INDUSTRY EXPERIENCE

Pharmacy Industry

Transactional

Representative examples of our transactional work include:

  • advising a retail pharmacy chain in acquisitions and dispositions of pharmacies to a national retail pharmacy chain
  • advising an operator of institutional pharmacies in its sale to a national operator of institutional pharmacies in nursing centers, assisted-living facilities, hospitals and other long-term care settings
  • counseling a private equity firm in its acquisition of a specialty pharmacy
  • counseling the largest community-based network of independent specialty pharmacies on corporate matters, including acquisition and other transactional matters, regulatory advice, and antitrust and intellectual property matters
  • forming pharmacy joint venture with institutions such as hospitals and long-term care providers
  • negotiating and drafting agreements with vendors, payors, PBMs, PDPs, wholesalers and suppliers for a national retail and long-term care pharmacy chain
  • completed an IT outsourcing transaction for a spin-off entity combining the client’s institutional pharmacy business with that of another leading public pharmaceutical services company. The transaction involved long-term negotiations and complex structural aspects to transfer ownership of hardware and equipment, applications and all IT personnel supporting such technology, along with developing service levels to facilitate optimum performance.

Regulatory

Representative regulatory engagements include:

  • counseling the largest long-term care pharmacy GPO in the country on fraud and abuse issues, safe harbor regulations, and regulatory issues impacting its relationships with other members in the medical supply chain, including manufacturers, suppliers and pharmacies
  • advising a Medicare Part D pharmacy network manager on rebate, discount and PDP issues under Medicare Prescription Drug, Improvement, and Modernization Act of 2003
  • counseling a national retail and long-term care pharmacies chain regarding state and federal health care regulatory issues impacting its business and negotiate and draft agreements with vendors, payors, PBMs, wholesalers and suppliers
  • advising clients in connection with interpretation and implementation of HIPAA privacy, security and transaction and code set regulations, including development of privacy policies, notices, authorizations, and business associate and data deals
  • counsel large retail, institutional and specialty pharmacies on fraud and abuse and other regulatory issues
  • provide regulatory advice to a national pharmacy trade association.

Litigation and Enforcement

Representative engagements include:

  • ongoing representation of a national pharmacy chain in the most significant federal investigation affecting the entire retail pharmacy industry, a U.S. Department of Justice investigation related to the marketing practices affecting government beneficiaries filling prescriptions at retail pharmacy chains. The Department of Justice, as well as the United States Attorney’s Offices for the Central District of California and the Eastern District of Michigan are conducting this national industry-wide investigation.
  • obtained settlement of a class action alleging that a national pharmacy chain violated the Fair Credit Reporting Act by providing to consumers electronically printed receipts at point of sale transactions which contained the expiration date of the consumer’s credit card or debit card.
  • obtaining dismissal of a consumer class action suit that alleged a national retail pharmacy chain violated regulations involving prescription records.
  • numerous class and individual wrongful termination and employment discrimination cases on behalf of a national pharmacy chain.
  • representation of a national retail pharmacy chain in numerous breach of contract and other commercial disputes with suppliers, business partners and other parties.