Healthcare

HEALTHCARE

Massey & Gail attorneys have decades of experience counseling clients on industry-specific regulatory and business issues and also representing them in litigation. Our firm frequently provides pre-litigation or dispute-related strategic advice in tax matters, supply and distribution agreements, non-compete and trade secret disputes, class actions, and other matters. Our industry knowledge provides us with an advantage in identifying unique solutions to the key issues our clients face. And while we have often successfully resolved those issues on favorable terms for our clients outside the courtroom, we have also represented pharmaceutical manufacturers, medical products distributors, insurers, and healthcare companies in litigation.

REPRESENTATIVE MATTERS

Counseling an Illinois healthcare insurer in a dispute with the federal government involving over $100 million in payments owed under the Affordable Care Act, and then successfully representing that insurer to recover that amount in litigation that went to the U.S. Supreme Court.
Counseling healthcare companies in pandemic-related matters, including force majeure and breach of contract questions.
Representing certain healthcare entities to contest SBA’s ineligibility determination for Paycheck Protection Program loans.
Representing a healthcare trade association in a successful suit to enjoin implementation of a 2020 federal drug pricing rule.
Representing a pharmaceutical trade association in Supreme Court litigation involving venue for patent infringement actions (TC Heartland).
Representing a pharmaceutical manufacturer in Federal Circuit and Supreme Court patent litigation involving inter partes review and sovereign immunity.
Representing leading healthcare insurers in a civil RICO action based on healthcare fraud.
Representing a technology company to contest fees and penalties assessed by the Illinois Secretary of State.
Representing a medical device distributor against product liability claims involving a circumcision clamp.
Representing a pharmaceutical company against product liability claims involving knee injections manufactured by one company and distributed by another.
Defending a pharmaceutical company in a breach of contract action by a customer.
Representing a healthcare manufacturer/distributor in a contract dispute with one of its distributors.
Representing medical device sales and marketing professionals in non-compete disputes with their former employer.
Defending an international pharmaceutical company and former manager against for injunction and damages over alleged violation of restrictive covenants, successfully reaching settlement prior to injunction hearing.

PRACTICE AREAS

Antitrust & Competition

Consumer & False Claims Act

Freedom of Information Act

Privacy

Bankruptcy & Creditors’ Rights

Constitutional Law

Healthcare

Regulated Industries

Complex Commercial

Financial Services

Intellectual Property

Tax

Trials & Arbitrations

We regularly try high-stakes, complex cases across the country in every type of forum—state and federal courts, administrative tribunals, arbitrations, and other dispute resolution proceedings—with great success. Our decades of experience in the courtroom, plus our deep bench of seasoned attorneys, give us uncommon litigation firepower. We are often asked to step in to try an already pending case after a client reexamines its trial team.

Appeals

We have briefed and argued appeals in the U.S. Supreme Court, every federal circuit, and innumerable state courts. We handle appeals in every conceivable scenario—where our firm conducted the trial below and where we didn’t; where we are hired to replace existing counsel and where we are asked to work cooperatively alongside them. Whatever the circumstances, we provide a valuable, fresh appellate perspective and deliver excellent results for our clients.

Policy & Regulatory Work

We regularly represent clients before federal agencies and in state administrative and regulatory proceedings. We often use those proceedings as tools to resolve our clients’ business issues as an expeditious and cost-effective alternative to litigation. We also assist clients in submitting comments to proposed rules, meeting with government officials, and challenging agency rules after adoption. In addition, we have prepared court of appeals and U.S. Supreme Court briefs on important questions of administrative law.

Strategic Counseling

We help clients understand and evaluate the costs and benefits of different options for resolving the issues they face. We understand that litigation is often the last resort rather than the first choice, and we strive to formulate out-of-the-box strategies for meeting client needs in a cost-effective and timely way. Our nimble teams of experienced attorneys identify innovative solutions where other firms cannot. We also help our in-house clients manage outside counsel in particularly large or fast-paced matters.

PRACTICE AREAS

Antitrust & Competition

Bankruptcy & Creditors’ Rights

Complex Commercial

Constitutional Law

Consumer & False Claims Act

Financial Services

Freedom of Information Act

Healthcare

Intellectual Property

Privacy

Regulated Industries

Tax