Among the most active markets in private equity, the health care industry provides ripe investment opportunities for funds that can navigate the complex regulatory landscape. To successfully close the deal, let alone maximize value, investors, lenders and health care companies need legal advisors who understand key health regulatory issues, can communicate clearly with regulators and counsel on the other side of the table, and bring a deal to closure in a cost-effective, timely manner.
Our health advisory practice is the undisputed leader in the legal community. McDermott is the only firm ranked in the top tier by all of the major rankings and directories, including twice being named 'Health Law Firm of the Year' by Chambers USA. Combined with the Firm's ranked private equity practice, this means that funds active in private equity can rely on McDermott for a one-stop legal solution.
McDermott's experienced private equity lawyers have advised on hundreds of health care deals covering clinics, hospitals, inpatient/outpatient services, practice management, laboratory services, information technology, managed care, devices and supplies, business processing outsourcing, revenue cycle management and more. We provide seamless legal counsel that removes the false barriers that often arise between transactional and regulatory issues. In so doing, we also eliminate due diligence redundancies, assure financing sources that all legal questions are handled appropriately, and move deals swiftly from negotiation to implementation.
We advise clients and their portfolio companies on the full range of investment and financing activities, including growth investments and buy-and-build strategies, control, non-control and minority investments, buyouts and recapitalizations, auction processes, strategic dispositions and exit strategies, and bankruptcy, out-of-court restructurings and workouts.
Our lawyers also serve as general counsel for portfolio companies, advising on major transactions and day-to-day legal matters and providing efficiency and continuity for platform acquisitions, bolt-on transactions, operational and compliance issues, and sales.
Our global restructuring and insolvency team is skilled at representing private equity firms and their portfolio companies with the acquisition of distressed assets. In particular, our sophisticated strategic and legal advice enables clients to navigate the peculiarities associated with asset sales in Chapter 11 and 7 bankruptcy cases, UCC Article 9 foreclosures, and out-of-court restructurings. We have had success with section 363 bankruptcy sales and are adept at pursuing “stalking horse” status for clients. Similarly, clients rely on our experience when acquiring assets through a debtor’s plan of reorganization in Chapter 11 bankruptcy cases, with particular respect to the various legal complications often associated with such transactions.
McDermott’s finance team provides critical legal services in the financing of health care buyout transactions. With deep experience structuring deals for the acquisition, recapitalization, refinancing and disposition of portfolio companies, as well as transactions for add-ons and restructurings, our finance team is particularly skilled at working with private equity firms to tailor multi-layered financing packages to meet the specific and unique characteristics of each deal. We have deep relationships with numerous lenders active in the private equity marketplace. These relationships allow us to think creatively in evaluating lenders and financing approaches for each deal.