Assisted clients on how to respond to growing demands to make their companies and products more sustainable, a goal increasingly being adopted by companies in the health care industry
Antitrust and Trade Regulation
Clark Hill's attorneys successfully assist clients with antitrust issues in litigation, regulatory matters, and transactions. Our attorneys have extensive experience in litigating antitrust issues through trial against competitors, suppliers, and consumers as well as in connection with governmental investigations and enforcement proceedings. Our litigators have achieved favorable results in large and complex antitrust disputes handled through all phases of litigation. In addition, we help our clients with antitrust concerns arising in mergers and acquisitions, strategic transactions, joint ventures, and business operations. Our attorneys have handled matters involving a full array of antitrust issues arising under the Sherman Act, Clayton Act, and Robinson-Patman Act, including monopolization, price fixing, group boycotts and horizontal restraints, non-price vertical restraints, joint venture proposals, and merger reviews and oppositions.
Private Antitrust Litigation
Our attorneys have a long history of successfully assisting clients in the assessment, pursuit, or defense of private antitrust litigation. Our litigation efforts have involved detailed economic assessments of the market effects of the conduct at issue, the merits of existing or potential antitrust claims, and the computation and litigation of antitrust damage amounts and other remedies. Our practice encompasses trial and appellate litigation in state and federal courts, including the United States Supreme Court. Our antitrust litigators have a tradition of antitrust experience and we have been involved in some of the largest and most complex multi-district cases.
Regulatory and Criminal Enforcement
We also assist clients in dealing with the state and federal governmental bodies that oversee antitrust issues from a regulatory and criminal enforcement perspective. We can help clients in dealing with the Federal Trade Commission, U.S. Department of Justice, or United States Attorney’s offices either in the context of regulatory oversight or governmental investigations and prosecutions. In doing so, our attorneys have defended clients in criminal antitrust trials and have helped clients to favorably resolve regulatory antitrust investigations.
Commented on EPA rulemaking s for a trade association representing a segment of in the health care industry
Tracks regulatory developments for health care industry clients to provide early warning of significant new regulations or risks to a company's business, particularly concerning issues relating to FIFRA compliance for chemicals which claim to reduce Ebola, norovirus, and other viruses that are unlikely to have been explicitly testing in the original pesticide registration process
Advised on methods of responding to regulatory agency and press concerns about the presence of "toxic" chemicals in products used by the health care industry
With assistance from Kristi Gauthier, Ed Hammond, Peter Domas and Bishop Bartoni, Kevin Hendrick and Nicole Tersigni successfully defended an insurance priority dispute, resulting in an extremely favorable judgment for firm client, United States Steel Corporation’s ERISA-governed Retiree Benefits Plan. U. S. Steel Retirement Plan was joined as a third-party defendant in a pending dispute by a No-Fault Automobile Insurance carrier, which had been sued by a healthcare service provider for unpaid patient attendant care fees. The No-Fault Carrier claimed that the obligation to pay for these services under Michigan No-Fault law fell to U. S. Steel Retirement Plan, which covered the patient (who was a former U. S. Steel employee). Ed, Bishop, Kristi and Peter lent their expertise to Kevin and Nicole in interpreting alleged conflicting insurance priority provisions and explanations of benefits. Kevin and Nicole crafted a legal argument that ultimately led to summary disposition in favor of U.S. Steel Plan, and against the No-Fault carrier, saving U.S. Steel Plan from payment of the healthcare fees, and also reimbursing U.S. Steel Plan for benefits it had earlier paid by mistake, out of priority. As the No-Fault carrier had rejected the Case Evaluation award prior to the filing of cross motions for summary disposition, it also appears that attorney fees are recoverable for our client. Kristi and Ed on Employee Benefit law, Bishop on Michigan No-Fault law, and Pete on Health Care issues, proved to be unbeatable resources.
Managed Care and Health Care Industry Litigation - Practiced before state and federal agencies and the courts relating to Medicare and Medicaid reimbursement issues.
Health Care Industry Litigation - Participated and litigated in several federal bankruptcy and state court receivership proceedings of hospitals.
Antitrust and Trade Regulation - Lead Counsel in an antitrust case which successfully put an end to a decade’s long boycott against one of the largest dental insurers in the country.
Managed Care and Health Care Industry Litigation - Counseled clients and litigated third party reimbursement and accounting for reimbursement issues.
Antitrust and Trade Regulation - Reported antitrust decisions include the following: Pennsylvania Dental Association v. Medical Service Association of Pennsylvania, 815 F.2d 270 (3d Cir. 1987), rev’g, 632 F.Supp. 653 (M.D. Pa. 1986), cert denied, 484 U.S. 851 (1987); Pennsylvania Dental Association v. Medical Service Association of Pennsylvania, 745 F.2d 248 (3d Cir. 1984), aff’g, 574 F.Supp. 457 (M.D. Pa. 1983), cert. denied, 471 U.S. 1060 (1985).
Antitrust and Trade Regulation - Antitrust litigation experience includes representing clients in the insurance, health care, soft drink, construction, manufacturing, hardware and building materials industries.
Managed Care and Health Care Industry Litigation - Litigated provider participation status under the Medicare program.
Managed Care and Health Care Industry Litigation - Litigated issues related to institutional providers’ Medicaid cost reports.
Counsel to mid-market health care companies including cancer treatment centers, dialysis centers, sleep labs, and ambulatory surgery centers providing lead counsel and coordinating legal counsel on a wide array of matters including corporate matters, operations, acquisition and divestiture transactions, joint venture projects, corporate governance, business planning and financial transactions, and legal compliance.
Represent healthcare insurers, third party administrators, managed care organizations and others in contractual, business and other disputes. Representation includes counseling clients and litigating issues regarding payments, accounting for payments, third party administration and self-insured health plan issues, fraud claims, among others