Matters

The Bethel Methodist Home – Bond Refinancing

Represented our client The Bethel Methodist Home in the defeasance of taxable and tax-exempt bonds and the issuance of new taxable and non-taxable bonds issued by the Westchester County Local Development Corporation in the aggregate amount of approximately $30 million.  The representation involved review and negotiation of bond and financing documents, diligence and discussions surrounding the tax regulatory agreement, coordination of due diligence review of the underlying real estate securing the bonds, and obtaining various regulatory approvals due to the nature of the Borrower as a Continuing Care Retirement Community licensed pursuant to Article 46 of the New York State Public Health Law. The refinancing and issuance of new bonds will result in a substantial net benefit to our client over the term of the bonds. 

American Heritage Communities – Financing for Senior Housing in PA and NJ

Represented American Heritage Communities in the $78 million construction loan and mezzanine loan for the development of a continuing care retirement community (CCRC) in Reading, PA ad the $49 million acquisition and financing of a senior housing age-restricted community in Teaneck, NJ.

Pharmaceutical Company – Product Liability and Consumer Fraud

Defense of a major pharmaceutical manufacturer in a national litigation involving claims of failure to warn and consumer fraud.

PH Holdings – $6.4 Million Pharma Research Facility Sale

Represented PH Holdings, a pharmaceutical manufacturer, in the $6.4MM sale of its research facility in East Windsor, N.J. to Aurobino Pharma.

Drugstore Chain – Retail Leases

Represented a national drugstore chain in the leasing of retail locations throughout the U.S.  

Terra Holdings – Hospital for Special Surgery Commercial Lease

Represented Terra Holdings in the Hospital for Special Surgery’s lease of 17,000-sq.-ft. of space at 770 Lexington Avenue in New York City.

American Heritage Communities – Pennsylvania Assisted Living Facility Financing

Represented American Heritage Communities as borrower on a term and construction loan facility in connection with the development of an assisted living facility in Reading, PA.

Historic & New Market Tax Credits – Redevelopment of Historic Building Philadelphia, PA

Represented a regional bank and their investment partner in financing the acquisition and redevelopment of a historic building in Philadelphia into a 254,000-sq.-ft. public health campus which will serve the local community and for which the bank will receive New Markets Tax Credits. The project was also financed with Historic Tax Credits due to the nature of the building’s historical importance.

Senior Care Development – 53-story Retirement Community Sale, Chicago

Represented David Reis and Senior Care Development in the structuring and sale of The Clare, a 53-story 338-unit Continuing Care Retirement Community (CCRC) located in Chicago.

Major Healthcare Institution – Zoning & Land Use Matters

Representing a major healthcare institution in zoning and land use matters related to their real estate portfolio, and potential acquisitions.

Artis Senior Living LLC – NYC Land Use and Zoning

Represent Artis Senior Living LLC, national long term care operators, on property review and zoning regulations related to potential development in New York City.

Medical Device Company Executive – Grand Jury and Regulatory Investigations

Represented a medical device company's former Vice President of Sales in parallel federal grand jury and Health and Human Services Department investigations of alleged pay-offs to doctors.

Healthcare Services Provider – Alleged Violations of FLSA and Connecticut Wage and Hour Laws

Negotiated a favorable settlement on behalf of a leading provider of mental health services to resolve litigation filed in Connecticut federal court by a former staff psychologist alleging wrongful termination and failure to pay wages pursuant to the Fair Labor Standards Act and Connecticut Wage and Hour law.

Residential Healthcare Facility – Wage/Hour Class Action

Represented a nursing and residential health care facility in a wage and hour collective and class action lawsuit alleging violations of federal and state labor laws. This litigation was settled on terms favorable to our client.

Global Medical Research Company – Software Licensing Dispute

Represented a global medical research company seeking declaratory relief and claiming breach of contract for software license fees.

Consumer Products Manufacturer – Product Liability

Defense of a major international consumer products manufacturer in actions arising from misuse of personal care products.

Pharmaceutical Company – Consumer Fraud Class Action Dismissed with Prejudice

Achieved a significant victory in New Jersey federal court on behalf of a pharmaceutical company, securing the dismissal of our client from a putative class action  alleging violations of consumer fraud laws in the marketing of product. Finding that the plaintiffs had failed to remedy basic pleading deficiencies in their original complaint, dismissed for lack of jurisdiction and failure to state a claim, the court dismissed the  amended complaint with prejudice since “further amendment would be futile.”

Bermudian Reinsurer – Creative International Indemnity Plan

Represented a major Bermudian reinsurer in forming a limited medical benefit indemnity plan for members of an association which included reimbursement for in-patient hospital procedures, surgical benefits, doctor visits, emergency treatment, and accidental death and dismemberment benefits. We helped the reinsurer choose the most appropriate structure to reinsure the plan, drafted the necessary policy and treaty documentation, and analyzed pertinent regulatory issues.

New York City Union – Healthcare Software License

Represented 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.