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Editorial

Index of tables

  1. Healthcare: health insurers
  2. Leading lawyers
  3. Next generation lawyers

Leading lawyers

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Next generation lawyers

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Who Represents Who

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Dentons is well versed in insurance regulatory matters, litigation, third-party administrator and healthcare transactional work. In Kansas City, practice head Bruce Baty and Jodi Adolf advised Luxottica and EyeMed Vision Care on general regulatory compliance and compliance for Luxottica’s Center for Medicare & Medicaid Services (CMS). The team also assisted Berkshire Hathaway with using a New York subsidiary as a risk-bearing body for student health plans. Global insurance practice head Kara Baysinger, who is based in San Francisco, is another key contact with experience in market conduct, licensing and insurance-related transactional matters; she and Baty lead the 24-lawyer practice. Kenneth Schnoll in San Francisco is known for his work in cases arising from the implementation of the Affordable Care Act, while New York-based Matthew Gaul regularly handles market conduct investigations and regulatory cases.

Trusted Advisor - with Finnegan

IP specialist Finnegan detail how their collaborative approach makes for a unique culture which is designed to allow them to work with clients in a way which is cognizant of the challenges facing all companies today.

Epstein Becker & Green, P.C. has been busy with regulatory matters, data privacy cases and large insurance agreements. Patricia Wagner, Los Angeles-based Paul Gomez and New York-based Leonard Lipsky recently advised MemorialCare Health System on the regulatory and transactional aspects of a five-year contract between the client and Boeing to provide medical care to employees of the latter in Southern California. Capital BlueCross, Keystone Mercy Health Plan, and Montefiore Medical Center are also clients. The practice, which is headed by George Breen, absorbed a 15-lawyer team from Sills Cummis & Gross P.C. in 2015, since when it has hired Joseph Lynch from King & Spalding LLP, David Florin from Yale University, and Melissa Jampol from the New Jersey US Attorney’s office. Named individuals are based in Washington DC, except where noted otherwise.

Manatt, Phelps & Phillips, LLP’s strong presence in the Californian market is complemented by a robust Washington DC office, with Chiquita Brooks-LaSure and Sandy Robinson having joined as managing directors. The well-regarded Robert Belfort in New York advised Aetna on its aborted $37bn acquisition of Humana, and assisted the same client with the $117m divestment of its Medicare Advantage plans to Molina Healthcare. Showcasing the practice’s litigation strength, Los Angeles-based Greg Pimstone successfully defended Blue Shield against a suit brought by a California taxpayer in a case concerning the client paying annual gross premiums tax that is imposed on Californian insurance companies. Other clients include HealthSmart Benefit Solutions, Sutter Health and Adventist Health. Highly respected department head William Bernstein is based in New York. Linda Tiano left the firm to become chief legal officer at Healthfirst. Since publication, Eric Newsom has joined Sheppard, Mullin, Richter & Hampton LLP.

McDermott Will & Emery LLP is a major player in the healthcare industry, with its reputation in healthcare insurance and service provider matters being highly regarded. The team’s prowess in handling regulatory matters, transactions and litigation work is demonstrated with its work for Florida Blue, with recent matters for the client including Washington DC-based Joel Michaels and Miami-based Gary Davis advising on Medicare Advantage and Medicare Part D, as well as establishing a joint venture with Crucial Care. Michaels also worked alongside Washington DC-based Ankur Goel to assist the Blue Cross Blue Shield Association with healthcare reform implementation and compliance. Humana and Univision are also clients. Boston-based Stephen Bernstein heads the practice, which has been augmented by the recent hires of James Owens in Los Angeles and Vernessa Pollard in Washington DC, who joined from Paul Hastings LLP and Arnold & Porter respectively. David Klatsky and Anne Hance left for in-house counsel positions.

Greenberg Traurig LLP is ‘the best in New York at knowing the intricacies of state-managed healthcare organizations’, according to one client; it has expertise in regulatory matters - notably including the Affordable Care Act - and substantial experience in fraud and other white-collar criminal cases. The 45-lawyer practice is jointly headed by the highly respected Nancy Taylor in Washington DC and Michael Cherniga in Tallahassee. Among other recent matters, Albany-based Tricia Asaro and Harold Iselin advised Universal American on the sale of Total Care - its Medicaid health plan - to Molina Healthcare, handling the regulatory issues and negotiating the stock purchase agreement. Iselin also assisted with the New York Health Plan Association’s settlement negotiation with the New York State Attorney General to cover chronic hepatitis C cases.

Hogan Lovells US LLP has key offices in Washington DC, Los Angeles and Minneapolis, with expertise in data privacy matters, healthcare transactions and health insurance coverage. Washington DC-based Sheree Kanner heads the practice, which is particularly adept at handling government investigations; Washington DC-based Marcy Wilder, Craig Hoover and Michelle Kisloff led advice to Anthem following its February 2015 cyberattack, assisting with the insurance regulators’ investigations into the breach. Another key highlight was undertaken by Hoover and McLean-based Emily Yinger, who have been representing several Blue Cross Blue Shield companies in multidistrict antitrust litigation pertaining to the client’s alleged violation of federal antitrust laws through its licensing agreements. Thomas Beimers, who joined the Washington DC office from Faegre Baker Daniels, is an expert in False Claims Act investigations.

Jones Day is known for its work regarding reimbursement arrangements, antitrust litigation and Medicaid regulatory matters. Chicago-based Gerald Griffith led the team advising Henry Ford Health System and Health Alliance Plan of Michigan as seller in the sale of the Medicaid membership of HAP Midwest Health Plan to Molina Healthcare. San Francisco-based David Morris assisted a university and its affiliated medical center with the creation of its accountable care model, including advising on its provider network development and shared risk reimbursement plans. Other clients include UPMC Health Plan, Mercy Care Plan and the Blue Cross Blue Shield of Michigan. San Francisco-based James Dutro and Cleveland-based Stephen Sozio head the practice, which includes recent hire Daniel Cody in the San Francisco office, who joined from Reed Smith LLP.

The team at Morgan, Lewis & Bockius LLP, which is led by Howard Young and Brian Jazaeri in Washington DC and Los Angeles respectively, has a fine record in premium tax litigation, class action suits and transactional advice for healthcare service providers, healthcare networks and accountable care organizations. It is currently representing Anthem in multiple behavioral health class action cases concerning the extent of coverage offered; the highly regarded Molly Lane in San Francisco is the lead partner. Cigna, the California Association of Health Plans and Boeing Group Health Plan are also clients. Joyce Cowan in Washington DC and Los Angeles-based David Schrader are other key attorneys.

Reed Smith LLP is an established player in the field of healthcare insurance litigation, where it has been representing Anthem Blue Cross in opposing four putative class actions involving the client’s alleged misrepresentation of the terms and conditions of Affordable Care Act-compliant plans, which the practice was able to end with a $15m settlement. Bad faith claims, unfair competition cases and breach of contract litigation are other areas of recent experience. The firm includes HCSC, Kaiser and United Health Group as clients. Los Angeles-based Kurt Peterson heads the team, in which Ken Smersfelt is another key name. Daniel Cody moved to Jones Day.

Gibson, Dunn & Crutcher LLP undertakes a full range of insurance-related litigation for clients, including federal antitrust matters, Medicare and Medicaid cases, and reimbursement disputes. The team, which includes the well-regarded Richard Doren in Los Angeles, continues to represent major client Aetna in several longstanding federal litigation cases, including an antitrust dispute with Bay Area Surgical Management (BASM). Other clients includes PacifiCare Life and Health Insurance Company and Cigna. Other names to note include New York-based practice head Adam Offenhartz and recently promoted partner Heather Richardson, who is based in Los Angeles.

Groom Law Group is ‘impressive for its combination of industry knowledge, strategic insight, political acumen and solid legal advice’. The firm is known for its Affordable Care Act work, regularly advising health plan administrators, service providers and health insurers on healthcare reform; other areas of expertise include regulatory and compliance matters, mental health parity cases and tax reports relating to market reform rules. Cigna, UnitedHealth Group and Unum are clients. The team includes ‘standout’ practice head Jon Breyfogle and Tamara Killon, who ‘provides sound guidance and effective analysis at lightning speed’. Rachel Levy is recommended for tax matters. Joel Wood joined as counsel from Crowell & Moring LLP.

O’Melveny & Myers LLP has a fine reputation in arbitration proceedings, insurance-related transactions and government investigations. The team is acting for Humana in a False Claims Act case concerning the client’s alleged failure to adhere to Medicare Advantage risk adjustment data requirements. The practice successfully represented UnitedHealth Group and UnitedHealthcare Insurance Company in a class action lawsuit pertaining to alleged use of American Association of Retired Persons royalty payments as unlawful insurance commissions on Medicare products. Anthem, Molina Healthcare and Planned Parenthood are also clients. Practice head David Deaton is based in Newport Beach; Washington DC-based Lee Blalack, Brian Boyle and David Leviss are also key contacts.

Sheppard, Mullin, Richter & Hampton LLP has a robust reputation on the West Coast, with its spectrum of expertise including insurance transactions, regulatory advice and Affordable Care Act matters. Among other work, the team advised Providence Health & Services on its involvement in the establishment of a 20-hospital network for Oscar Health Insurance in California. Other clients include Dignity Health, Trinity Health Partners and Health Essentials. Century City-based Eric Klein heads the practice, which also includes Aytan Dahukey in the same office and Moe Keshavarzi in Los Angeles. Since publication, Eric Newsom has joined in San Francisco from Manatt, Phelps & Phillips, LLP.

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  • Bär & Karrer Advises CEVA Logistics on its IPO, the anchor investment by CMA CGM and its migration

    CEVA Logistics, one of the world's leading third-party logistics companies, successfully priced its IPO and listed its shares on the SIX Swiss Exchange, where trading commenced on 4 May 2018. With a market capitalization of CHF 1.6 billion and generating gross proceeds of CHF 821 million, this is so far considered as the largest IPO on the SIX Swiss Exchange for 2018. In addition, CMA CGM, the third largest container shipping group in the world, has committed to make a strategic cornerstone investment in CEVA Logistics by purchasing CHF 379 million of mandatory convertible securities which will convert into shares of CEVA Logistics once certain regulatory approvals have been obtained. Simultaneously with the IPO, CEVA Holdings, the former holding company of the CEVA group, migrated from the Marshall Islands to Switzerland by way of a cross-border merger with CEVA Logistic as the surviving company.
  • BAG: Employer not liable for harm caused by vaccine

    Employers who have flu vaccines administered within their company are not liable for any harm that might occur as a result of the vaccine. That was the verdict of the Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court, in a recent ruling.
  • Tax Update

    Cyprus Tax Department has announced that, as of June 1 st 2018 , the following taxes, not bearing interest and charges, can ONLY be paid via JCCsmart (website www.jccsmart.com.cy ) . JCCsmart is a Cyprus portal used to contact payments to various organizations including the Government. This measure follows the successful implementation of the Pay As You Earn (PAYE) tax withheld from employees through JCCsmart.
  • Bär & Karrer Advises on the Financing of the Largest Thermoelectric Plant in Latin America

    Centrais Elétricas de Sergipe S.A. (CELSE) has successfully issued bonds for approx. USD 1 billion equivalent in local currency at a fixed, long-term rate in international capital markets. The innovative bond issue is guaranteed by the Swiss Export Risk Insurance (SERV), the export credit agency of Switzerland. The bonds are part of a financial package to finance the development, design, construction, operation and maintenance of a thermoelectric power plant by CELSE in the state of Sergipe in the northeast region of Brazil. Besides the bond issue for approx. USD 1 billion, the transaction includes a USD 200 million loan from the International Finance Corporation and a financial package of the Inter-American Development Bank in the amount of approx. USD 300 million. Once operational expected for in 2020, CELSE will sell electricity to 26 distribution companies in Brazil, becoming the largest and most efficient thermoelectric plant in Latin America and the Caribbean.
  • BAG: Threats made by employee can justify dismissal with immediate effect

    Employers do not have to accept threats made by employees. These can constitute good cause justifying extraordinary notice of dismissal with immediate effect, as demonstrated by a ruling of the Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court.
  • SyCipLaw is Tier 1 Firm in IP STARS 2018 Rankings

    SyCip Salazar Hernandez & Gatmaitan (SyCipLaw) was once again ranked by Managing IP’s IP STARS 2018 as a Tier 1 firm in Patent and Trademarks/Copyright in the Philippines. In addition, SyCipLaw partners Enrique T. Manuel and Vida M. Panganiban-Alindogan are ranked as Trade mark star – Philippines . Mr. Manuel is also ranked as Patent star – Philippines .
  • Bär & Karrer Advises lastminute.com on Partial Self-Tender Offer

    On 21 September 2017, an extraordinary shareholders' meeting of the SIX Swiss Exchange listed lastminute.com N.V. authorized the board of directors to repurchase up to 33 1/3% of the company's share capital by means of a partial self-tender offer. The resolution adopted under Dutch law contained detailed information, among others regarding the period for which the authorization is granted, the manner in which the shares are repurchased and the price range within which the offer price must be set.
  • New Serbian Law on Foreigners Adopted

    In March 2018, the new Serbian Law on Foreigners was adopted, replacing the 2008 version of this law- in force until recently without any amendments. The new law will enter into force on 3 October 2018.
  • The Serbian Law on Foreign Exchange Amended

    On 20 April 2018, the amendments to the Law on Foreign Exchange (the “Law ”) were adopted and will enter into force on 28 April 2018 . Exceptionally, the application of certain provisions related to the assuming of competencies over foreign exchange control by the National Bank of Serbia is delayed until 1 January 2019.
  • Bär & Karrer Advises Vyaire Medical on its Acquisition of Acutronic Medical Systems

    Vyaire Medical, Inc., a global leader in respiratory care, acquired all shares in the Acutronic Medical Systems group, a Switzerland and Germany-based leader in the design and manufacture of neonatal ventilation equipment.