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Services Available
Winston attorneys have served as general, litigation, and special counsel to a wide variety of health care entities, including:
- public, private, and religious multi-hospital systems and individual hospitals
lithotripsy companies, ambulatory surgery centers, urgent care centers, clinical laboratories, and virtually every type of outpatient provider
- nursing homes, long-term care facilities, life care organizations, and continuing care retirement communities (CCRCs)
- home health agencies, durable medical equipment suppliers, medical device manufacturers, pharmaceutical manufacturers, pharmacy networks, disease management companies, and e-health and telemedicine providers
- professional organizations and associations
- governmental bodies
- professional primary care and multispecialty practice groups
- individual practitioners
With a solid understanding of the health care industry, we represent financial institutions, including investment banks, equity investors, investment advisors, venture capital firms, and national banking and lending institutions in health care transactions and financing. A significant portion of our practice is representing investment banks as special health care regulatory counsel in IPOs and other equity offerings and debt financing. We also advise private equity firms and lenders regarding health care regulatory matters involved in their investment and financing of health care entities.
We regularly counsel clients on a broad spectrum of issues, including fraud and abuse issues, HIPAA and other privacy laws, certificate of need issues, insurance coverage, health care-related litigation, health care-related transactions, compliance plans, health care financing, patient transfers, labor issues, disciplinary hearings, Medicare and Medicaid reimbursement, risk management, general liability, privileges and physician recruitment, provider tax exemptions and tax requirements, employee relations and discrimination, union avoidance and union negotiations, antitrust compliance, and lobbying on health care issues. Using our broad knowledge of health care law, we structure health care transactions and represent health care entities in other corporate matters. In addition, we frequently restructure health care entities in bankruptcy.
Representative Matters
Health Care Contractual Arrangements
Winston's health care practice regularly analyzes and structures clients’ corporate relationships to comply with federal and state civil and criminal fraud and abuse laws.
Health Care Fraud and Abuse Experience
Winston & Strawn have represented numerous health care clients in criminal and civil investigations involving fraud and abuse and related claims.
Health Care Legislative Matters
We have represented health care clients in their relationships with state and federal regulatory agencies and the Joint Commission on Accreditation of Healthcare Organizations.
The Health Educational and Housing Facility Board of the County of Knox $206.745 Million Bond Issuance
Assured Guaranty Corp.
Winston & Strawn served as bond insurer counsel to Assured Guaranty in connection with the issuance of $206.745 million The Health Educational and Housing Facility Board of the County of Knox, Hospital Revenue Refunding and Improvement Bonds, Series 2006A and Hospital Revenue Improvement Bonds, Series 2006B (Covenant Health). The bonds were issued to pay or reimburse the costs of a number of capital improvement projects.
$5.7 Billion Senior Notes Issuance/$33 Billion HCA Leveraged Buyout
Citigroup Global Markets
Winston & Strawn represented Citigroup Global Markets and the other investment bankers as health regulatory counsel in connection with the issuance of an aggregate of $5.7 billion senior secured notes as part of the $33 billion leveraged buyout of HCA, Inc. HCA is a holding company whose affiliates own and operate hospitals and related health care entities.
Suffolk County IDA $10.54 Million Huntington Hospital Project Revenue Bond Issuance
Suffolk County Industrial Development Ag
Winston & Strawn served as bond counsel to the Suffolk County Industrial Development Agency’s remarketing issuance of $10.54 million Suffolk County Industrial Development Agency, Tax-Exempt Variable Rate Demand Civic Facility Revenue Bonds, Series 2002A (Huntington Hospital Project). The Series 2002A Bonds were initially issued as Taxable Variable Rate Demand Civic Facility Revenue Bonds in the aggregate principal amount of $14.43 million. The Agency, at the direction of Huntington Hospital elected to convert the outstanding Taxable Series 2002A Bonds from taxable bonds to tax-exempt bonds.
Klamath Falls Intercommunity Hospital Authority (Oregon) Revenue and Refunding Bond Issuance
Assured Guaranty Corp.
Winston & Strawn represented Assured Guaranty Corp., as counsel to the bond insurer, in connection with Klamath Falls Intercommunity Hospital Authority's issuance of bonds for the Merle West Medical Center Project. The net proceeds of the Bonds will be used (i) to refund the Authority's Revenue and Refunding Bonds, Series 2002 (Merle West Medical Center Project)and (ii) to finance costs of improving, expanding and equipping the Medical Center's existing hospital and related facilities.
Michigan State Hospital Finance Authority $37 Million Hospital Revenue Bond Issuance
Assured Guaranty Corp.
Winston & Strawn represented Assured Guaranty Corp., as counsel to the bond insurer, in connection with Michigan State Hospital Finance Authority's issuance of $37 million Michigan State Hospital Finance Authority, Hospital Revenue Bonds (Marquette General Hospital Obligated Group) Series 2006.
Illinois Finance Authority $27.135 Million Presbyterian Homes Refunding Bond Issuance
Northern Trust
Winston & Strawn represented The Northern Trust Company, as letter of credit counsel, in the Illinois Finance Authority's issuance of $27.135 million Variable Rate Refunding Revenue Bonds, Series 2006 (Presbyterian Homes Lake Forest Place Project).
Water Street Capital Partners Acquisition of Lakewood Pathology
Water Street Capital Partners, LLC
Winston & Strawn represented Water Street Capital Partners in connection with its acquisition of a majority ownership stake in Lakewood Pathology Associates, a full-service national provider of multi-specialty anatomic pathology services to clinicians operating in outpatient surgical settings in more than 21 states.
Hopewell Ventures Investment in TL Contact Inc.
Hopewell Ventures LP
Winston & Strawn represented Hopewell Ventures, L.P., in connection with its preferred stock investment in TL Contact Inc., provider of a private patient Web page service, called CarePages, to the nation’s leading healthcare institutions.
The Hygenic Corporation Acquisition of Performance Health, Inc. and BioFreeze Associates
Baird Capital Partners
Winston & Strawn represented The Hygenic Corporation in its acquisition of Performance Health, Inc. and BioFreeze Associates, marketers and sellers of topical analgesics and massage therapy products.
Broadlane Syndicated Credit Facility
Bank of America N.A.
Winston & Strawn represented Bank of America, as arranger and agent bank, in connection with a secured syndicated credit facility for Broadlane, Inc., a healthcare services and products distributor and procurer.
Sale of eMedicine.com to WebMD Health Corp.
eMedicine.com, Inc.
Winston & Strawn represented eMedicine.com in the $25.5 million sale of all of its outstanding capital stock to WebMD Health Corp.
Suffolk County IDA $21.5 Million Medford Hamlet Assisted Living Bond Issuance
Suffolk County Industrial Development Ag
Winston & Strawn served as bond counsel to the Suffolk County Industrial Development Agency in its issuance of $21.5 million Assisted Living Facility Revenue Bonds (Medford Hamlet Assisted Living Project) Series 2005. The proceeds of the bonds will be used to finance certain costs of acquisition, construction, and equipping of an assisted living facility in Brookhaven, New York.
Benchmark Medical Holdings $150 Million First and Second Lien Financings
Heller Financial, Inc.
Winston & Strawn represented a major diversified financial institution, as administrative agent and arranger, in connection with an aggregate of $150 million in first and second lien senior secured credit facilities to Benchmark Medical Holdings, Inc., the nation's third largest provider of musculoskeletal rehabilitation services.
$350 Million Chapter 11 DIP Financing for St. Vincent Catholic Medical Centers
We represented a major diversified financial institution in connection with a $350 million debtor-in-possession financing for St. Vincent Catholic Medical Centers, a hospital system operating under Chapter 11 in the Bankruptcy Court for the Southern District of New York.
Stryker Corporation $1 Billion Multicurrency Revolving Credit Facility
Stryker Corporation
Winston & Strawn represented Stryker Corporation, a leading manufacturer of medical devices, in a $1 billion multinational, multicurrency, unsecured credit facility.
Consolidated Services Group $21 Million Senior Secured Credit Facilities
CapitalSource Finance LLC
Winston & Strawn represented CapitalSource Finance LLC, as agent, in connection with $21 million senior secured credit facilities to Consolidated Services Group, Inc. to finance the acquisition of the limited liability company interests of Alta Services LLC and Consumer Health Network Plus, LLC.
Grand Forks, ND $40 Million Health Care System Revenue Bonds Issuance
Assured Guaranty Corp.
Winston & Strawn represented Assured Guaranty Corp. as credit enhancer in connection with the issuance of $40 million City of Grand Forks, North Dakota, Health Care System Revenue Bonds (Altru Health System Obligated Group) Series 2005 (28-day auction mode) (auction rate securities).
Birmingham Special Care Facilities Financing Authority $249.3 Million Bond Issuance
Goldman Sachs & Company
Winston & Strawn served as underwriter's counsel to Goldman, Sachs & Co. in the $249.3 million issuance of The Special Care Facilities Financing Authority of the City of Birmingham - Baptist Medical Centers, Revenue Bonds, Series 2005-A (Baptist Health System, Inc.), which will be used to refund outstanding refunded bonds and to finance a portion of the cost of making certain equipment and improvements to the healthcare facilities of Baptist Health System.
Sale of RxPerts to Kindred Healthcare
Winston & Strawn represented RxPerts and its sole stockholder in connection with the sale of substantially all of its assets and business to Kindred Healthcare, Inc.
Dormitory Authority of the State of New York $61.235 Million Hospital for Special Surgery Bond Issuance
Dormitory Authority of The State of New
Winston & Strawn acted as bond counsel to the Dormitory Authority of the State of New York in its issuance of $61.235 million Hospital for Special Surgery FHA-Insured Mortgage Hospital Revenue Bonds, Series 2005. The proceeds on the bonds, together with other financing, will provide funds to finance the cost of phase I of the hospital's expansion project.
DASNY $25.715 Million Nursing Home Revenue Bond Issuance
Dormitory Authority of The State of New
Winston & Strawn acted at bond counsel to the Dormitory Authority of the State of New York in the issuance of $25.715 million Gurwin Jewish Geriatric Center, FHA-Insured Mortgage Nursing Home Revenue Bonds, Series 2005A and Series 2005B.
Dormitory Authority of the State of New York $152.185 Million Montefiore Medical Center Bond Issuance
Dormitory Authority of The State of New
Winston & Strawn acted as bond counsel to the Dormitory Authority of the State of New York in its $152.185 million issuance of Montefiore Medical Center, FHA-Insured Mortgage Hospital Revenue Bonds, Series 2005.
Nenita B. Gonzalez v. Tower Hill Health Care Center
SW Management Company
We represented Tower Hill in a breach of contract and fraud case filed by a former employee in Illinois state court.
Medex Sale to Smiths Group plc
Medvest Holdings, Inc.
Winston & Strawn represented One Equity Partners in connection with the sale of Medex, Inc. to Smiths Group plc. Medex is a supplier of infusion equipment used in critical care, specializing in intravenous infusion catheters which prevent needle-stick injuries.
CareMore Medical Enterprises $70 Million Syndicated Credit Facilities
Winston & Strawn represented a major diversified financial institution, as agent for the lenders, in connection with $70 million in revolving and term syndicated credit facilities extended to CareMore Medical Enterprises.
Arma Franklin (and SEIU, Local 4) v. Carlton at the Lake, Inc.
Rajchenbach Jack L.
We represented an employer in a wrongful discharge arbitration under the relevant collective bargaining agreement. After a one-day evidentiary hearing, the arbitrator upheld the discharge decision based on "just cause" and denied the grievance.
Scanmed of Medic v. GE Medical Systems
GE Medical Systems
Winston & Strawn represented GE Medical Systems in this case involving three patents related to magnetic resonance imaging.
Rosalyn Moore v. Pharmacia
Pfizer Inc.
Winston & Strawn defended Pharmacia against claims of race discrimination under Title VII and § 1981, sex discrimination and retaliation under Title VII, and age discrimination under ADEA brought by a former employee.
Bard v. Iso-ray and Ellis
C.R. Bard, Inc. - Chicago
The firm brought a successful non-compete case on behalf of C.R. Bard in the District of New Jersey.
Vellma Marcus v. Pharmacia Corporation
Pfizer Inc.
Winston & Strawn represented Pharmacia in a negligent retention and supervision and intentional infliction of emotional distress case in Georgia state court.
Hilco Equity Partners and Pfingsten Partners Acquisition of Convergent Label Technology's Label Production Unit
Hilco Equity LLC
Winston & Strawn represented Hilco Equity Partners, L.P. and Pfingsten Partners, LLC in connection with the acquisition of the pharmacy prescription label production assets of Convergent Label Technology, Inc., a portfolio company of Blue Point Capital Partners, L.P.
Carter v. Harmony Nursing and Healthcare
Itex
We represented a nursing home employer at administrative hearing with oral argument and witness testimony before the Department of Employment Security involving claims for unemployment compensation.
Pharmacia Corporation v. W. Lloyd Sanders and Sanofi-Synthelabo Inc.
Pfizer Inc.
Our labor and employment attorneys represented Pharmacia Corporation in a lawsuit in state court in Dallas County, Texas, against a former manager who was planning to join a competitor.
C.R. Bard v. Daniel Keating and The Kendall Company
C.R. Bard, Inc. - Chicago
We brought an action in federal court in Massachusetts on behalf of C.R. Bard to enforce non-competition, non-solicitation, and confidentiality provisions contained in a former executive’s employment agreement. An injunction was entered against the former employee and the competitor, preventing the former employee from working in certain key product areas and from disclosing confidential information.
R.F. v. Abbott Laboratories
Abbott Laboratories
Winston & Strawn defended Abbott Laboratories in a five-week jury trial involving Abbott’s HIV antibody screening test.
Linvatec Corp. v. C.R. Bard, Inc. (Davol, Inc.)
C.R. Bard, Inc. - Chicago
We represented Davol, an operating unit of C.R. Bard, in a patent case brought in the Middle District of Florida involving a technology related to the operation of a sophisticated fluid delivery system used in a number of different surgical applications. The matter was settled on extremely favorable terms for our client after we uncovered anticipating prior art early in the discovery process.
Appellate Cases - Health Care Regulation
Our attorneys have handled appeals involving a variety of legal issues, including those in the health care regulatory area.
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