Practice Areas & Industries: Cadwalader, Wickersham & Taft LLP

 





Group Profile Lawyers in this Group Offices Locations for this Group
 

Practice/Industry Group Overview

“Cadwalader's established New York team offers a broad array of healthcare advice, and is particularly highlighted for its in-depth expertise in issues relating to long-term care.” – Chambers USA

By bringing together seasoned, practical and business-oriented attorneys with expertise in health care, corporate finance, and restructuring, we help for-profit and not-for-profit health care providers solve their most complex problems. Perhaps more than in any other industry, health care providers face a challenging environment, marked by significant change and uncertainty. Implementation of national health care reform, the advent of new structures and forms of payment for health care delivery, escalating incentives and penalties tied to quality performance and adoption of information systems, and decreasing Medicare and Medicaid revenues represent just a few of the unique challenges for health care providers. This demanding business climate, however, presents both risks and opportunities.

We help clients tackle these and other business-critical issues not simply by reacting to them but by anticipating them. The first Wall Street law firm to develop a health care practice, Cadwalader offers its health-care clients the experience and insight of leading industry experts in areas that address the full range of concerns they face, including:

  • strategic planning;
  • mergers and acquisitions;
  • regulatory compliance;
  • managed care and professional contracts;
  • access to capital, including structured products, derivatives and private equity;
  • tax;
  • vendor relationships;
  • physician relationships;
  • debt, balance sheet management and restructuring; and
  • litigation and investigations.

Indeed, our health care group serves as counsel to a wide array of providers – hospitals, home care and long-term care providers, HMOs and managed care organizations, assisted living providers and other entities – with respect to major transactions, corporate governance, compliance matters, and litigation proceedings. As new structures and arrangements emerge in the wake of health care reform to redesign health care delivery, Cadwalader has the expertise in corporate transactions, finance, compliance, tax, anti-trust, and issues of health care quality to advise clients on all aspects of these arrangements. Cadwalader’s unique combination of expertise in health care and corporate finance also assists health care providers prepare for and proactively manage stressed and distressed situations that unfortunately are all too common today.

By teaming health care and corporate finance experts who work regularly with banks, financial advisors, accountants, and other consultants, Cadwalader provides unified solutions to the challenges facing our clients. Because our Health Care Practice developed from our many years of experience with not-for-profit health care providers, Cadwalader is especially adept at navigating the issues facing such providers.

In sum, health care executives and boards of directors turn to Cadwalader because we understand this industry, its competitive landscape, and the various strategic alternatives participants in this industry must consider.


 
 
Articles Authored by Lawyers at this office:

Clarifying Amendments to the Nonprofit Revitalization Act Signed Into Law
Christina T. Holder,Pamela Landman,Paul W. Mourning, January 04, 2016
On December 11, 2015, Governor Cuomo signed into law Chapter 555 of the Laws of New York of 2015 (Assemb. Bill 8118-B/Sen. Bill 5868-A) making certain “clarifying amendments,”1 effective immediately,2 to provisions of the New York Not-for-Profit Corporation Law (“NPCL”),...

The End of the Implied Certification Theory?: The U.S. Supreme Court Grants Certiorari in Case That Could Substantially Limit the False Claims Act
Jonathan Bailyn,Keith M. Gerver,Adam S. Lurie,Brian T. McGovern,Anne M. Tompkins, December 28, 2015
On December 4, 2015, the United States Supreme Court granted certiorari in Universal Health Services, Inc. v. United States ex rel. Escobar. In Universal Health Services, Inc., the Supreme Court will decide the legal validity of the “implied certification” theory of False Claims Act...

Albany County Supreme Court Upholds $199,000 “Hard Cap” on State Funded Executive Compensation, While Striking “Soft Cap” on Funding From All Sources
Christina T. Holder,Pamela Landman,Brian T. McGovern, November 30, 2015
On November 13, 2015, the New York State Supreme Court, Albany County issued a decision in LeadingAge et al. v. Shah,1 upholding in part and invalidating in part regulations issued by the Department of Health to implement Executive Order 38, limiting executive compensation and administrative...

Pharmaceutical Manufacturer's Preemptive Suit Secures Preliminary First Amendment Protection for Script to Promote Off-Label Use
Aaron Buchman,Bret A. Campbell,Adam S. Lurie,Brian T. McGovern,Martin L. Seidel, August 19, 2015
On August 7, 2015, the U.S. District Court for the Southern District of New York invoked the First Amendment, granting Amarin Pharma, Inc. (Amarin) preliminary protection against federal criminal prosecution for misbranding and allowing Amarin to promote its drug, Vascepa, for off-label use through...

In Closely Watched Case, Federal Court Upholds the Government’s Position on Provider Mandate to Report and Return Medicare and Medicaid Overpayments in 60 Days
Jared Facher,Brian T. McGovern, August 11, 2015
The Patient Protection and Affordable Care Act (“PPACA”), signed into law on March 23, 2010, included a provision (the “Report and Refund Mandate”), broadly requiring health care providers, suppliers, Part D plans and managed care organizations that were overpaid by the...

Supreme Court Upholds Premium Subsidies in 34 States with Federally-Facilitated Marketplaces
Christina T. Holder,Pamela Landman,Stephanie Marcantonio,Paul W. Mourning, June 26, 2015
Today the U.S. Supreme Court handed down its much anticipated decision in King v. Burwell, a case challenging the legality of Federal subsidies provided to individuals in the 34 States that did not establish State-based American Health Benefit Exchanges (“State Exchanges”), and instead...

Federal Appellate Court Ruling Sounds the Liability Alarm for Officers and Directors of Struggling Health Care Providers - Both Non-Profit and For-Profit
Ingrid Bagby,Erik Graham-Smith,Pamela Landman,Brian T. McGovern, March 26, 2015
Last month, the United States Court of Appeals for the Third Circuit issued an important, 28-page opinion that confirmed a jury verdict, holding former officers and directors of a not-for-profit health care provider in bankruptcy, jointly and severally liable to the facility’s creditors - in...