Business Litigation

Healthcare

Experience

  • Employment Liability
  • Media Liability and Intellectual Property Infringement
  • Products Liability
  • Securities Litigation

Rhode Island Attorney General Antitrust Investigation of Proposed Merger Between Two Largest Healthcare Systems in Rhode Island

Represent the Rhode Island Attorney General in conducting an antitrust investigation, in coordination with the Federal Trade Commission, of the proposed merger between the two largest healthcare systems in Rhode Island. Following the issuance of the Rhode Island Attorney General’s 131-page, single-spaced decision regarding the proposed transaction, the transacting parties abandoned the merger.

Historic $575 Million Settlement With Sutter Health in Antitrust Class Action

Represented UFCW & Employers Benefit Trust (UEBT) and a certified class of direct purchasers of hospital services in seeking preliminary approval of a historic settlement reached on the eve of trial in the landmark antitrust class action against Sutter Health, the largest hospital system in Northern California. Sutter has agreed to pay $575,000,000 in monetary relief and to comply with comprehensive injunctive relief, including an independent monitor who will police Sutter’s compliance with the proposed final judgment over a 10-year period.

Wit et al. v United Behavioral Health

Chief Magistrate Judge Spero of the United States District Court for the Northern District of California appointed Farella partner Doug Young as the Special Master charged with overseeing implementation of the injunctive relief ordered by the court in this landmark class action regarding coverage of behavioral health claims.

Fraud Investigation

Represented former medical insurance reimbursement director and chief medical officer of a molecular diagnostic test company in fraud investigation, avoiding both criminal and civil federal liability for clients in proceeding involving the Department of Justice, Health and Human Services, and California Department of Insurance. 

Biotech IP Infringement

Represented a bio-tech company in patent infringement litigation, licensing disputes and IP counseling relating to its pharmaceutical products. 

DNA Sequencing IP Dispute

Represented a molecular testing company in connection with patent infringement litigation relating to DNA sequencing testing machine technology in the Northern District of California. 

Medicaid Fraud

Representing physician in two federal criminal investigations into Medicare fraud and Anti-Kickback Statute violations in the Skilled Nursing Facility and Home Health Agency industries. The representation has focused on the legal framework around allowable versus illegal referrals and medical directorships.

Wrongful Termination Litigation

Obtained complete dismissal with prejudice of claims against national sales director in False Claims Act and wrongful termination litigation regarding diagnostic test product efficacy, test data, marketing, and reimbursement.

DOJ Sales Practice Investigation

Represented a pool of individual former director-level sales professionals of a major pharmaceutical company in Department of Justice civil investigation into marketing and sales practices for a psychosis drug.

Certification Testing Investigation

Counsel software engineer witnesses in parallel civil and criminal investigations into an electronic health record company’s certification testing; obtained full fee coverage for representation.

Formal Disciplinary Hearing

Counseled pharmaceutical benefits aggregator company in formal disciplinary proceedings regarding union contracts and health insurance. Represented company president and employees in adversarial hearing, and ultimately negotiated settlement favorable for all clients.

DEA Licensing Lapse

Represented a Northern California multi-facility medical center by conducting an internal investigation related to an inadvertent lapse in DEA licensing and thereafter negotiated a favorable civil settlement with the relevant US Attorney’s Office. 

Kick-Back Investigation

Successfully represented health care providers in connection with a California Attorney General’s Office investigation related to the providers’ participation in a pharmaceutical company’s speaker’s program while they also prescribed its medications.

FDA Investigation

Represented a former senior executive of a U.S.-based drug company in off-label marketing investigations by the Food and Drug Administration (FDA) and United States Attorneys’ Office.

Trademark Infringement

Advising health and wellness company on the insurance coverage available for underlying lawsuit alleging infringement of trademark and slogan, and misappropriation of advertising ideas. 

Securities Class Action

Advising health and wellness company on coverage issues in connection with securities class actions and related derivative lawsuits. 

Bankruptcy Litigation For Leading Medical Device Company

Represented Intuitive Surgical in various litigation matters in bankruptcy cases throughout the U.S., including the Astria Health, Southern Regional Medical Center and Forest Park Medical Center bankruptcy cases.

Medical Center EPLI Coverage

Advise California hospital regarding employment practices liability insurance coverage for wrongful termination/retaliation claim.

Chiron v. Hoffman-LaRoche

We represented Chiron Corporation as a plaintiff in this patent infringement action in the Northern District of California. The case involved the patent for a vaccine for the Hepatitis C virus, as well as antitrust counterclaims.

Chiron v. SourceCF

Served as local counsel and then lead trial counsel representing the Chiron Corporation in a patent trial in the Northern District of California involving a Chiron drug-device combination patent. A permanent injunction was entered against the defendants.

Gen-Probe v. Chiron

Obtained a favorable settlement for Chiron in this case asserting cross-claims about the rights of the parties under their collaboration agreement regarding the nucleic acid testing of blood.

Beckman Research Institute v. Genentech

We represented Genentech in an arbitration proceeding concerning the royalties due the plaintiff under a research and license agreement regarding recombinant DNA technology, which resulted in the issuance of two patents and the development and commercialization of two highly successful anti-cancer drugs.

Licensing Arbitration

Lead counsel to major pharmaceutical company in series of arbitrations regarding licensing of blood screening technology and interpretation of licensing terms.  Prevailed and obtained an award of attorneys’ fees.

Vaccine Act Litigation

Defended claims brought against vaccine manufacturer and obtain removal and dismissal under Vaccine Act and PREP Act. 

BVF v. Celera

Defended lab testing company in suit alleging fraud and breach of fiduciary duty in connection with disclosures made relating to the value of assets to be sold to Quest.  

Ischemia Research and Educational Foundation v Pfizer, Inc., et al.

We defended Pfizer, Inc. against claims of trade secret misappropriation in Santa Clara County Superior Court.  The plaintiffs’ misappropriation claims arise out of clinical drug trials for Bextra, a second generation COX-2 inhibitor.

Hospital Executive Wrongful Termination

Advised regional hospital in connection with a high-stakes individual wrongful termination case.  Successfully negotiated independent counsel rates to cover all of the hospital’s costs with no coverage gap, and advocated for the hospital’s interests in response to various coverage and litigation management challenges generated by the hospital’s employment practices liability insurer, a Joint Powers Authority.

Medical Device Products Liability

Ongoing representation of medical device manufacturer in connection with product liability lawsuits. We have achieved significant insurer contributions on client’s behalf. 

EPL and E&O Insurance Coverage

Representing one of California’s largest health plans in connection with various coverage matters arising under EPL and E&O policies. 

Multi-State Managed Care Insurance Coverage

Ongoing insurance coverage advice to a multi-state managed care organization in connection with various disputes arising out of underlying litigation. Underlying matters include major class actions, high-value personal injury and employment cases, business disputes, and qui tam litigation.