Denise has extensive experience in federal and state fraud and abuse matters involving the Stark Law, anti-kickback laws and the False Claims Act. As a former Compliance Officer, quality management professional, healthcare administrator and a key member of a Deferred Prosecution Federal Monitor Team for a medical device company, Denise has valuable first-hand experience developing effective compliance programs that sustain government scrutiny and meet organizational goals. She assists clients with internal and external investigations and audits, Stark Law self-disclosures and OIG Advisory Opinion Requests. Denise’s 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 healthcare operations issues and long-term objectives. She is currently engaged to serve as an Independent Review Organization for two hospitals pursuant to OIG Corporate Integrity Agreements.

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• Mid-South Super Lawyers (Thomson Reuters), Healthcare, 2006-2008, 2011-2015, 2017-2021
• Best Lawyers Business Edition, Honored as a Woman of Influence, 2017

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• American Bar Foundation, Fellow
• Nashville Health Care Council, Class of 2016, Fellow
• Memphis, Tennessee, and American Bar Associations, Member
• American Health Law Association, Member
• Institute for Health Law & Policy at the University of Memphis Cecil C. Humphreys School of Law, Advisory Board Member
• American Health Information Management Association. Member
• Health Care Compliance Association, Member
• TBA Health Law Section, 2016 Chairman, Executive Counsel

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Additionally, Patrick frequently assists clients in matters related to the design and operation of nonqualified retirement plans, equity and equity-based incentive arrangements, and Affordable Care Act compliance. He has also represented clients in connection with IRS, US Department of Labor and Pension Benefit Guaranty Corporation negotiations.

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• Represented Martis Capital, a private equity firm, and its portfolio company, Lighthouse Laboratory Services, in the acquisition of the business of Alternative Biomedical Solutions, a provider of laboratory technologies and services in the US and Canada
• Represented Nautic Partners, LLC, a Rhode-Island based private equity firm, in its acquisition of Advantage Healthcare Services, an independent pharmacy group specializing in behavioral health in California
• Represented H.I.G. Capital LLC, a leading global alternative investment firm, in its cross-border sale of its majority share in Recochem, a global leader in formulating, producing, contract packaging and wholesale distribution of household and transportation fluids, to CapVest Partners LLP
• Represented H.I.G. Capital, LLC, a leading global alternative investment firm, in its acquisition of the spine business of Zimvie Inc., a publicly traded company and global life sciences leader in the dental and spinal markets. The deal is expected to close in the first half of 2024.
• Represented Blue Star Innovation Partners in its acquisition of OfficeRnD, a UK-based software company that specializes in providing hybrid workspace solutions
• Represented M/C Partners, a Boston-based private equity firm focused on digital infrastructure and technology services, in its acquisition of a majority interest in Consortium Networks, LLC, a provider of cybersecurity-concierge services
• Represented Destillers United Group S.L., a Spanish company, together with certain of its affiliates including in the United States, Panama, Venezuela and Portugal (Madeira) (collectively, “DUG”), in the sale of its award-winning super premium Diplomático Rum brand and related assets to Brown-Forman Corporation, the publicly traded international spirits company best known for its Jack Daniels whiskey
• Represented Calendly, LLC in its acquisition of Prelude, a fast-growing recruiting operations platform designed to build an efficient hiring process
• Represented I.G. Capital, LLC in its acquisition of Barton & Associates, a leading national locum tenens physician, nurse practitioner, physician assistant, certified registered nurse anesthetist and dentist staffing and recruiting firm
• Represented Gemspring Capital Management, LLC in the acquisition of Bradford Soap International, Inc., a leading developer, formulator and manufacturer of beauty and personal care products
• Represented Hidden Harbor Capital Partners in its agreement to acquire Dayco, an engine products and drive systems supplier for the automotive and aftermarket industries
• Represented Revecore, a provider of revenue integrity and complex claims solutions for hospital and health systems and portfolio company of Riverside Partners and GrowthCurve, in its acquisition of Kemberton and Cura Revenue Cycle Management
• Represented Astor Place Holdings, the private investment arm of Select Equity Group, LLP, and its portfolio company, Douglas Electrical Components, Inc., in the acquisition of Electronic Product Industries, LLC, a powder-to-package electronics packaging manufacturer specializing in high temperature co-fired ceramic (HTCC) and hermetic glass-to-metal packaging solutions
• Represented Murray Energy Holdings Co. and certain of its subsidiaries in their Chapter 11 cases in the United States Bankruptcy Court for the Southern District of Ohio*

*Matter handled prior to joining the firm.

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Billy represents leading financial institutions in high-profile transactions for significant developments, including projects in Hudson Yards, Columbus Circle, and St. John’s Terminal in New York City. He also handles transactions involving a wide variety of asset classes, including office buildings, multi-family, hotels and condominiums.

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Shu Min’s practice is complemented by a wide-ranging advisory portfolio, covering the Foreign Corrupt Practices Act, antitrust, cybersecurity, data privacy, employment and other regulatory and compliance matters. She also conducts audits, third party diligence and compliance training for clients, and helps companies develop and enhance their compliance framework globally and regionally.

Prior to joining McDermott, Shu Min practiced in London, Hong Kong and Singapore, and also spent time on secondment to a global telecommunications company. Shu Min is fluent in English and Mandarin.

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• Advising a US listed medical device company in multiple investigations in China, in relation to alleged bribery, kickbacks, falsification of sales and financial records and collusion with distributors*
• Advising a global telecommunications company in relation to multiple regulatory investigations and litigation arising out of financial irregularities within its European subsidiary*
• Advising US listed and other multinational corporations in the life sciences sector in relation to compliance with anti-bribery and corruption, anti-trust, anti-money laundering and sector-specific regulatory requirements (including interactions with healthcare professionals and government officials, advertising and promotion, medical education, disease awareness campaigns, sponsorships, grants, donations and third party due diligence)*
• Acting for two sets of receivers appointed by the English High Court in a commercial fraud case worth over US$6 billion, including advising on asset-tracing and recovery operations and the recognition and enforcement of judgments in Europe and offshore jurisdictions such as the British Virgin Islands, the Seychelles and Belize*

*Matter handled prior to joining McDermott

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Yuet has led investigations and compliance projects across Europe, the Middle East, Latin America and all of Asia Pacific, and she has represented clients on matters involving the US Department of Justice, the US Securities and Exchange Commission, FINRA, as well as investigations by various enforcement agencies in Asia such as the Hong Kong Securities and Futures Commission and China’s SAMR. Most recently, Yuet led investigations in Turkey, Germany, Egypt, Spain, Saudi Arabia, the UK, Israel, South Africa, Algeria, Spain, China, India, Indonesia, Australia, Japan, and Vietnam.

Yuet was recently named one of the “Top 100 Women in Investigations” globally by Global Investigations Review 2021 and in 2020, as one of Asia Pacific’s „Top 100 Women in Law“.  She has been awarded the “Emerging Markets Compliance & Investigations Lawyer of the Year” by The Asian Lawyer, with her team recognized as “the Emerging Markets Compliance and Investigations Team of the Year”.

Since 2009, Yuet has been awarded numerous accolades and has consistently been recognized by leading publications such as Chambers Global, Chambers Asia-Pacific, Benchmark Litigation, Global Investigations Review (GIR), Who’s Who, Legal 500, and IFLR1000. Chambers Asia-Pacific 2022 says Yuet “is widely recognized as a trusted counsel to a number of prominent life sciences and pharmaceutical clients in relation to global investigations and compliance advice”. A client notes that “she manages the team well” and appreciates that her advice is “punctual, balanced and comprehensive.” She has been described by Chambers as “very responsive and understands the unique needs of her clients. Her blend of firm and in-house counsel experience is very helpful for providing practical advice that in-house lawyers can use.” Meanwhile, in Chambers Asia-Pacific, Yuet is described as „very experienced and confident.“ Clients state, “we have always been impressed by her leadership, professionalism, tenacity and savvy technical skills…. You will love to work with Yuet.” Chambers also notes that clients have commented that she is „exceptionally bright“, „very responsive and knowledgeable and can immediately dive into the issues “ and “frequently sought after by international corporations, who respect her experience and expertise in risk management” and that „Ms. Tham is a marvellous and gifted attorney” and is “highly thought of in the life sciences industry” and that industry players appreciate her “wealth of knowledge of the latest trends across the region,” as well as having a “tough, no-nonsense approach in tackling tricky compliance questions.”

She is a recognized thought leader and is frequently invited to speak at major conferences around the world.

Prior to joining McDermott, Yuet held global leadership roles at a large US law firm including as global co-chair of the White-Collar: Government Litigation & Investigations Group.  She has also held roles as a Deputy Public Prosecutor and State Counsel in Singapore and was the Asia Pacific Regional Compliance Director for Pfizer.

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• Carrying out numerous investigations for a major US technology company throughout the Asia Pacific, on issues such as kickbacks from resellers, after-the-fact discounts, channel stuffing, violations by channel partners including bribes paid by third parties*
• Advising a US animal feed and nutritional company on its proposed acquisition of a number of companies in China, Hong Kong and Mexico, in the areas of FCPA/anti-corruption compliance, carrying out FCPA/anti-bribery due diligence in relation to the acquisition in China, Hong Kong and Mexico, carrying out interviews of nine employees and representatives from the target companies in Hong Kong and the Shandong province, preparation of a report arising from the due diligence, document reviews and follow-up interviews and advising the client of its legal position under US financial regulatory laws and the FCPA*
• Advising a US industrial company on its proposed joint venture with a Chinese entity in Guangzhou, China with a focus on its compliance with various US FCPA internal controls requirements and advising on the concept of “successor liability” for FCPA liabilities in an asset transfer (as opposed to a share-acquisition)*
• Carrying out various FCPA investigations in Indonesia and China for a US-listed heavy machinery client. For instance, in Indonesia, the work included reviewing numerous consulting agreements with labor and work permit agents, applications made for permits from the Ministry of Labor, “overtime payments” to government officials, kickback issues involving procurement and books and records*

Life Sciences

• Setting up a European headquartered pharmaceutical company, a compliance program in the Asia Pacific (China, Korea, Japan, Thailand, Vietnam, Taiwan, Philippines, Malaysia, Singapore, Hong Kong, India and Australia); Latin America (Brazil, Chile, Mexico and Argentina); and the Middle East (Turkey, Saudi Arabia and UAE). This included drafting individual country SOPs for sales and marketing, dealings with healthcare professionals, the engagement of consultants and the organizing of scientific/promotional events*
• Leading and managing a global transparency project for a European medical device client, including considerations of the transparency requirements in the US, Belgium, the United Kingdom, France, the Netherlands and other parts of Europe*
• Assisting a US-listed Fortune 50 pharmaceutical company with the drafting and preparation of all its policies and procedures for its China, Japan, Singapore, Hong Kong and Malaysia business. This involved drafting all the procedures for the preparation of marketing materials for pharmaceutical products, website advertisements, rules governing the interactions between sales persons and scientific personnel with medical professionals, clinical trials, marketing approvals, advisory boards, consulting agreements, the engagement of doctors to be speakers, sponsorship of doctors to conferences, the regulations relating to the organizing of medical conferences and symposia, the provision of hospitality to doctors, off-label promotions and interactions with distributors*
• Advising multiple Life Sciences companies on regulatory issues in Hong Kong and Singapore such as nutritional labeling, product claims, off-label issues, advertising regulations for prescription drugs and healthcare products and product recalls*
• Advising, drafting and implementing for a multinational pharmaceutical company, FCPA/anti-bribery compliance programs covering interactions with healthcare professionals, intermediaries and government officials for the Middle East (Saudi Arabia, the UAE, Bahrain, Turkey) and Latin America (Chile, Brazil, Mexico, Argentina). This included providing training to senior management, rolling out the program and putting in place the training program*
• Advising numerous Life Sciences clients on distribution contracts with channel partners and termination of distributors and wholesalers in South-East Asia, China and Hong Kong*

Data Privacy

• Acting for a US-listed computer networking client in relation to interactions with and possible benefits to Chinese government officials and advising on various data privacy laws such as the Personal Information Protection Law, and in the context of the provision of information to US regulators, the Chinese blocking statutes, the Data Security Law and China Cybersecurity Law *
• Advising one of the world’s largest European electrical appliances companies on data privacy, the ethics helpline, the application of the EU Whistleblowers Directive, anti-bribery laws and employment laws in Asia, including China, Hong Kong, Australia, New Zealand, Singapore, Taiwan, Thailand, India, Vietnam and Malaysia*
• Advising one of the world’s largest US hedge funds on the collection and retention of employee data, advising on race/gender discrimination laws in Hong Kong, drafting its Employee Handbook in Singapore/Hong Kong, drafting data transfer agreements between the client and its vendors around the world and employment/data privacy issues *

* Matter handled prior to joining McDermott

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• Blackstone bei dem Erwerb und dem Verkauf von großen Einzelimmobilien und Immobilienportfolien verschiedener Assetklassen sowie in Assetmanagement-Fragen, insbesondere beim Erwerb der Oberbaum City und der Leibniz-Kolonnaden in Berlin und des Arabella Bogens in München sowie dem Verkauf des Münchener Projekts MediaWorks und des ABC Bogens in Hamburg*
• KKR beim Erwerb einer Mehrheitsbeteiligung an Velero zusammen mit einem Wohnportfolio*
• Cara Investment beim Verkauf des BHF-Hochhauses in Frankfurt am Main*
• Einen führenden internationalen Immobilieninvestor beim Erwerb eines Logistikportfolios*

* Mandat betreut vor dem Eintritt bei McDermott.

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