This seminar provides a hands-on practical guide to the healthcare M&A process, addressing the various contexts for M&A (e.g. auction, proprietary, joint venture), the best way to organize and highlight due diligence risks, and finally how to protect a buyer from healthcare related financial, regulatory and operation risk post-closing in the definitive M&A documentation.
Two seasoned healthcare practitioners, Mr. Donovan and Mr. Geilfuss of Foley & Lardner LLP, help layout the unique aspects of the healthcare due diligence process, the best ways to identify risks and suggest alternatives to mitigating those risks. More than an overview, specific tools and language will be suggested to accelerate deal process, create a business-oriented practical approach to risk identification and mitigation, and implement a pro-active solution orientation for healthcare professionals as part of broader deal teams.
I. Learn to plug into various deal formats at the inception of a kick-off meeting to have maximum effectiveness and promote early detection of healthcare risks
II. Listen to ways to organize and prioritize various items of diligence including the use of outside billing and valuation consultants
III. Understand how to categorize healthcare risks into “buckets” including successor liability, regulatory, legislative, reimbursement and licensure
IV. Analyze modifications to typical M&A definitive documents to address unique healthcare issues and conditions.
V. Come away with an appreciation of and sensitivity to healthcare issues in M&A, moving beyond identification of risks to practical deal solutions to risk mitigation
Christopher J. Donovan is a partner with Foley & Lardner LLP. He focuses his practice on advising companies and their investors and lenders in mergers and acquisitions, recapitalizations, buyouts and restructurings as well as advising on a broad range of commercial arrangements. Mr. Donovan has particular experience in the health service, particularly post-acute, and life sciences sectors. He has a unique blend of deep regulatory as well as corporate and finance experience to bring to a transaction as a result of his consummating dozens of health and life science deals, both domestic and international. He is a member of the firm’s Health Care and Life Sciences Industry Teams as well as the Private Equity & Venture Capital Practice.
Prior to joining Foley, Mr. Donovan was a member of the Corporate and Health Practice Groups for 29 years in the Boston office of McDermott Will & Emery LLP.
Mr. Donovan earned his law degree from Boston College Law School (J.D., 1981). While in law school, Mr. Donovan was a member of the Boston College International Comparative Law Review. His undergraduate degree was conferred, magna cum laude, from Georgetown University (B.S.F.S., 1978).
C. Frederick Geilfuss II is a partner and health care lawyer with Foley & Lardner LLP. Mr. Geilfuss counsels health systems, hospitals, medical clinics, rehabilitation agencies, nursing homes, and other health care providers on general operational concerns, regulatory and business matters. He has many years of experience in health care acquisitions, integrated delivery service issues, managed care contracting, defense of providers against government enforcement actions, finance, real estate, administrative and medical staff issues, physician recruitment, fraud and abuse matters, and other health law issues. He is a member of the firm’s Health Care Industry Team. Mr. Geilfuss is co-chair of the Health Care Industry Team Business and Transactions Work Group.
Before joining the firm, Mr. Geilfuss served as a law clerk to the Hon. Harlington Wood, Jr., Circuit Judge, on the United States Court of Appeals, Seventh Circuit. Upon completing the clerkship, he became an attorney on the Civil Division Appellate Staff at the United States Department of Justice, representing the United States Department of Health and Human Services in matters involving Medicare and Medicaid, as well as other federal agencies.
Overview content was excellent and presented in a sequential manner that is important to the nature of the information.
High level, general review of healthcare M&A transactions and due diligence, including substantial emphasis on concerns unique to healthcare as a regulated industry
Very thoughtful insights.
Exceptional program, very high quality. Well done.
Excellent. Much higher quality than many of the others I have seen.
Excellent treatment of due diligence issues
Very well done!
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