Mark serves as lead counsel on behalf of issuers and underwriters in public offerings and private placements of equity and debt securities. He handles stock and asset acquisitions, divestitures, mergers, proxy fights and joint ventures and has had primary oversight responsibility for the regional and worldwide acquisition programs of multiple clients. Mark represents early-stage companies in connection with formation and organizational issues and venture capital and has also represented investors in complex venture capital transactions involving equity and debt.

Mark has substantial experience advising corporate boards of directors and management regarding fiduciary duties, including in connection with potential change in control transactions and consideration of “poison pill” stockholders rights plans, and corporate governance issues. He assists publicly traded companies with their U.S. Securities and Exchange Commission (SEC) filings and other securities compliance matters. He also advises investment banks on securities compliance issues and in acting as a financial adviser and delivering fairness opinions in the context of acquisitions and restructurings.

Mark has lectured at various external and McDermott-sponsored programs on topics such as public offerings, emerging company and venture capital issues and corporate governance matters. He has also spoken on mergers and acquisitions and other corporate-law-related topics in various client seminars and has served as a guest lecturer for transaction-related courses at the University of Michigan Law School and Stanford Law School.

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• Represented Corindus Vascular Robotics, Inc. in an approximately $50 million underwritten public offering
• Represented Cryoport, Inc., a publicly traded provider of logistics solutions for biopharmaceutical companies, in its acquisitions of France-based CRYOPDP for €49 million and Bluebird Express, a New York-based specialty courier
• Serve as outside counsel to the Board of Directors of Faraday Future Intelligent Electric Inc., a publicly-traded global shared intelligent electric mobility ecosystem company
• Represent Fowler Property Acquisitions, LLC, a San-Francisco-based real estate company in (a) the formation and capitalization of numerous new real estate investment funds (including real estate investment trusts (REITs)) and (b) in the acquisition of a Texas-based REIT
• Represented Healthcare Trust of America, Inc., a publicly traded REIT, in its $18 billion business combination transaction with another publicly traded REIT, Healthcare Realty Trust Incorporated
• Represented Inovalon, a provider of cloud-based software solutions for data-driven healthcare, in its acquisition of VigiLanz Corporation, a hospital management software provider that offers real-time clinical intelligence and insight
• Represented Intuitive Surgical, Inc. in connection with a joint venture in China with Chinese conglomerate Fosun International Limited
• Represent O’Neill Wetsuits, LLC, a surf-and snow-wear company, in connection with (1) the sale of its worldwide trademark portfolio and other assets to SISCO Textiles NV, (2) its Design Manufacturing and Development License with the current owner of the O’Neill brand and (3) other general corporate and transactional matters
• Represent publicly traded OSI Systems, Inc. in connection with its SEC securities filings and corporate governance matters
• Represented Premier, Inc. (1) in its (a) Up-C reorganization, approximate $900 million initial public offering and (b) $120 million and $140 million Company-Directed public offerings by selling member-owner stockholders and (2) as general outside securities and corporate governance counsel
• Represented Prime Therapeutics, Inc., a leading pharmacy solutions organization, in (a) its $1.35 billion acquisition of the Magellan Health Inc. pharmacy business from Centene Corporation and (b) its minority investment and strategic alliance transaction with CapitalRx, Inc., a healthcare technology solutions provider
• Represented QuantumWise, a Denmark-based software company, in connection with its sale to Synopsys
• Represented Virttu Biologics Ltd., a UK-based life sciences company, in its sale to Sorrento Therapeutics, Inc.

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• Represented a client in connection with the successful acquisition of two acute care hospitals (located on three different campuses) from a nonprofit hospital system that had filed for Chapter 11 bankruptcy protection; the client was designated the “stalking horse” purchaser and participated in the debtor’s Bankruptcy Section 363 sale process
• Represented a client in connection with the divestiture of a two-campus acute care hospital in the client’s Bankruptcy Section 363 sale process
• Represented a holding company (focused on partnering with businesses for the long-term) in its acquisition of a national diagnostic imaging company
• Represented a client in connection with the acquisition of a two-campus nonprofit academic medical center; transaction included the concurrent structuring of a long-term academic affiliation agreement between the client and a university
• Represented two integrated, full-service laboratory companies in connection with their sale to a national laboratory company
• Represented a client in connection with the sale of a substantial ownership interest in its large regional hospital, including the negotiation and documentation of a joint venture between a nonprofit/tax-exempt organization and a for-profit hospital system for hospital and outpatient services
• Represented a religious nonprofit hospital system in the divestiture of three of its regional hospitals to a three-party joint venture comprised of the divesting hospital system, a for-profit hospital system and another nonprofit hospital system
• Represented a national for-profit hospital system in its acquisition of a six-hospital, nonprofit system
• Represented a six-hospital religious nonprofit hospital system in the divesture of all of its hospitals and other operations to a private equity firm
• Represented hospital systems that have acquired one or more nonprofit community hospitals throughout the country; some have involved complex joint venture arrangements and others have involved a challenging state attorney general approval process
• Represented a client in connection with a joint venture to arrange for access to behavioral healthcare services
• Represented a nonprofit hospital system in connection with its development of a for-profit division to develop ancillary business lines, including the division’s acquisition of multiple revenue cycle management companies

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• Nightingale’s Healthcare News, 2004 and 2008
• BTI, Client Service All-Stars, 2012

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Employers regularly rely on Elvira to defend class and representative actions, including wage-and-hour and Private Attorneys General Act matters, misclassification disputes, and claims alleging harassment, discrimination, and retaliation. She brings a trial-ready mindset to every engagement, developing litigation strategies grounded in leverage, risk assessment, and commercial realism.

At the core of Elvira’s practice is disciplined advocacy informed by courtroom experience. She partners with leadership and in-house teams to design and implement tailored employment policies, conduct pay-practice and compliance reviews, and drive organizational change through management and harassment-prevention training shaped by real-world litigation outcomes. Whether defending bet-the-company cases or proactively mitigating exposure, Elvira delivers clear, pragmatic guidance to employers confronting their most consequential workforce challenges.

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• Obtained terminating sanctions and monetary damages in the Delaware Court of Chancery after deposing the plaintiff’s corporation designee and extracting key admissions demonstrating spoliation of evidence
• Obtained a complete dismissal with prejudice of all claims on summary judgement in a disability discrimination and wrongful termination lawsuit for a national technology retailer
• Defended a national healthcare provider resulting in plaintiff voluntarily dismissing all claims following receipt of an early motion for summary judgment and sanctions in a non-solicit matter
• Advised international oil and gas company regarding compliant pay and employment practices

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Tomer has substantial experience in corporate and business law, mergers and acquisitions, affiliations, and healthcare joint ventures. He regularly advises clients on compliance with state and federal healthcare laws. A leading practitioner in physician/hospital clinical integration, Tomer has extensive experience working with health systems, hospitals, clinics, and provider networks on integrated delivery system matters, including collaboration with business consultants and key stakeholders to identify the right physician integration strategy based on the organization’s strategic goals and market conditions.  

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• Defended Plantronics Inc., the leading maker of office headsets, in an antitrust jury trial against GN Netcom Inc. that resulted in a complete defense verdict in favor of her client after the jury deliberated for one hour (GN Netcom Inc. v. Plantronics Inc., US District Court for the District of Delaware, 2017)
• Defended BlackBerry Corporation in a patent infringement action involving wireless mobile phone technology and network infrastructure patents, in which the court found four out of the five patents at issue to be invalid or not infringed on summary judgment, and a jury found the remaining patent to be not infringed following a six-day jury trial (Mobile Telecommunications Technologies LLC v. Blackberry Corp., US District Court for the Northern District of Texas, 2016)
• Defended Diablo Technologies, Inc., in a complex trade secret jury trial against Netlist Inc., resulting in a defense verdict (Netlist Inc. v. Diablo Technologies Inc., US District Court for the Northern District of California, 2015)
• Defended BlackBerry Limited and BlackBerry Corporation in a complex federal patent infringement jury trial against NXP Semiconductors N.V., a multibillion-dollar company, resulting in a complete defense verdict (NXP B.V. v. BlackBerry Ltd., US District Court for the Middle District of Florida, 2014)
• Defended BlackBerry Limited and BlackBerry Corporation in a complex federal patent infringement jury trial, resulting in a favorable settlement (Innovative Sonic Limited v. Research in Motion Ltd., US District Court for the Eastern District of Texas, 2013)
• Represented hospitals, board of directors, and health systems throughout internal investigations and False Claims Act (FCA) actions, resulting in the government’s decision not to intervene and favorable settlements with relators, or dismissals by relators
• Defended major construction companies in criminal investigations by the government that resulted in the settlement of the investigation without any criminal citations

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Jacob assists clients in drafting employee benefit plan documents and amendments. He represents clients in matters before the Internal Revenue Service (IRS), US Department of Labor (DOL) and Pension Benefit Guaranty Corporation with respect to plan qualification issues. He also counsels privately and publicly held corporations and tax-exempt entities on a variety of benefits and Employee Retirement Income Security Act (ERISA) issues, including ERISA fiduciary issues, compliance with the Affordable Care Act and the Health Insurance Portability and Accountability Act (HIPAA), ERISA implications in corporate transactions, ERISA administrative claims and appeals, and executive compensation matters.

While in law school, Jacob was editor in chief of the Penn State Law Review. In addition, Jacob served as a legal intern for the Honorable Judge Renee Cohn Jubelirer of the Commonwealth Court of Pennsylvania. Jacob is the Chairperson of the Young Professionals Board of Equip for Equality. Internally, Jacob serves on the Firm’s Pro Bono and Community Service Committee.

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• Counseled group health plans on compliance with HIPAA’s privacy, security and nondiscrimination requirements, and represented welfare plans in contracting with third-party vendors
• Prepared determination letter filings and obtained a favorable determination from the IRS regarding the continued tax qualification and the qualification upon termination of both pension and 401(k) plans
• Obtained no action letters from the DOL through the Voluntary Fiduciary Correction Program to correct fiduciary breaches and counselled clients on restoring losses to plan participants and beneficiaries

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For providers of healthcare services, Russell has handled complex civil as well as criminal fraud matters for healthcare insurance plans, providers of pharmaceuticals, biologics and medical devices, and hospital, home health, hospice and skilled nursing facility (SNF) services, including alleged violations of the Federal Anti-Kickback Statute, the False Claims Act and matters arising under the Stark law.

Previously, Russell served as a federal prosecutor in Los Angeles and as a senior official of the US Justice Department in Washington, DC. As a federal prosecutor, he tried the first espionage case ever brought by the US against an agent of the Federal Bureau of Investigation (US v. Richard W. Miller). Additionally, Russell served as a deputy chief of the Criminal Division of the US Attorney’s Office in Los Angeles, California.

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• Served as lead trial counsel in a patent infringement action involving three patents related to smartphones; after deliberating for less than four hours, the jury returned a complete defense verdict in favor of the Firm’s client on patent infringement and invalidity (NXP B.V. v. BlackBerry Limited et al., M.D. Fla., 2014)
• Served as lead trial counsel in a patent infringement action involving several patents related to wireless communications technologies, where the defendant contended that the plaintiff did not have lawful ownership of the patents-in-suit and therefore had no standing to proceed with the lawsuit; in the third week of trial, McDermott obtained a dismissal of the action for the Firm’s client (Innovative Sonic Limited v. Research in Motion Ltd. et al., N.D. Tex., 2013)

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