*UPDATE* Oregon Senate Bill 951, described in the alert below originally published on May 30, 2025, was signed into law by Oregon Governor Tina Kotek on Monday, June 9, and will apply to all new investments beginning January...more
6/12/2025
/ Acquisitions ,
Corporate Practice of Medicine ,
Health Care Providers ,
Healthcare ,
Investment ,
Mergers ,
New Legislation ,
Physicians ,
Private Equity ,
Regulatory Requirements ,
Transfer Restrictions
Private equity firms’ ability to invest in medical practices in Oregon may be sharply curtailed under a bill passed this week by the Oregon legislature. On May 29th, a bipartisan supermajority in the Oregon House passed...more
While M&A activity has slowed in the tail end of the first quarter of 2025, including in healthcare, there have been several noteworthy developments in the antitrust space in the first 100 days of the Trump Administration. ...more
5/14/2025
/ Acquisitions ,
Antitrust Litigation ,
Antitrust Provisions ,
Artificial Intelligence ,
Certificates of Public Advantage (COPAs) ,
Class Action ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Healthcare ,
Hospitals ,
Mergers ,
Pharmacy Benefit Manager (PBM) ,
Popular ,
Private Equity ,
Trump Administration
On April 4, 2025, Washington became the first state to enact a law requiring a general pre-merger notification of HSR-reportable deals to state enforcers, regardless of industry....more
Welcome to the third issue of Health Headlines, a newsletter created by lawyers in our Healthcare practice....more
3/30/2025
/ Affordable Care Act ,
Annual Reports ,
Caremark claim ,
Centers for Medicare & Medicaid Services (CMS) ,
Criminal Prosecution ,
CVS ,
Drug Pricing ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Healthcare ,
Healthcare Fraud ,
Medicaid ,
Medicare ,
Pharmaceutical Industry ,
Price Transparency ,
Proposed Rules ,
Trump Administration
In recent years, states have shown an increased interest in regulating healthcare markets. The trend has accelerated further since the start of 2025, with a flurry of proposals in at least 12 states. ...more
3/21/2025
/ Antitrust Division ,
Antitrust Provisions ,
Competition ,
Corporate Practice of Medicine ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Healthcare ,
Legislative Agendas ,
Private Equity ,
Reporting Requirements ,
State Attorneys General ,
State Legislatures
On March 6, 2025, the Federal Trade Commission (FTC) filed a lawsuit in federal court challenging GTCR BC Holdings, LLC's (GTCR) proposed acquisition of Surmodics, Inc. (Surmodics). The complaint alleges that the transaction...more
On January 14, 2025, the Department of Justice (DOJ) sued private equity giant KKR & Co. (KKR) for numerous violations of antitrust law, alleging that KKR repeatedly violated its obligations to provide information on its...more
1/17/2025
/ Acquisitions ,
Antitrust Litigation ,
Antitrust Violations ,
Compliance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Notice Requirements ,
Premerger Notifications ,
Private Equity ,
Threshold Requirements
On January 8, 2025, Massachusetts Governor Maura Healey signed House Bill 5159 (H.5159), “An Act Enhancing the Market Review Process” (the “Act”), which, among other things, broadens the scope of the state’s existing...more
1/15/2025
/ Acquisitions ,
Change in Control ,
Compliance ,
Corporate Practice of Medicine ,
False Claims Act (FCA) ,
Health Care Providers ,
Healthcare ,
Investors ,
Material Change Doctrine ,
Private Equity ,
Private Equity Firms ,
Regulatory Requirements ,
State Attorneys General
On Friday, January 10th, 2025, the US Chamber of Commerce, American Investment Council, Business Roundtable, and Longview Chamber of Commerce (collectively the “Plaintiffs”) filed a joint lawsuit challenging the FTC’s and...more
FTC’s challenge is the culmination of years of investigation, but choice of venue and theories of harm reveal potential weaknesses....more
10/2/2024
/ Administrative Proceedings ,
Affiliates ,
Drug Pricing ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Group Purchasing Organizations (GPO) ,
Pharmaceutical Industry ,
Pharmacy Benefit Manager (PBM) ,
Prescription Drugs ,
Rebates ,
Section 5 ,
Supply Chain
On Saturday, September 28, California Governor Gavin Newsom vetoed Assembly Bill 3129. ...more
10/1/2024
/ Acquisitions ,
Corporate Practice of Medicine ,
Corporations Code ,
Governor Newsom ,
Governor Vetoes ,
Health Care Providers ,
Hedge Funds ,
Hospitals ,
Mergers ,
Private Equity ,
State Attorneys General
In the second quarter, federal and state antitrust enforcers continued their intense scrutiny of consolidation in the healthcare market by implementing new initiatives and laws designed to gather additional information...more
9/20/2024
/ Acquisitions ,
Algorithms ,
Antitrust Division ,
Antitrust Provisions ,
Conspiracies ,
Corporate Practice of Medicine ,
Criminal Conspiracy ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Horizontal Mergers ,
Industry Consolidation ,
Market Participants ,
Mergers ,
Monopolization ,
Price Manipulation ,
Price-Fixing ,
Private Equity ,
Quality of Care Standards
Revenue-management tools are ubiquitous across sectors, but many hotel owners, operators, and management companies use such tools on a daily basis. As these products have improved, many have incorporated algorithms enabling...more
9/17/2024
/ Algorithms ,
Antitrust Conspiracies ,
Antitrust Investigations ,
Antitrust Provisions ,
Class Action ,
Competition ,
Conditional Pricing ,
Confidential Information ,
Conspiracies ,
Department of Justice (DOJ) ,
Enterprise Software ,
Federal Trade Commission (FTC) ,
Hotel Management Agreements ,
Hotels ,
Machine Learning ,
Material Nonpublic Information ,
Price-Fixing ,
Pricing ,
Rental Property ,
Residential Property Owners
On August 31, 2024, California’s legislature passed Assembly Bill 3129 (“AB 3129”), which will be enacted if approved by California Governor, Gavin Newsom. AB 3129 would establish a mandatory approval process for a broad...more
9/5/2024
/ Acquisitions ,
Controlling Stockholders ,
Corporate Practice of Medicine ,
Health Care Providers ,
Healthcare Facilities ,
Hedge Funds ,
Hospitals ,
Pending Legislation ,
Private Equity ,
Private Equity Funds ,
State Attorneys General
On April 23, 2024, the Federal Trade Commission (the “FTC”) issued a rule banning most post-employment non-competition agreements (the “FTC Rule”). Since its promulgation, the FTC Rule has been subject to legal challenges....more
7/8/2024
/ Anti-Competitive ,
Compliance ,
Effective Date ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Pending Litigation ,
Preliminary Injunctions ,
Section 5
Key Takeaways -
..Requires parties to provide notice to the Vermont Attorney General (“VT AG”) for transactions involving Vermont hospitals that are acquiring medical practices.
..The parties must provide 90 days...more
6/21/2024
/ Acquisitions ,
Compliance ,
Corporate Practice of Medicine ,
Covered Entities ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Key Takeaways -
..Parties must obtain approval from the Rhode Island Attorney General (“RI AG”) and Department of Health (“DOH”) for certain transactions involving Rhode Island hospitals.
..Under the statute, the RI...more
6/21/2024
/ Acquisitions ,
Compliance ,
Corporate Practice of Medicine ,
Covered Entities ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Key Takeaways -
..Requires parties to provide notice to the New York Department of Health (“NYDOH”) of certain transactions involving “health care entities”.
..The parties must provide 30 days notice before closing to...more
6/21/2024
/ Acquisitions ,
Compliance ,
Corporate Practice of Medicine ,
Covered Entities ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Key Takeaways -
..Requires parties to seek approval from the Oregon Health Authority (“OHA”) for certain healthcare mergers, acquisitions, affiliations and other transactions involving “health care entities”.
..Under...more
Key Takeaways -
..Requires parties to provide notice to the Washington Attorney General (“WA AG”) for certain transactions involving hospitals, hospital systems, and provider organizations, as well as transactions...more
6/21/2024
/ Acquisitions ,
Compliance ,
Corporate Practice of Medicine ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Key Takeaways -
..Requires parties to provide notice to the Minnesota Department of Health (“MDH”) and the Minnesota Attorney General (“MN AG”) to determine whether certain mergers, acquisitions, purchases, or sales...more
6/20/2024
/ Acquisitions ,
Compliance ,
Corporate Practice of Medicine ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Key Takeaways -
..Requires parties to provide notice to the Nevada Attorney General (“NV AG”) for certain transactions involving “group practices” or “health carriers” in the state.
..The parties must provide notice...more
6/20/2024
/ Acquisitions ,
Compliance ,
Corporate Practice of Medicine ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Key Takeaways -
..Requires parties to obtain approval from New Mexico’s Office of Superintendent of Insurance (“NM Office”) for transactions involving New Mexico hospitals.
..The parties must provide 120 days notice...more
Key Takeaways -
..Requires parties to provide notice to the Massachusetts Attorney General (“MA AG”), the Commission, and the Center for Health Information and Analysis for transactions involving certain health facilities...more