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
Health Mergers and Acquisitions
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5 Questions with a Health Lawyer: Dana Dombey

Dana Dombey
Practice Focus Area: Healthcare M&A
Office: Miami
Years at Firm: 8 years

What is your favorite part about practicing healthcare law at McDermott?
Without question, our team. I am fortunate to have the opportunity to learn from and collaborate with colleagues who are both the top experts in the field and people of the highest caliber, who deeply care about each other and who I can call good friends.

I also really enjoy the creative problem-solving aspects of the job, which comes up frequently in both my transactional and regulatory practices as well as the opportunity to collaborate with colleagues to navigate complex issues for clients.

What is the biggest opportunity and greatest challenge facing clients in your area of focus today?
I generally work with healthcare providers and investors in the healthcare industry, including private equity funds, on transactional and regulatory matters. Our clients have the opportunity to be at the forefront of innovative technologies, care delivery models, and collaboration in a rapidly evolving industry where even the smallest of players can have a significant impact. From my perspective, the biggest challenge facing healthcare investors is the increasingly competitive, seller-friendly market. With only a limited number of assets available for investments, we work closely with our healthcare investor clients to develop creative value propositions for healthcare providers and founders of healthcare companies.

What kind [...]

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Investing in Global Healthcare

Today’s global healthcare marketplace is marked by unprecedented transformation. This presents both challenges and opportunity to today’s market participants. We know how important it is to structure cross-border investments and transactions to account for complex and ever-shifting regulations.

Within this dynamic environment, our health lawyers wield a deep knowledge of how healthcare services, medical technology and pharmaceuticals are delivered around the world, and how the laws that affect those entities and that help drive action are creating the market of tomorrow.

Bringing this experience and commercial focus together we are proud to present the Global Guide to Investing in Healthcare. Our one-stop resource is here to guide you through the healthcare systems of key jurisdictions, helping you to explore the regulation and provision of healthcare services, merger and foreign investment control, anticipated changes in healthcare and life sciences law, and much more.

Click here to visit our interactive report, and start exploring the opportunities and challenges for your business today.




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5 Questions with a Health Lawyer: Esther Chang Weese

Esther Chang Weese
Practice Focus Area: Health
Office: Los Angeles
Years at Firm: 18 years

What is your favorite part about practicing healthcare law at McDermott?
Hands down – the people. I started at McDermott as a summer associate in 2002, and I tell potential recruits all the time that there is no other big law firm that I would rather practice at because of the team we’ve built at McDermott – the quality and the character of the people here are bar none. I also enjoy that I am still learning and being challenged, because at McDermott, we are advising clients who are on the cutting edge of innovation and change in the healthcare industry.

What is the biggest opportunity and greatest challenge facing clients in your area of focus today?
Two thoughts on this: first, the pandemic accelerated the use of digital tools and we’re seeing some of our clients trying to figure out how to more effectively implement virtual care, get paid for it and grow their telehealth networks. Second, while we have seen continued physician group mergers and acquisitions, we are also seeing some pushback on these consolidation efforts by regulators. For example, here in California, Assembly Bill 1132 (initially introduced in February 2021) would have required California Attorney General review of certain healthcare provider transactions (including transactions involving medical groups) with a value of three [...]

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Hospital and Health System Innovation Summit: Lessons Learned: Diligence, Detours and Data, Oh My

Industry leaders shared first-hand lessons learned from their work on recent innovation related projects. We covered a range of case studies, highlighting lessons learned around mission alignment, conflicts of interest, diligence considerations, data ownership and de-identification, and strategies for protecting a minority investor.

Below are the top takeaways for Hospital and Health System Innovation Summit: Lessons Learned: Diligence, Detours and Data, Oh My, click here to access the full webinar.

Access the PDF here.

Mission Alignment
It is essential for a hospital and health systems to adopt a formal innovation strategic
plan that aligns with its overall strategic mission and vision and clearly articulates it
specific innovation goals and prioritizes focus areas. Hospital and health systems
pursue innovation initiatives largely to support the clinical mission and drive revenue
growth and diversification. “I think that alignment with the strategic mission of the
organization is key because that really drives and helps shape the culture of innovation
as an organization. We define innovation in terms of in three buckets, the research
based, hospital based and external or open innovation,” said Kolaleh Eskandanian,
Vice President and Chief Innovation Officer, Children’s National. “So research based
is the traditional model of a [...]

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After the Curve Podcast: Focus on Transactions

The lasting impact of COVID-19 on healthcare transactions is multifaceted and has rapidly altered the trajectory of the dealmaking landscape as well as business collaborations. On this episode of the After the Curve podcast, we discuss how the COVID-19 pandemic is affecting healthcare transactions today, as well as the outlook for the healthcare deal landscape post-COVID-19. McDermott’s Chief Marketing Officer Leslie Tullio is joined by Jed Spielman and Kevin Miller to discuss topics surrounding the impact of the pandemic on healthcare transactions, including:

  • The sectors of the healthcare industries that are most likely to experience a surge in deal volumes and why
  • COVID-19-induced programs that have altered the way healthcare transactions are getting done
  • Which transformational aspects of transaction protocol are most likely to carry into the post-COVID-19 future
  • Insights from the transactions perspective and a look at the most promising upcoming collaborations
  • Advice for dealmakers and healthcare leaders who are looking to effectively adjust their portfolios in a post-COVID-19 environment

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Public Hospital M&A: Know Your Stakeholders

Hospital transactional activity has soared over the last decade, and many public hospitals are evaluating M&A opportunities against the backdrop of the Coronavirus (COVID-19) pandemic. In our previous post on public hospital M&A, we discussed financial pressures on public hospitals, trends driving M&A, and external factors shaping public hospitals’ choices of M&A partners and formats. In this installment, we’ll cover strategies for gaining stakeholder buy-in as hospital board members, senior leaders and advisors move through the transaction process. For a deeper dive into these topics, listen to our podcast, Driving the Deal: Public Hospital M&A and Stakeholder Buy-In.

Stakeholders: Who’s Who

Public hospital M&A is a team sport. Assessing and advancing a potential deal involves engagement with a wide variety of stakeholders, each with their own perspectives, objectives and priorities. Key players can include elected public officials, community leaders, hospital management and board members, physicians, employee unions, patients and the general public. It is critical to navigate the diverse viewpoints of these important stakeholders without ceding decision-making to a non-fiduciary.

As a first step in navigating that challenge, hospital boards should distinguish between stakeholders that have the right to approve or deny the proposed transaction, and those that are important to the deal’s success but do not have approval authority. Depending on the jurisdiction and deal structure, the former category of stakeholders could include the local municipality’s board, the State Attorney General or even registered voters, in the case of a public [...]

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What are the Life Science Transaction Trends in the Wake of the Sanitary Crisis?

In the second installment of McDermott’s webinar series, HPE Europe 2020: What are the Life Science Transaction Trends in the Wake of the Sanitary Crisis?, moderator and McDermott partner Emmanuelle Trombe and industry experts Joseph El Khoury of Natixis, Cédric Garcia of EY’s Life Science Group, Dr. Erich Tauber of Themis Bioscience and Daniel Teper of CYTOVIA Therapeutics shared lessons learned from the first half of 2020, when COVID-19 changed the world. The panelists also discussed the outlook for life sciences transaction trends in the second half of the year and beyond.

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Five Questions with a Health Lawyer: Larry Guess

Larry Guess
Partner
Office: Chicago
Years at the Firm: 6 years

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

My favorite part of practicing healthcare law at McDermott is the complexity of our client matters and working with my colleagues to get great results for our clients. The healthcare industry is constantly changing and innovating, and our clients engage us to help them adapt to these changes and maximize innovation in the space.

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

The biggest opportunity facing our clients is the bullish investment perspective in the healthcare industry. Currently, there are buyers with a tremendous amount of capital to deploy and sellers looking to maximize current market conditions. The healthcare transactional climate is very dynamic and certain clients are willing to invest in more risky assets. While the payoff can be substantial, the speed and complexity of these transactions can be very challenging for clients.  McDermott’s healthcare group excels in delivering value to our clients by managing the speed of transactions while navigating complex regulatory regimes, enabling our clients to understand the risk associated with a particular investment and opportunities to maximize returns.

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: Megan Rooney

Megan Rooney
Partner
Office: Chicago
Years at Firm: 13

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

The team, the team, the team! It’s a pleasure to work with colleagues who have deep substantive expertise, prioritize client service, and are good human beings. As a healthcare M&A attorney, I am responsible for leading large teams of attorneys, including a variety of subspecialists, to drive efficient and effective outcomes and achieve business goals. I love knowing that, in nearly every instance, when an issue arises we have the specific expertise to handle it and there is no need to reinvent the wheel.

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

Our hospital and health system clients have a tremendous opportunity to improve the delivery of patient care, expand services provided to their communities and defend against the challenge of declining reimbursement through strategic partnerships. In addition to traditional hospital and health system M&A, our hospital and health system clients are increasingly pursuing Collaborative Transformations – that is, partnerships with non-traditional health care players. A successful Collaborative Transformation takes cultural integration between non-traditional partners, incorporating new technologies into health care regulatory compliance structures, and so much more.

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Key Considerations for a Seamless Practice Acquisition

For physician practice management (PPM) organizations going through an acquisition processes – whether by a physician group or a private equity firm – one idea should remain top-of-mind: integration must start before the closing.

The Harvard Business Review states that 70 to 90 percent of acquisitions fail because of integration issues, noting that “companies that focus on what they are going to get from an acquisition are less likely to succeed than those that focus on what they have to give it.”

Working toward a smooth transition for employees from day one will not only help boost morale, but also contribute to the value-add of your PPM. With that in mind, below are four key considerations to help implement an efficient and effective integration strategy, ensuring a seamless transition before, during and after the deal is done:

  1. Put Your People First – As we explored during our annual PPM/ASC Symposium back in March, the first step and greatest challenge in practice integration is ensuring cultural compatibility. For practices with workers that have different working styles and expectations, merging could cause friction points and potential turnover for those dissatisfied with the new conditions. Ensuring systems are in place for immediate employee inclusion is critical. This can begin with something as simple as including them in all-staff communications and keeping them up to date of what’s happening at the company. Feedback systems where merging workforces can share their insights and recommendations can also [...]

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