Health Care

Our services include the following:

Corporate/M&A/Finance
We excel in mergers and acquisitions and private equity transactions in the health care sector, providing strategic advice and guidance throughout the entire deal life cycle, from due diligence and negotiation to closing and post-closing integration. Our M&A experience includes leveraged buyouts, recapitalizations and growth equity investments.

We counsel public companies, those seeking to become public, and their boards of directors, special committees and C-level executives on transactions, corporate governance and general securities law matters, as well as debt and equity offerings. We also represent lenders, borrowers and investors in the securitization of health care assets and loans, helping ensure effective risk management and optimal financing solutions. We regularly represent finance companies in their financings and in the underlying asset-based and cash-flow loan financings. And we have significant experience with the myriad Uniform Commercial Code and anti-assignment provisions governing health care receivables and finance.

We represent both established and emerging asset managers in the formation and launch of investment funds that invest opportunistically in the health care industry. We advise funds on investments ranging from venture investments in startups using artificial intelligence to develop new drugs to private equity investments in health care providers and medical device companies. We also advise companies on structuring and managing corporate venture programs and on joint ventures in strategic health care investments.

Litigation
Kramer Levin’s highly regarded litigation team works closely with health care industry clients to develop effective litigation strategies that align with their business goals in a range of matters. We have significant experience representing health care clients in white-collar matters, government investigations involving the Department of Justice (DOJ) and the Department of Health and Human Services Office of Inspector General (OIG), internal investigations, securities class actions, and commercial disputes. We have extensive experience in resolving sealed parallel trade action mechanism (PTAM) cases and False Claims Act cases.

Real Estate, Land Use and Environmental
Our lawyers have extensive experience representing hospitals and health care institutions in real estate, land use and environmental matters. We advise clients on the acquisition, development and leasing of health care facilities, and on compliance with environmental laws and regulations relating to hazardous wastes and clean air and water issues.

We have obtained numerous variances, special permits and other zoning approvals for major hospitals and medical centers in New York City and have advised them on the development potential of properties that they own or intend to acquire. We have also negotiated development agreements and easements with adjacent property owners and have obtained zoning determinations from the NYC Department of Buildings. In addition, our real estate lawyers routinely advise health care clients that are not-for-profit entities in the structuring and creation of leasehold condominium regimes for properties located in New York City and Nassau County, enabling them to qualify for a real property tax exemption.

Restructuring and Special Situations
Kramer Levin’s preeminent bankruptcy and restructuring group advises clients on bankruptcy and restructuring matters, including Chapter 11 bankruptcies, reorganizations and out-of-court restructurings, as well as on distressed debt transactions and acquisitions and dispositions of distressed assets. Our significant experience representing health care providers and hospital systems in bankruptcy and restructurings enables us to develop innovative strategies to preserve value and facilitate successful turnarounds. Kramer Levin’s substantial experience in distressed health care bankruptcy cases and out-of-court restructurings enables clients — whether providers or creditors — to assess and navigate not only the operational (including patient care) issues but also the specialized rules and practices directly impacting health care restructurings.

We also advise alternative capital providers and borrowers in connection with “special situations,” including debt and equity financings and hybrid capital investments, and in structuring, negotiating and executing complex capital solutions in a variety of private and public transactions. In distressed situations, our team crafts novel out-of-court capital structure solutions and in-court restructurings, including exchange and priming transactions, direct lending, rescue financings, debtor-in-possession (DIP) financings, and Chapter 11 exit financings.

Immigration and Employee Benefits
We advise prominent health care institutions nationwide in developing global workforce plans and mobility strategies, navigating complex immigration laws and policies, and ensuring their mergers, acquisitions, spinoffs and other corporate restructuring transactions meet their global workforce management needs while complying with U.S. immigration law. We also assist health care clients in developing and managing comprehensive benefits programs, providing guidance on matters such as ERISA compliance, health care reform, retirement plans and executive compensation.

Tax
We routinely handle the tax issues inherent in virtually every type of transaction in the health care industry and are responsible for groundbreaking tax work in middle-market mergers and acquisitions, bankruptcy restructurings, and capital asset planning. We also provide guidance in the context of partnerships and limited liability companies and are highly regarded for our success in handling U.S. federal, state and local tax controversies.

Our Health Care practice is complemented by our Life Sciences practice, which helps major pharmaceutical companies, biotech startups and medical device manufacturers, among others, protect and maximize the value of their innovations and ensure compliance with intellectual property laws. These practices share a formidable Patent Litigation team based in New York and Silicon Valley as well as exceptionally skilled lawyers focused on patent prosecution, licensing agreements, technology transfers and IP portfolio management.