PRESS RELEASE
McDermott Adds Partner Denise Burke and Senior Counsel Lester Perling to Prominent Healthcare Practice
June 16, 2022
Read time: 4 min
International law firm McDermott Will & Emery is pleased to announce Denise Burke as partner and Lester Perling as senior counsel to our globally recognized Healthcare Practice Group. Denise and Lester bring more than 70 years of combined experience advising healthcare companies on compliance with federal and state fraud and abuse laws including Stark Law, False Claims Act, anti-kickback laws and the variety of regulations governing Medicare and Medicaid reimbursement.
“Denise and Lester are two of the most seasoned and reputable regulatory healthcare lawyers in the country,” Jerry Sokol, global head of McDermott’s Healthcare Practice Group said. “Given McDermott’s unique position as the gold standard for healthcare law, any additions to our regulatory practice must satisfy our “best in class” standard. Lester and Denise clearly meet this standard. Adding these two preeminent regulatory powerhouses to our current stable of global regulatory partners makes us even more indispensable to our clients.”
“I’m excited to join McDermott’s second-to-none healthcare team and look forward to creating resilient compliance solutions and regulatory pathways for clients that will enable them to succeed in an increasingly complex market,” Denise said.
Denise has more three decades of experience counseling hospitals, post-acute care providers, physician practice management companies, private equity investors, venture capital funds, medical device manufacturers, and other healthcare clients on a wide range of healthcare regulatory matters. Her in-house experience in hospital, home health, durable medical equipment and physician practice management settings make her a trusted and enthusiastic strategic advisor on both day-to-day and long-term programs that sustain government scrutiny and meet organizational goals. She is certified in healthcare compliance by the Health Care Compliance Association. Prior to joining the Firm, Denise was a partner at Waller Lansden Dortch & Davis.
Lester notes, “The depth and breadth of McDermott’s healthcare practice offers countless opportunities for my experience to benefit current and prospective clients. I am thrilled to have joined this team.”
Lester counsels healthcare providers on a variety of regulatory, compliance, enforcement and reimbursement matters, with particular focus on fraud and abuse compliance and investigations. He leverages decades of health industry experience, including 10 years of experience as a healthcare executive, to develop creative approaches to complex legal concerns. He is board-certified in health law by The Florida Bar and certified in healthcare compliance by the Health Care Compliance Association. Lester joined McDermott from Nelson Mullins Riley & Scarborough LLP.
McDermott is the nation’s leading health law firm and is the only health practice to receive top national rankings from U.S. News – Best Lawyers “Best Law Firms,” Chambers USA, The Legal 500 US and Law360. The practice was also recognized by Chambers as “Healthcare Team of the Year” in 2010, 2013, 2017, 2019 and 2022. McDermott has also held the top spot in PitchBook’s League Tables as the most active firm for healthcare private equity since 2017.
McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. Our team works seamlessly across practices and industries to deliver highly effective solutions that propel success. More than 1,200 lawyers strong, we bring our personal passion and legal prowess to bear in every matter for our clients and the people they serve.
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DaVita Must Return Rather Than Destroy No-Poach Docs
COVERAGE
DaVita Must Return Rather Than Destroy No-Poach Docs
June 15, 2022
Read time: 2 min
Jeffrey Stone, Justin Murphy and Katharine O’Connor are featured in Law360.
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Amid Rising Market Volatility, McDermott Lures Litigators From MoFo, King & Spalding
COVERAGE
Amid Rising Market Volatility, McDermott Lures Litigators From MoFo, King & Spalding
June 15, 2022
Read time: 2 min
Partners, Joel Haims, Jonathan Henry and Steven Scholes are featured in The American Lawyer.
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SCOTUS Overturns 2018, 2019 Medicare Pay Cuts To 340B Hospitals
COVERAGE
SCOTUS Overturns 2018, 2019 Medicare Pay Cuts To 340B Hospitals
June 15, 2022
Read time: 2 min
Partner, Emily Cook is quoted in Inside Health Policy where she discusses the SCOTUS unanimous ruling that overturned a large pay cut to hospitals for drugs obtained through the 340B discount program because CMS failed to collect hospitals’ acquisition costs.
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McDermott Adds Commercial Litigators in New York and Washington, DC
PRESS RELEASE
McDermott Adds Commercial Litigators in New York and Washington, DC
June 15, 2022
Read time: 4 min
International law firm McDermott Will & Emery is pleased to announce the addition of two partners to its Litigation Practice Group: Joel Haims in New York and Jonathan (Jon) Henry in Washington, DC. Joel is a highly respected litigator with vast experience handling securities and complex commercial cases, while Jon represents some of the largest accounting firms across the United States and has served as first-chair trial lawyer in many influential commercial disputes.
“We advise our clients through a wide variety of complex litigation, providing strategic counsel from investigations through trial,” Steven Scholes, global head of McDermott’s Litigation Practice Group, said. “Joel and Jon have achieved exceptional outcomes for their clients, and we look forward to their continued successes here at McDermott representing clients in the professional services, real estate and oil and gas industries.”
Joel focuses his practice on securities litigation, including class actions, shareholder derivative cases and corporate control litigation. He also adds depth to our capabilities representing clients in US Securities and Exchange Commission (SEC) enforcement proceedings and internal investigations. Joel also has extensive experience litigating complex commercial cases, including cases involving commercial real estate transactions, bankruptcies and religious rights.
Joel joins from Morrison & Foerster LLP where he served twice as the firm’s global co-chair of the Securities, Litigation, Enforcement and White-Collar Defense Group. He is recognized by both Chambers USA and Legal 500 for his work in securities litigation.
“I am excited to join McDermott because of its talented team of lawyers, its collaborative culture and its momentum,” Joel said. “I look forward to continued success representing my clients and to expanding the Firm’s existing capabilities.”
Jon brings deep trial experience representing large accounting firms and their professionals, successfully defending them in numerous high profile accounting cases. He also represents large accounting firms and their professionals in regulatory and financial investigations by the US Department of Justice and US regulatory agencies, including the Public Company Accounting Oversight Board and the SEC. He also represents clients in high-stakes, complex commercial litigation.
Jon joins from King & Spalding. He received his BA and JD from the University of Virginia.
McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. Our team works seamlessly across practices and industries to deliver highly effective solutions that propel success. More than 1,200 lawyers strong, we bring our personal passion and legal prowess to bear in every matter for our clients and the people they serve.
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The Legal Tech Fund Bags $28.5m from Orrick, McDermott + DocuSign + Others
COVERAGE
The Legal Tech Fund Bags $28.5m from Orrick, McDermott + DocuSign + Others
June 14, 2022
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McDermott’s Chair, Ira Coleman is quoted in Artifical Lawyer.
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How Telehealth Adoption May Drive Increase in Value-Based Care Adoption
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How Telehealth Adoption May Drive Increase in Value-Based Care Adoption
June 14, 2022
Read time: 2 min
Partners, Marshall Jackson Jr. and Jeremy Earl author this article in Westlaw Today where they suggest that increased use of telehealth during the COVID-19 pandemic may lead to an increase in the adoption of value-based care models that reward providers for efficiency and effectiveness.
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McDermott Secures Appeals Court Decision Affirming Dismissal of Class Action Against Trustpilot
PRESS RELEASE
McDermott Secures Appeals Court Decision Affirming Dismissal of Class Action Against Trustpilot
June 14, 2022
Read time: 4 min
International law firm McDermott Will & Emery represented Trustpilot, Inc., a leading online business review platform, in obtaining the affirmance of the dismissal of a class action complaint with prejudice by the United States Court of Appeals for the Second Circuit.
“We are gratified that the Second Circuit agreed with Judge Rakoff’s decision to dismiss the class action brought against our client, absolving Trustpilot of all deceptive business practice and related claims brought against them,” Andrew Kratenstein, McDermott’s lead partner in the case and who argued the appeal, said. “Trustpilot is a highly respected company, and we are delighted to have succeeded in achieving this complete victory for our client.”
Trustpilot is a digital platform that brings businesses and consumers together to foster trust and inspire collaboration, allowing users to post reviews of businesses on its website. Businesses are able to contract with Trustpilot to collect and manage information concerning the reviews, providing subscriptions that allow businesses to access consumer insight data and obtain consulting services concerning how reviews of the business are displayed online. Per the terms of the subscription agreement, Trustpilot automatically renews these subscriptions unless the subscriber notifies Trustpilot of its desire to cancel at least 30 days before the end of the subscription’s term.
Plaintiffs sued on behalf of a putative nationwide class of Trustpilot subscribers, asserting claims for deceptive business practices under New York law and other states’ unfair business practices statutes, as well as claims for breach of contract, breach of the implied covenant of good faith and fair dealing and unjust enrichment.
On June 29, 2021, Judge Jed Rakoff of the United States District Court for the Southern District of New York agreed with the McDermott team’s arguments and granted Trustpilot’s motion to dismiss the case with prejudice. The Plaintiffs then appealed. The Second Circuit agreed with McDermott’s argument that the Plaintiffs’ contractual claims failed because the parties’ valid and enforceable subscription agreements clearly disclosed Trustpilot’s auto-renewal policies and did not require Trustpilot to send renewal-reminders. The Second Circuit also agreed that the NYGBL §§ 349-50 claim was properly dismissed because Plaintiffs failed to allege that the conduct was deceptive. Finally, the Second Circuit held that Plaintiffs’ NYGOL § 5-903 claim failed because any connection to personal property was merely incidental to Trustpilot’s provision of consulting, analytical or administrative services and thus the statute did not apply.
The McDermott team was led by Andrew Kratenstein and William Donovan, Jr. and included Caroline Incledon and Kierstin Fowler. The full case name is Trustpilot Damages LLC, et al. v. Trustpilot Inc.
McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. Our team works seamlessly across practices and industries to deliver highly effective solutions that propel success. More than 1,200 lawyers strong, we bring our personal passion and legal prowess to bear in every matter for our clients and the people they serve.
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Justices Say Navajo Man Didn’t Face Double Jeopardy
COVERAGE
Justices Say Navajo Man Didn’t Face Double Jeopardy
June 13, 2022
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Partners, Michael Kimberly and Paul Hughes are featured in Law360.
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Services for Transgender North Carolinians Must be Covered Under State Health Plan, Judge Rules in Winston-Salem
COVERAGE
Services for Transgender North Carolinians Must be Covered Under State Health Plan, Judge Rules in Winston-Salem
June 13, 2022
Read time: 2 min
Michael Weaver, Dmitriy Tishyevich, Warren Haskel, Lauren Evans and Adam Safer are featured in Fox 8’s North Carolina News.