HEALTH & LIFE SCIENCES NEWS
HEALTH & LIFE SCIENCES NEWS
Exploring Critical Business and Legal Issues across the Healthcare and Life Sciences Industries
HEALTH & LIFE SCIENCES NEWS
Exploring Critical Business and Legal Issues across the Healthcare and Life Sciences Industries
5 Questions with a Health Lawyer
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5 Questions with a Health Lawyer: Gregory E. Fosheim

Gregory Fosheim, JD, MPH
Practice Focus Area: Healthcare and Life Sciences
Office: Chicago, IL
Time at Firm: 2.5 years

What is your favorite part about practicing healthcare and/or life sciences law at McDermott?
There’s a reason why everyone answers this question with “the people.” The cadre of attorney and business professionals I have the privilege of working with every day is truly extraordinary, each of whom is exceedingly generous with their time and support, despite overwhelming workloads themselves. Everyone understands the healthcare and life sciences landscape and has an unapologetic passion toward doing impeccable work with the utmost professionalism and a healthy dose of humor and humility. It felt like I was given a parachute on my first day that allowed me to take leaps of faith to expand my practice into new areas of focus with the reassurance of a soft landing if I had any questions or challenges. Everyone is an integral member of the team and it shows.

What is the biggest opportunity and greatest challenge facing clients in your area of focus today?
We have an exhausted industry caring for an exhausted nation. The challenges today are the same challenges that the American healthcare system has had for decades: How to innovate? How to differentiate? How to collaborate? Now that we are more than a year into the global COVID-19 pandemic, [...]

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5 Questions with a Health Lawyer: Brian R. Stimson

Brian Stimson
Practice Focus Area: Enforcement and Litigation
Office: Washington, DC and Atlanta, GA
Time at Firm: 3 months

What is your favorite part about practicing healthcare law at McDermott?
I love the entrepreneurial culture of McDermott and the satisfaction that comes with finding creative ways to help clients solve problems. I also love the breadth and depth of the expertise and thought leadership at the Firm. I am continually amazed by the culture and capabilities at McDermott and I am excited to be a part of the team.

What is the biggest opportunity and greatest challenge facing clients in your area of focus today?
Uncertainty. The pandemic affected how health sector clients conduct business and has had wildly different financial consequences for the industries within the sector. It is unclear whether those economic changes will prove temporary or permanent. At the same time, there have been significant political changes at the federal level that will have policy, oversight, and enforcement consequences for the health sector. The clients who can successfully navigate this period of rapid political and economic change have an opportunity to accelerate out of the pandemic. We are uniquely equipped at McDermott to help clients capitalize on the uncertainty.

What kind of client work gets you most excited when it comes across your desk?
It is a tie between False Claims [...]

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5 Questions with a Health Lawyer: Andrea-Gale Okoro

Andrea-Gale Okoro
Practice Focus Area: Healthcare Transactions and Life Sciences
Office: Boston
Years at Firm: 3

What is your favorite part about practicing healthcare law at McDermott?
Prior to summering at McDermott, I interned at a firm client, who fondly recalled that McDermott gave prudent and practical advice. That has remained the case since I started working here and it’s one of my favorite aspects of McDermott. I really appreciate working with and being mentored by attorneys who are not only at the top of the market in terms of their healthcare legal expertise but, also provide clients with practical advice that doesn’t inappropriately push the envelope. McDermott healthcare attorneys do a remarkable job of being bold and creative, but not unnecessarily exposing our clients to risk.

What is the biggest opportunity and greatest challenge facing clients in your area of focus today?
It’s well-known that healthcare services in this county are becoming unsustainably costly for consumers and providers alike. This is due, in part, because of the squeeze on supply and rampant inefficiencies. Because of this, stakeholders across the healthcare space – and even outside of the healthcare space – are constantly seeking ways to provide efficient, high-quality care. I see clients feel the pressure to collaborate with and/or acquire providers in order to reduce overhead costs, secure better reimbursement rates, and stay competitive. These factors have driven rapid consolidation in the [...]

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5 Questions with a Health Lawyer: Christopher M. Olson

Christopher M. Olson
Practice Focus Area: Health – Transactions
Office: Los Angeles
Years at Firm: 7

What is your favorite part about practicing healthcare law at McDermott?
My favorite part about practicing healthcare law at McDermott is meeting and working with the top individuals in the healthcare industry. Both the clients and the McDermott attorneys are at the forefront of the healthcare industry. The projects that come across my desk are complex and often address the most pressing issues for clients. Working with top attorneys to devise innovative solutions to these challenges is my favorite part about practicing healthcare law at McDermott.

What is the biggest opportunity and greatest challenge facing clients in your area of focus today?
One of the greatest challenges facing hospitals and health systems in California is determining if a sale or joint venture is in their best interests. The California Attorney General has recently taken a more proactive approach when reviewing non-profit hospital transactions in California, making it more difficult to ascertain the effects of a transaction. In addition to imposing generally expected conditions such as requiring certain annual levels of charity care or that hospital service lines remain open for 10 years post-closing, the California Attorney General recently imposed a number of competitive impact conditions that limit how the target hospital can integrate with the acquiring hospital post-closing. These competitive impact conditions include requiring [...]

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Five Questions with a Health Lawyer: Justin P. Aiello

Justin P. Aiello
Practice Focus Area: Healthcare M&A
Office: Miami
Years at Firm: 7

What is your favorite part about practicing healthcare law at McDermott?
The wealth of knowledge maintained by our more than 120 attorneys who are dedicated to practicing healthcare law. Healthcare law comprises dozens of subspecialties and most of our client matters require a broad understanding of multiple subspecialties to provide exceptional advice. No single person can be knowledgeable in every subspecialty. It is our group’s collective practice, in nearly every healthcare subspecialty, that enables our attorneys to provide comprehensive, seamless advice regarding our clients’ healthcare investments.

What is the biggest opportunity and greatest challenge facing clients in your area of focus today?
The biggest opportunity still seems to be consolidation—perhaps the simplest and most reliable investment thesis. Despite all of the consolidation in the healthcare industry over the last couple of decades, the physician practice space remains highly fragmented with ample opportunity for gaining competitive advantages and cost savings through scale while still delivering excellent patient care. The biggest challenge (and perhaps also an opportunity) may come with the shift from fee-for-service to value-based reimbursement and its potential impact on the financial modeling on which many investment decisions have been based.

What kind of client work gets you most excited when it comes across your desk?
I enjoy representing our private equity clients in their initial platform investments in physician practice [...]

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Five Questions with a Health Lawyer: Emily Jane Cook

Emily Jane Cook
Practice Focus Area: Federal and State Healthcare Regulation and Reimbursement
Office: Los Angeles
Years at Firm: 11

What is your favorite part about practicing healthcare law at McDermott?
Without a doubt, it is the people – both our clients and my fellow McDermott attorneys. Due to the nature of our work we are on the phone (and now video!) for many hours every day, often discussing extraordinarily complex issues. The work itself is rewarding, made even more so when done in collaboration with such brilliant clients and colleagues.

What is the biggest opportunity and greatest challenge facing clients in your area of focus today?
The answer to both is “change.” Federal and state fee for service programs have been around for decades, but they are always changing. The constant change provides both risks and opportunities for our clients, but often whether or not a particular change may be a risk or an opportunity is unclear – or may be different for different clients. Keeping on top of all of the changes – both proposed and actual is endlessly challenging for our clients. Helping them sort through the ever-changing laws, regulations and guidance is one of the many ways in which we provide value to our clients.

What kind of client work gets you most excited when it comes across your desk?
The type of work [...]

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5 Questions with a Health Lawyer: Steven J. Schnelle

Steven J. Schnelle
Practice Focus Area: Healthcare
Office: New York
Years at Firm: 2.5 years

What is your favorite part about practicing healthcare law at McDermott?

Without a doubt, the people! Every day I have the pleasure and honor of working with brilliant and unique colleagues that recognize and appreciate one another’s contributions to our team, both personal and professional. And I’m not just talking about my colleagues with signatures bearing the McDermott logo—our clients are doing amazing things and give us the opportunity every day to engage creatively and collaboratively to make a difference. There’s nothing better than celebrating an achievement with people you care about!

What is the biggest opportunity and greatest challenge facing clients in your area of focus today?

I think they’re one and the same—the dynamism of the healthcare system in the United States. With constantly evolving laws, regulations, interpretive guidance, enforcement priorities, judicial precedent, industry players and trends, there’s never a slow moment in healthcare. Companies that can anticipate and respond to these changes enjoy tremendous tailwinds, while those that become entrenched in the status quo stand to lose out. Our clients benefit from McDermott’s deep bench of accomplished healthcare attorneys who often play a central role in these changes, giving our teams highly developed insights as these changes happen.

What kind of client work gets you most excited when it comes across your desk?

Work that involves existential issues, or issues that implicate entire business lines, is particularly exciting for [...]

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Five Questions with a Health Lawyer: Nicholas Alarif

Nicholas Alarif
Office: Washington, DC
Years at Firm:  3

What is your favorite part about practicing healthcare law at McDermott? 

I hate to sound like a broken record, but the best part about practicing at McDermott is the innovative and collaborative culture. I have found that McDermott fosters a team-based approach to solving client issues. The opportunity to interact with experts in so many disciplines and sub-disciplines to achieve common goals for our clients has been fantastic. Further, I have found that my colleagues are open to new approaches to tackle client issues and are always happy to streamline internal processes. Innovation is not what you typically think of in a law firm environment, and McDermott’s embrace of change makes for an exciting and fun place to practice.

What is the biggest opportunity and greatest challenge facing clients in your area of focus today? 

The biggest opportunity and greatest challenge may actually be the same—a shifting regulatory landscape. For instance, the Centers for Medicare and Medicaid Services and the Office of Inspector General recently published proposed revisions to the physician self-referral law (Stark Law) and the Anti-Kickback Statute (AKS) regulations, which, among other things, are attempting to foster transitions from fee-for-service medicine to value-based care. These proposed changes will potentially allow providers broader flexibility when engaging in financial relationships with a value-based goal. The proposed changes present [...]

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Five Questions with a Health Lawyer: Matt Perreault

Matt Perreault
Office: Boston
Years at Firm:  2

What is your favorite part about practicing health care law at McDermott? 

As so many of my colleagues have expressed throughout this series, my favorite part of practicing healthcare law at McDermott is being a member of a collaborative and collegial team that is advising our diverse clients on their most critical and pressing issues.  Having spent much of my career in-house, I have experienced firsthand how McDermott’s approach to client service, anchored in humility, empathy and practicality, consistently delivers differentiated value and results for our clients.

What is the biggest opportunity and greatest challenge facing clients in your area of focus today? 

I believe that the transition to value-based arrangements will continue to accelerate. Collaborative Transformations will proliferate and present both tremendous opportunities for, and challenges to, traditional healthcare providers. Hospitals, health systems and other providers who embrace the challenges and opportunities presented by this paradigm shift will reap the benefits of their investments.  Those who resist this cultural change risk losing ground and market share to their competitors.

What kind of client work gets you most excited when it comes across your desk? 

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Five Questions with a Health Lawyer: Joe Parise

Joe Parise
Partner
Office: Boston
Years at Firm: 6

What is your favorite part about practicing healthcare law at McDermott? 

In short: the people. I have always had a cross-office practice, and as a result have been lucky enough to work with many different attorneys within the Health practice group. I am constantly impressed by the depth and breadth of experience that the group offers, as well as the creativity and thoughtful approach that our attorneys bring to tricky client issues. Being surrounded by talented attorneys (from the senior partner to the junior associate ranks) makes me want to “raise my game” and, I think, brings out the best in each of us.

In addition to the professional qualities, I am grateful for the fact that our attorneys bring a positive attitude each and every day, and create an enjoyable working environment. I have made some great personal connections over the years, and consider many of my colleagues to be good friends.

What is the biggest opportunity and greatest challenge facing clients in your area of focus today?

For the most part, I work with healthcare services providers and those that invest in such providers. I think the biggest opportunity for my clients relates to innovation in healthcare services delivery. Embracing new technologies (including those related to telehealth), optimizing the collection and [...]

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