Bio-Reference Labs - Gene Patenting Legislation
Representation of Bio-Reference Laboratories, Inc. in providing legislative advice and governmental solutions to help enable it to conduct diagnostic tests currently prevented by laws allowing owners of gene patents to grant exclusive licenses for those tests.
Small Bone Innovations - Acquisition by Stryker Corporation
Representation of Small Bone Innovations, a leader in the musculoskeletal/orthopedics sector, in connection with its agreement to be acquired by Stryker Corporation, one of the world's leading medical technology companies, in an all-cash transaction valued at up to $375 million.
Small Bone Innovations, Inc. - Credit Facility
Representation of SBI, a leading, privately held orthopedics company focused exclusively on technologies and treatments for the small bones and joints, in a $30 million credit facility with Fortress Credit Corp. to fund accelerated business expansion and refinance existing indebtedness.
Small Bone Innovations - “S.T.A.R.” Acquisition
Representation of Small Bone Innovations in its acquisition of Link America, Inc., including the technology for the S.T.A.R. Ankle--a total ankle replacement prosthesis that is the first of its kind to receive FDA approval in the U.S.
Health Insurer - Government Investigation
Representation of a New York area health insurer in connection with an investigation into claims practices by the New York Attorney General's office. We achieved a cost-effective resolution that avoided litigation and adverse publicity.
Venture Capital Firm - DIP Financing
Representation of a mid-sized venture capital firm in connection with a secured credit facility to a debtor-in-possession in a Chapter 11 bankruptcy case in the United States Bankruptcy Court for the District of Delaware. The debtor/borrower is one of our client's portfolio companies involved in the healthcare sector. In addition to being the DIP lender, our client is also a pre-petition lender to, and holds a majority equity interest in, the debtor.
Asset Manager - Multifamily Property Foreclosure
Representation of the asset manager for an investment bank in foreclosing on, and taking possession of, a multifamily 208-unit apartment complex encumbered by a deed of trust that our client obtained at a HUD auction sale of distressed debt. We obtained possession in less than 120 days, an extremely fast result in these cases.
Fitness Center - Employment Litigation
Representation of a New Jersey fitness center in its severance agreements and employment disputes, including an action for wrongful termination based on disability.
Bio-Reference Labs - Congressional Hearings
We helped Bio-Reference Laboratories, a genetic testing company, convince the House Judiciary Subcommittee on Intellectual Property to hold hearings on October 30, 2007 on the adverse impact of gene patenting on genetic testing by laboratories and on clinical research. Bio-Reference Laboratories' CEO was a key witness. We are working closely with Representative Xavier Becerra of California, a member of the House leadership, as well as with the chair of the Judiciary Committee and Subcommittee for a positive outcome for Bio-Reference.
Assisted Living Facility - State Approval for Expansion
Representation of an assisted living facility in Far Rockaway, New York, in obtaining Congressional and local elected official support for its application for state approval for the expansion and beautification of its facility.
Loan Servicer - Nursing Home Sale
Representation of a servicer for a holder of a defaulted mortgage loan in orchestrating the sale of a nursing home facility in bankruptcy after existing management refused to continue managing the facility. After the sale, the Chapter 11 trustee moved to compel our client to pay all unpaid post-trustee appointment administrative claims. The bankruptcy court in Indianapolis agreed with our argument that the financing stipulation we negotiated for our client with the trustee precluded the trustee's motion, saving substantial out-of-pocket costs.
Asset Manager - Senior Living Facility Foreclosure
Representation of an asset manager for an investment bank in foreclosing on, and taking possession of, a senior living facility encumbered by a deed of trust that our client obtained at a HUD auction sale of distressed debt. We obtained possession in less than sixty days, an extremely fast result in these cases.
Inverness Medical Innovations - Acquisition
Representation of Inverness Medical Innovations, a publicly traded medical device company, in its stock acquisition of a manufacturer and distributor of home testing medical products.
Medical Practice - Equipment License
Representation of a professional medical practice in connection with the license and turnkey delivery of nuclear cardiology imaging equipment and operation.
Medical Device Company - Raiding
Representation of a medical device company in avoiding litigation threatened by a competitor over our client's hiring of several of the competitor's employees.
Medical Device Company - Employment Contract Litigation
Representation of a medical device company, and two individuals in a litigation brought in New Jersey state court by a competitor. The plaintiffs claimed that our clients had violated restrictive covenants in two former employees' contracts, and sought injunctive relief and damages. The Court denied injunctive relief, and the case settled before discovery with no payment by our clients.
Small Bone Innovations - Corporate Transactions
Representation of a small bone orthopedics company in its $42.2 million venture capital transaction; credit facility; joint ventures and strategic alliances and numerous acquisitions and licensing transactions.
New York City Union - Healthcare Software License
Representation of a major New York City union and its benefits fund in negotiating software license and maintenance agreements and an ASP agreement with a large, publicly traded health care technology provider.