SPECIALITY PHARMACY PURCHASE AND SERVICE AGREEMENTS
Jon Eisenberg has helped a specialty pharmacy negotiate purchase and service agreements with approximately 60 drug and biologics manufacturers and with associated HIPAA and compliance issues, enabling the pharmacy to significantly increase its prescription volume, revenue and market position.
Kent Larson served as key member of a team that helped a client develop a complex strategic alliance with a major industry leader, generating growth and market recognition, which in turn drove expansion of shareholder value by nearly a billion dollars — essentially a ten-fold increase in market capitalization.
EEOC RACIAL DISCRIMINATION CLAIM
Publicly traded company had an EEOC Charge filed by a discharged employee claiming racial discrimination. David Cossi interviewed numerous employees and reviewed documents. He wrote a comprehensive response that resulted in EEOC dismissing the claim.
MANAGEMENT OF NATIONAL FRANCHISE LITIGATION
Jon Eisenberg managed the nationwide defense of a Fortune 100 food company’s litigation brought by franchisees challenging the company’s dual-distribution system through franchise stores and non-franchise retail outlets. The legal team obtained several favorable summary judgment rulings that led to dismissal or quick settlement of all remaining cases. The court rulings also vindicated the company’s franchise agreement commercial terms, enabling the company to maintain and grow its business in the future.
ADDING VALUE TO A COMPLEX FRAUD CASE
Publicly traded company was concerned whether the litigation was fully positioned to succeed in a complex, $50M transactional fraud case and brought in David Cossi to review the case. David reviewed and analyzed the file (thousands of documents, extensive pleadings and discovery). He identified and developed a legal theory that was not part of the case and the facts to support it. The Trial Court as basis for allowing the case to continue adopted this theory. The new legal theory and facts strengthened and added to the value of the case.
PBM GOVERNMENT HEALTHCARE PROGRAMS COMPLIANCE
Jon Eisenberg has assisted a pharmacy benefit management (PBM) company in addressing contract, HIPAA and Anti-Kickback Statute issues related to Medicare and Medicaid plans, and in rolling out new state Medicaid plans, helping the PBM to achieve its goal of growing the business while demonstrating industry leadership in government program compliance.
Documenting Performance Problems
Employee with medical condition that limited his mobility was not performing to the standards required. David Cossi conducted an investigation, convinced managers that the appropriate action was to document performance problems while ensuring that all of employees rights under the Americans with Disabilities Act were met. He established a performance improvement plan rather than immediate termination. Employee resigned within a few days of the PIP being put in place, avoiding further potential liability.
SUNSHINE ACT REPORTING
Jon Eisenberg has advised a medical device company in establishing effective processes for compliance with the Phyhsician Payments Sunshine Act and corresponding state law requirements, enabling the company to maintain legal compliance as well as strong customer relationships.
FINDING THE RIGHT LEGAL THEORY
Opposing counsel was demanding excessive damages on a wrongful termination case. As in-house counsel David Cossi was charged with file assessment to identify options for resolution. He assessed the file, conducted research, and identified a legal theory that would result in dismissal. David brought outside counsel up to speed, and then communicated with opposing counsel. The case was settled for less than 10% of original demand and less than legal fees for obtaining a dismissal.
MAJOR REVISON OF EMPLOYEE HANDBOOK
A publicly traded company with national and international plants, distribution, and sales networks needed its Employee Handbook revised to reflect its new strategic vision. David Cossi worked with HR and other business units and made major modifications to bring the Handbook into compliance with the laws, policies, new direction of the company and corporate code of conduct.
Jon Eisenberg assisted a Fortune 500 medical technology company in the divestiture of several non-strategic product lines. The project included managing the withdrawal of important products from a worldwide distributor network. The project was completed without incurring distributor litigation or the associated expenses in any country. Additional efforts involved the preservation of intellectual property needed in the future and the out-licensing of IP rights needed by purchasers.
RECOVERY FROM KEY SUPPLIER FAILURE
Jon Eisenberg assisted a Fortune 500 medical technology company in recovering from the financial collapse of a major European supplier of finished devices. The recovery project included reclaiming company-owned product and equipment from a bankruptcy trustee in Europe as well as managing the company’s involvement in bankruptcy proceedings in two European countries. Completion of the recovery project enabled the resumption of production and worldwide distribution of the medical devices.
Company needed an investigation into a complex sexual harassment claim. There were over 50 separate factual incidents alleged involving a large group of employees. David Cossi interviewed 17 employees and wrote comprehensive report that aided the resolution of the claim.
Kent Larson developed licensing agreements for a software company that enabled a successful transition from traditional perpetual licenses to subscription-based software-as-a-service (SaaS) licenses, resulting in rapid growth of profitability and the sale of the turnaround business for nearly $150 million 3 years later.
HIPPA SECURITY RULE COMPLIANCE ISSUE
Publicly traded company needed to have its group health plan become compliant with the HIPAA Security Rule. As in-house counsel David Cossi conducted an audit that discovered a recent acquisition, payroll being moved from HR to Finance, and IT only beginning to establish SOP’s. Over 3 months, David worked with 5 business units and newly acquired subsidiary to create new policies and bring procedures into alignment to guard “protected health information.” He integrated IT compliance issues into Security Rule requirements and brought company into compliance with a self-administrable program for maintaining compliance.
STRATEGIC LICENSING AND TECH TRANSFER
Kent Larson helped an emerging semiconductor company develop strategic licensing and technology relationships that established it as a “player” in its industry and led to the sale of the 4-year old business for nearly $300 million.
DISTRIBUTOR AND SALES REP AGREEMENTS
Kent Larson helped an emerging growth medical device company build a global (over 75 countries) network of distributors and sales reps to produce explosive revenue growth, culminating in a multi-billion dollar sale of the business to a major multinational company.