Healthcare: Illinois

THE FIRM This firm has the most formidable healthcare practice in Illinois, as its unparalleled breadth and depth allow it to advise on the full spectrum of healthcare issues. The talented group frequently undertakes cutting-edge work, such as clinical research activities and sensitive investigations, in addition to traditional litigation, administrative appeals and lobbying. Recent highlights include representing Northwestern Memorial Healthcare in its multimillion-dollar acquisition of the 215-bed general acute care hospital, Lake Forest Hospital, located in Illinois.

Sources say: "McDermott is in a class by itself. It has the widest, deepest bench and many, many terrific lawyers."

KEY INDIVIDUALS Michael Anthony heads the firm's international transactions business unit, having previously run the firm's international health department. In addition to his managerial duties his practice focuses on the sale of cardiology practices to health systems. Clients comment: "I could not believe how quickly and diligently he worked and how sharp his thinking and writing skills are." Bernadette Broccolo specializes in the federal taxation of exempt organizations and nonprofit corporate governance. Her broad-based practice also takes in advising on electronic health information networks and assisting on corporate compliance. Contemporaries consider her to be "sharp and thorough, commanding the respect of clients and peers alike." Michael Peregrine is known nationwide for his representations of nonprofit organizations in corporate governance matters. He is a prolific writer with a "very broad range of experience, which informs his understanding of the healthcare sector and what the industry needs." Ralph DeJong advises tax-exempt health providers on employee benefits and executive compensation matters. Clients say: "He handles matters in a calm and collected way, explaining complex matters with ease and using his practical judgment to move things forward." Kerrin Slattery heads the Chicago health group and maintains a general health practice based on her broad experience of transactional and regulatory matters. Peers comment on her impressive client base and leadership abilities.

THE FIRM This boutique firm handles similar matters to larger groups while maintaining an intensive, partner-led approach. In addition to traditional transactional and regulatory work, the practice covers DOJ investigations and self-reporting, which are facilitated by close relationships with regulatory agencies. Hogan Marren is best recognized for expertise in accountable care and clinical integration, recently having resolved an antitrust challenge brought by the DOJ against a clinically integrated physician network accused of Sherman Act violations.

Sources say: "The lawyers are practical and efficient, possessing both the legal and business expertise that we need. A rare find." 

KEY INDIVIDUALS John Marren has been involved in the healthcare industry for over 30 years. He specializes in clinically integrated networks utilizing technology to best reconcile patient care and reimbursement. Clients are drawn to his "forthrightness and passion with regard to the bigger picture." Carol Hogan mainly advises on tax, Stark law and kickback issues, and provides regulatory and self-disclosure counsel. Clients say that "her real strength is in maintaining a relationship with us and making best use of her regional and national contacts."

THE FIRM Jones Day is recognized for its national presence, and its high-volume transactional, restructuring and bond financing work for healthcare systems impresses peers and clients alike. Emerging from the economic downturn, the group saw frequent conversions of option bonds to variable or fixed rate bonds, recently acting as bond counsel to The Clare at Water Tower in connection with the issuance of $87 million worth of revenue bonds in exchange for outstanding bonds.

Sources say: "In addition to the national and international dimension of Jones Day, there is a depth and breadth which puts the firm ahead of the crowd." 

KEY INDIVIDUALS Gerald Griffith is well known for representing nonprofit organizations. He focuses on front-end tax compliance assessments, such as IRS audits, in addition to transactional joint ventures and acquisitions. Peers consider him an "excellent healthcare tax lawyer." Lynn Coe is focused on the financial side of healthcare matters and acts as both bond and underwriter counsel for investment banks and similar organizations. He recently acted as underwriters' counsel for Merrill Lynch regarding the public offering of $569 million in revenue anticipation certificates.

THE FIRM This eight-strong Chicago office represents clients such as Adventist Healthcare, DePuy Orthopaedics and Exempla Healthcare from the for-profit, nonprofit and life sciences sectors. The traditional regulatory, antitrust and transactional practice has been expanded by working closely with the private equity group to offer private equity services relating to healthcare. The team continues to advise on important transactions, such as the complex restructuring of Gottlieb Memorial Hospital, converting the outpatient facility so as to qualify for hospital-based reimbursement. It also recently negotiated a P4P/ACO arrangement among Lovelace Health System, Lovelace Health Plan and Albuquerque Health Partners, one of the first arrangements of its type in the USA.

Sources say: "This is a large firm with a wide range of healthcare expertise." 

KEY INDIVIDUALS Laura Keidan Martin is the national chair of the firm's healthcare group. Her practice includes all types of clinical transactions in addition to regulatory, Stark and antitrust premerger counseling. Clients say she "provides reasonable and practical solutions to incredibly complex problems." Michael Callahan is an expert in hospital/physician relationships with over 30 years' experience within the healthcare sector. He now specializes in medical staff credentialing and the Emergency Medical Treatment and Active Labor Act (EMTALA). Clients commend his "excellent grasp of the latest trends and legal issues that confront hospitals." Steven Olson splits his time between M&A matters and acting as general counsel to the largest dental benefit carrier in the country. Clients describe him as "creative, personable, humane and collaborative with excellent negotiation skills." Kenneth Davis focuses on corporate, transactional and compliance matters and specializes in representing large physician groups. He is considered a strong negotiator who is well liked by physician clients. Louis Glaser is "highly intelligent with a very sophisticated corporate practice." Within the corporate, transactional and regulatory fields, his clients range from multihospital systems to pharmaceutical companies and medical device manufacturers.

Since publication, Steven Olson has moved in-house.

THE FIRM This firm is particularly well recognized for its strengths in the for-profit sector, and often represents academic medical centers, ambulatory surgery centers, long-term care facilities, dialysis facilities and hospital systems. It has a reputation for strong litigation expertise and for advising on regulatory and corporate issues. The pharmaceutical, life sciences and medical devices team represent manufacturers and sellers of drugs, biologicals and medical devices regulated by the FDA across a wide array of legal issues.

Sources say: "These lawyers are the gurus of ambulatory care and are considered the best by nephrologists."

KEY INDIVIDUALS Scott Becker now devotes most of his time to matters concerning ambulatory surgery centers within the regulatory and transactional fields. Clients describe him as "sharp and proactive, rather than reactive" and follow his webinars for their relevance to the evolving healthcare world. James Riley chairs McGuireWoods' healthcare department. His practice centers on transactional matters for midmarket businesses, hospitals and outpatient service providers. Peers admire his "experience and creativity."  

THE FIRM Ungaretti & Harris has a 16-strong team devoted to healthcare matters and represents health systems, medical device manufacturers, healthcare venture capital funds and bond underwriters. The expanding firm recently acted as borrower’s counsel in connection with the issuance by the Indiana Finance Authority of over $225 million in revenue bonds on behalf of the Sisters of St. Francis Health Services.

Sources say: "Ungaretti & Harris has a small but very sharp and efficient healthcare department with valuable ties to the Attorney General." 

KEY INDIVIDUALS Thomas Fahey is the healthcare department chair and has a broad practice. He focuses on regulatory concerns and finance-related matters such as bond counsel, corporate governance and tax-exemption issues. Both peers and clients describe him as "an excellent practitioner." John Durso has a national reputation for his work on nonprofit retirement centers and religious organizations. Peers refer to him as "a dean of the Healthcare Bar with absolutely loyal clients." Lynn Gordon is hailed by peers and clients as "excellent, experienced and active." She is a nonprofit regulatory lawyer with expertise in the areas of fraud, abuse and Stark. Her transactional practice includes M&A and joint ventures for health systems.

THE FIRM This nine-strong team is best known for representing physicians but also advises medical groups, managed care organizations, hospitals, nursing homes and publicly traded healthcare companies. The lawyers counsel clients on Stark law compliance, antitrust issues, government audits, reimbursement issues, M&A, Health Insurance Portability and Accountability Act (HIPAA) and also help to form strategies against future issues. A close relationship with government law enforcement officials enables the team to deal with clients' whistleblower defenses in an efficient manner. It recently represented Fairfield Cardiac Cath Lab in a joint venture requiring restructuring for Stark law compliance and additional general corporate counseling.

Sources say: "A knowledgeable and hard-working office."

KEY INDIVIDUALS Mark Rust chairs the healthcare group. His practice focuses on business and medicolegal issues affecting physicians, hospitals and health delivery ventures. Of late, he has begun assisting provider groups to form insurance companies under healthcare reform. Clients praise his business acumen and strategic planning. Ellen Layton focuses her practice on state and federal regulations affecting healthcare providers within the regulatory and transactional fields. Clients say she is "very responsive, forward-thinking and knowledgeable about regulatory issues." 

Since publication, Ellen L Layton has left this practice.

THE FIRM Drinker Biddle & Reath is one of the oldest healthcare practices in the country and continues to represent a diverse range of for-profit and nonprofit clients including providers, healthcare vendors, health professional associations, provider-sponsored managed care organizations, group purchasing organizations and pharmaceutical manufacturers. The firm advises on transactional and regulatory matters and draws on its considerable national size to aid and inform its healthcare practice. The firm represented BroMenn Healthcare System and its affiliates on multiple joint ventures in a merger with Advocate Health Care Network.

Sources say: "A very large, open and cordial firm which can always find an answer to your problem."

KEY INDIVIDUALS Douglas Swill is vice chair of the healthcare group and has a broad and active practice which includes advising on structuring transactions to minimize fraud and abuse risks. Clients report that "he really understands our mission and is very sensitive to it; he's a great team player, bright and approachable." 

THE FIRM K&L Gates has continued to gain recognition since its merger with Bell, Boyd & Lloyd. It represents clients in a variety of regulatory and transactional healthcare matters, usually on the provider side. Of late the team has been concerned with the regulatory issues surrounding employment contracts between physicians and institutional providers, the application of Certificate of Need (CON) rules, whistleblower litigation regarding tax exemptions, insurance disputes and the issuance of CON permits.

KEY INDIVIDUALS Richard Sevcik is the practice area contact and is based in Chicago.

THE FIRM Well recognized nationally for its healthcare practice, Polsinelli Shughart is a relative newcomer to the Illinois market but has seen substantial growth via lateral movements over the past two years. The 15-strong team represents healthcare providers in legal issues ranging from regulatory compliance, CON and corporate governance to third-party payment issues and federal regulatory proceedings. Of note was its recent representation of Borgess Health, implementing an innovative physician/hospital alignment strategy between a hospital and group of physicians to improve quality based on sharing Pay for Performance awards.

Sources say: "The firm has captured some handsome talent - it's gaining traction and growing in the marketplace."

KEY INDIVIDUALS Jane McCahill represents healthcare institutions and providers in corporate transactions involving regulatory and reimbursement issues. She is described by clients as "an excellent lawyer with a strong, collaborative team behind her." 

THE FIRM Proskauer Rose is a relatively new firm in the local healthcare market but is recognized for its two former McDermott Will & Emery attorneys. The group represents clients nationwide and focuses on high-stakes M&A deals for hospitals, as well as assisting nonprofit organizations and healthcare providers with tax, regulatory and transactional matters. Of note was its representation of the William J. Clinton Foundation in the spin-off of its health access programs into a new, tax-exempt corporation, the Clinton Health Access Initiative.

KEY INDIVIDUALS Monte Dube has a strong reputation among peers. His practice focuses on transactional work and representing private equity firms in healthcare acquisitions. Elizabeth Mills is renowned for her tax exemption expertise in healthcare. Peers consider her "a superb technical tax lawyer who always pushes for nonconfrontational outcomes." 

THE FIRM This group represents clients locally, nationally and internationally, and has a team of more than 20 dedicated healthcare lawyers atop its extensive national network. Sidley Austin's client base comprises global pharmaceutical companies and larger regional healthcare providers, for which the attorneys act as counsel on enforcement, compliance and regulatory issues, in addition to handling complex litigation and healthcare-related antitrust matters. The firm represented Bayer Healthcare in Average Wholesale Price litigation against charges of consumer fraud by numerous drug companies.

Sources say: "A group of highly sophisticated lawyers with a wonderfully innovative practice and strong antitrust expertise." 

KEY INDIVIDUALS Richard Raskin is the leader of the Chicago healthcare practice. He focuses on complex healthcare litigation and handles both federal and state antitrust investigations. Clients refer to him as being "especially knowledgeable, smart and scholarly with regard to antitrust issues." Honey Skinner is well known for her lobbying expertise but is most highly praised for her CON and litigation proficiency.

Since founding The Health Law Consultancy in September 2009, Jack Rovner and Kathryn Roe have built a client base that really appreciates their boutique healthcare practice. Clients are quick to comment on Rovner's depth of knowledge and Roe's organizational skills and efficiency. The pair have been particularly busy advising clients on the precautions needed in light of healthcare reform, alterations to Medicare and Medicaid, and the implications of increased security in health information technology.
Patrick Coffey of Locke Lord Bissell & Liddell LLP gained recognition when he originally defended the charitable tax-exempt status of hospitals in the Provena Health System case. He litigates on behalf of physician groups, device companies, pharmaceutical companies and hospitals in relation to class-action, whistleblower and false-claims cases. Nicholas Lynn of Duane Morris LLP acts as general counsel for long-term nursing care homes and is heavily involved in healthcare litigation. He represented the National Association of Chain Drug Stores in dissuading the US Department of Health and Human Services from implementing rule changes which would cost pharmacies participating in Medicaid $31 billion. "Excellent practitioner" Jeffrey Kraft of Neal Gerber & Eisenberg LLP represents a variety of healthcare entities in corporate, regulatory and transactional matters.
Since publication, Patrick S Coffey has joined Whyte Hirschboeck Dudek S.C.

Future Events 

16th May 2013: GC Seminar, London Sponsor-backed IPOs: IPO Exits of Portfolio Companies

21st May 2013: GC Seminar, New York Hackers Are After Your Data!: Practical Ways To Reduce Data Security Breach Exposure

23 May 2013: Chambers USA Awards for Excellence 2013, New York 

24 May 2013: Launch of Chambers USA 2013, New York and online

29th May 2013: GC Seminar, New York Going Mobile: IP and Privacy Considerations

4th June 2013: GC Seminar, Houston Challenges in Creating An Effective and Coordinated Global Compliance Program

9 September 2013: Chambers Latin America Awards 2013, Miami

10 September 2013: Launch of Chambers Latin America 2014, online

3rd October 2013: Chambers Bar Awards 2013, London

 

Chambers News

10 May 2012: Chambers Europe Awards for Excellence, Amsterdam