BUILDING YOUR BUSINESS IN HEALTH IT.

Transcription

1 BUILDING YOUR BUSINESS IN HEALTH IT Delaware Florida New Jersey New York Ohio Pennsylvania Washington, DC Hong Kong

2 Representative Health IT Clients Empow-Rx LLC

3 About Blank Rome BLANK ROME LLP is a Diamond Level sponsor of HIMSS and a leading provider of health law and public policy services to Health IT companies. Our lawyers help entrepreneurs, established companies, and investors build health information technology companies by providing legal advice in areas such as: capital formation and corporate law employment and human capital health law financial services intellectual property protection and litigation mergers and acquisitions government contracting government relations, through Blank Rome Government Relations LLC About Blank Rome Blank Rome s Approach to Service At Blank Rome we take the time to understand our clients businesses, market positions, and objectives. Quite simply: at Blank Rome, client needs come first. We invest the time up front to ensure we have a clear agenda, a concise plan, and measurable goals. We understand that you want a team that does more than provide legal advice. You want a team that knows your business and can leverage your efforts, respond quickly to your needs, keep you informed, and initiate a proactive strategy. European Union Alliance Through our strategic alliance with Brussels-based public affairs and public relations agency Interel, Blank Rome can also provide a seamless U.S. E.U. legal, government relations and lobbying, and strategic communications service to businesses increasingly impacted by decisions made on both sides of the Atlantic. More information on Interel can be found at

4 Health Law OUR HEALTH IT TEAM has been nationally recognized for their counsel on critical issues facing Health IT industry clients, including: electronic health records and personal health records HIE, HIN, and RHIO developments privacy and security liability, risk management, and indemnification certification and interoperability data sharing agreements fraud and abuse compliance and enforcement regulatory compliance drug and medical device approvals Our experienced Health IT team includes lawyers who have served federal and state governments as well as private industry. Our experience includes service as counsel to three governors of Pennsylvania on health issues, as well as chief counsel to the Pennsylvania Department of Health. We have also served on important Department of Justice and FBI enforcement policy committees in Washington and with the United States Department of Health and Human Services. We have worked extensively on healthcare matters with the Department of Justice, Office of the Inspector General, the U.S. Attorneys' Offices in numerous jurisdictions around the country, and the Centers for Medicare and Medicaid Services and its contracting community. 2

5 Employment and Human Capital OUR HEALTH IT TEAM can help you navigate the web of federal, state, and local laws that affect Health IT companies and their employees. We counsel employers to meet the legal challenges of the 21st century workplace in areas such as: human and intellectual capital protection SOX compliance, affirmative action, and diversity hiring and firing immigration employee benefits executive compensation corporate transactions Our approach provides clients with legal advice, counseling, representation in litigation, and training in all aspects of labor, employment, and benefits law. We also help clients prevent or defend against costly employment discrimination actions. Sophisticated advice and timely counsel are needed to manage an organization s most important asset its people 3

6 Capital Formation and Corporate Law OUR HEALTH IT TEAM provides strategic and timely advice to emerging, privately held, and publicly held Health IT clients. Services to emerging businesses include: company formation growing profitability retaining and valuing employees to prevent rapid turnover creating liquidity dealing with competitive threats, including intellectual property theft and competitors with greater assets and staying power Our work with publicly held Health IT companies allows us to offer experience on securities trans actions, M&A, regulatory compliance, and corporate governance issues such as: executive and director compensation annual meetings and proxy contests audit and special committee representations going-private transactions PIPEs public and private offerings of equity and debt securities SPACs state securities law compliance 4

7 Financial Services BLANK ROME OFFERS Health IT companies a significant depth of talent in financial services legal matters and extensive experience in representing senior and subordinate lenders, including mezzanine and second-lien lenders, as well as our corporate clients, in structuring, negotiating, and documenting all types of complex financing transactions. We combine sophisticated commercial finance and lending experience with a strong familiarity with healthcare, tax, real estate, intellectual property, and securities law. Blank Rome s financial services group regularly represents many of the nation s leading players in lending, leasing, and specialty finance. The practice group provides a broad range of services to clients, including: financing the healthcare industry business finance, including asset-based finance, equipment leasing, general commercial/corporate finance, and real estate lending securitizations private equity fund formation, management, and operation loan workouts and restructurings 5

8 IP Protection & Litigation BLANK ROME S Health IT team covers every aspect of national and international patent, trademark, and copyright law for a wide range of clients. Our individual attorneys and multi-disciplinary teams have extensive experience in investigating, procuring, and enforcing intellectual property rights, as well as in licensing and other business transactions in which intellectual property and technology are key components. We help clients protect their good ideas, get money from their great ideas, and keep others from using their great ideas. Our services include representations related to: patent issues trademark issues copyright issues privacy/security issues international issues remote healthcare advice issues licensing agreements 6

9 Mergers and Acquisitions THE M&A ATTORNEYS on our Health IT team are extremely active in the purchase, sale, and combination of a variety of Health IT business entities, both publicly and privately owned. We work closely with clients to provide legal skills and counsel in planning, structuring, negotiating, and consummating a variety of acquisition transactions. Our merger and acquisition capabilities include: advising boards on fiduciary duties negotiating and drafting letters of intent and merger agreements preparing bank, Hart-Scott-Rodino, and securities regulatory filings preparing stock and asset purchase agreements structuring transactions tax structuring We have been involved in all aspects of leveraged buyouts, from acquisitions by financial buyers to management-led buyouts, and are adept at handling the acquisition and financing of public and non-public companies of all sizes. We have advised companies, management, and financial sponsors in numerous going- private transactions, employee stock ownership plan acquisition trans actions, friendly and hostile takeovers, making of acquisition offers, responding to acquisition offers, restructurings and workouts, and spin-offs of company divisions. 7

10 Government Contracting IN THE HEALTH IT MARKET, Blank Rome offers six discreet solutions designed to increase our clients government market share and profitability. We drive new business to our clients, and then assist them in executing it profitably through counseling, negotiations support, and advocacy. Our solutions are listed below. SpecEdge: A service which uses legal and legislative processes to impact solicitation specifications. DealCrafter: Our practitioners improve the profitability potential in our clients, prime and subcontracts by procurement counseling, legal drafting, and negotiation support, especially as it relates to performance-based contracting. SBAEdge: Links together SBA preferenced and non-preferenced contractors, and advises on methods to become eligible for set-aside, sole-source, and other restricted opportunities. Business Generation Portal: An exclusive web portal for Health IT business opportunities, competitive intelligence, regulatory information, and legal support. SolutionConform: This service gives IT providers a competitive edge and avoids wasted development investment and rework. Program Funding and Appropriations: Assistance is provided in securing program funding and appropriations for our clients solutions through Congress and the executive agencies. We are proud to partner with FedSources, the nation s premier provider of government market intelligence. Please visit 8

11 Government Relations THE GOVERNMENT AFFAIRS component of our Health IT team is comprised of a team of top legal, lobbying, government contracts, and strategic communications professionals with first-hand knowledge of the legislative and administrative process in Washington, DC. They have numerous contacts with public policy makers at state and federal levels and are capable of handling regulatory filings before federal and state regulatory commissions. Our services include: influencing legislation and agency decision-making that may directly or indirectly impact clients and their industries identifying and securing federal funding sources for client programs connecting clients to decision makers designing grass-roots campaigns to influence key legislators and harness public support crafting issue-specific media strategies at local and national levels building and managing coalitions drafting legislative and regulatory materials and Congressional report language preparing position papers, briefing books, and policy histories of the client s perspective in the debate preparing witnesses for hearings, drafting testimony, advising clients during the Congressional hearing, or testifying on behalf of clients before Congressional panels representing clients in, or advising clients of, Congressional and executivebranch investigations tracking and reporting on legislative and regulatory developments 9

12 Blank Rome s Professionals Blank Rome s Professionals, Recognized In Their Fields Lawrence J. Beaser Partner, Health Law Practice beaser@blankrome.com J. Caleb Boggs III Partner, Government Relations Practice Principal, Blank Rome Government Relations LLC boggs@blankrome.com Howard A. Burde Partner and Practice Group Chair, Health Law Practice burde@blankrome.com Michael H. Cook Partner, Health Law Practice cook@blankrome.com Jennifer J. Daniels Partner, Health Law Practice daniels@blankrome.com Iana C. Desouza Associate, Health Law Practice desouza@blankrome.com Thomas P. Dwyer Partner, Privately Held and Emerging Companies Practice dwyer@blankrome.com Katherine R. Friscia Associate, Health Law Practice friscia@blankrome.com 10

13 William E. Gramlich Counsel, Health Law Practice Michael J. Hanlon Partner and Practice Group Chair, Employment, Benefits and Labor Practice Blank Rome s Professionals Albert B. Krachman Partner, Government Contracts Practice krachman@blankrome.com Judith K. Meritz Partner, Health Law Practice meritz@blankrome.com Peter A. Peyser Principal, Blank Rome Government Relations LLC peyser@blankrome.com Mark I. Rabinowitz Partner and Practice Group Chair, Financial Services Practice rabinowitz-mi@blankrome.com Louis M. Rappaport Partner, Privately Held and Emerging Companies Practice rappaport@blankrome.com 11

14 Blank Rome s Professionals Kristi L. Remington Partner, Government Relations Practice Group remington@blankrome.com H. Keeto Sabharwal Partner, Intellectual Property and Technology Practice sabharwal@blankrome.com John D. Shire Partner, Health Law Practice shire@blankrome.com James R. Staiger Partner, Privately-Held and Emerging Companies Practice Group staiger@blankrome.com Hardy Vieux Associate, Health Law Practice vieux@blankrome.com Peter S. Weissman Partner, Intellectual Property Litigation weissman@blankrome.com Charles R. Wolfe Jr. Partner, Intellectual Property and Technology Practice wolfe@blankrome.com Alan L. Zeiger Partner and Practice Group Chair, Privately Held and Emerging Companies Practice zeiger@blankrome.com 12

15 Copyright 2008 by Blank Rome LLP. All rights reserved.

16 BUILDING YOUR BUSINESS IN HEALTH IT Delaware Florida New Jersey New York Ohio Pennsylvania Washington, DC Hong Kong