disclosure, which did not lead to further investigation or enforcement action.
  • Served as lead counsel to two national independent laboratories in a federal investigation of violations of the federal False Claims Act based on billing and sales/marketing practices as well as quality of care allegations. The government filed a notice of non-intervention, and the parties reached a settlement through mediation favorable to the laboratories. 
  • Represented a national health care provider in a False Claims Act investigation conducted by the U.S. Attorney’s Office for the Northern District of Ohio. Following the government’s declination, the court dismissed the case upon the provider’s motion and refused to allow the relator to amend his complaint a second time.
Case Study
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.
Case Study
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.
Case Study
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.
Case Study
Mintz’s COVID-19 Compliance & Enforcement Defense Task Force is closely monitoring and advising clients on criminal and civil enforcement actions related to the COVID-19 relief programs.
Case Study
Mintz has served as national transaction counsel for over 20 years for a Fortune 250 company that is a leading provider of kidney care. Mintz attorneys handle corporate, health care regulatory, employment, litigation, tax, and other related issues for transactions across the country.