Health Care
Fennemore Craig provides services to a range of clients within the health care bioscience industries, including hospitals, health maintenance organizations, physician groups, long-term care facilities, medical associations, pharmaceutical companies, medical device companies, and research organizations and universities. The firm has represented over half of Arizona's private hospitals, either directly or though insurance carriers. We negotiate, draft and review confidentiality, consulting, license and related agreements for animal studies, clinical studies and drug research and development. The firm counsels clients on all aspects of intellectual property protection for their proprietary innovations, including trademarks, logos, copyrights, trade secrets and patents.Administration, Legislation and Regulation
The firm counsels clients on administrative matters including insurance law, Social Security administration and Medicaid/Medicare.
The firm was instrumental in formulating and passing legislation which resulted in the deregulation of the hospital industry in Arizona and permitting Maricopa County to privatize the county hospital. Other legislative issues in which the firm has been involved include medical malpractice, tort reform, managed care and hospital regulation, non-profit operations, patient rights and grievance/appeal procedures.
Our attorneys advise clients on regulatory matters involving federal and state agencies, contract review, medical organization credentials, STARK, environmental permits and enforcement actions, antitrust issues, fraud and abuse (anti-kickback) matters, health care licensure, HIPAA and confidentiality/records matters.
Litigation and Antitrust
Fennemore Craig represents clients in medical malpractice matters, quality of care and risk management issues, staff privilege matters, product liability, and personal injury and business tort actions. We represent health care related organizations in labor and employment and workers' compensation litigation. The firm's environmental practice represents clients, including a local hospital, against claims of toxic chemical exposure.
Our involvement in antitrust matters has included advice and legal documentation services on the formation of physician groups and preferred provider organizations, monitoring and defense of federal antitrust investigations for physician groups, representation of a hospital employee in an antitrust grand jury investigation, and conducting antitrust audits.
The firm has represented hospitals and physicians in antitrust actions arising from peer review proceedings, and has represented health care providers and other health care industry participants in private civil antitrust actions and in state and federal enforcement investigations.
Pharmaceutical Litigation
The firm has extensive experience representing major pharmaceutical companies and medical device manufacturers. The firm has been involved in litigation for heart valves, hip and knee replacements and other prosthetic and medical devices. Pharmaceutical litigation has included representation of the manufacturer of Prozac and, more recently, several manufacturers involved in the Fen-Phen litigation.
Corporate and Commercial
The firm's commercial section provides broad-based support and a depth of experience in business matters involving for-profit and nonprofit health care clients. Our attorneys offer assistance with an extensive range of commercial transactions, formation of business entities, financing transactions including tax-exempt financings, tax issues, fiduciary duties of Directors and Officers, employment agreements, recruitment guidelines, and executive and deferred compensation plans for hospitals and other health care organizations. The firm's attorneys have represented hospital companies on joint ventures, strategic alliances and offerings of securities. We have also represented clients in asset purchase transactions, mergers of health care entities, formation of professional corporations, and formation of prepaid health plans.
The firm advises clients on employee benefits issues, and designs and counsels clients on retirement, profit-sharing and other benefits programs.
Labor and Employment
Our clients benefit from the firm's significant experience working with corporate counsel, human resources professionals and management to develop programs designed to improve and define employment relationships, and reduce the likelihood of disputes.
We counsel employers on personnel policies and procedures, individual employment decisions, drug and alcohol testing policies, and compliance with state and federal statutes and regulations. Our attorneys have substantial experience in employment-related litigation, workers' compensation matters and unemployment compensation issues. We regularly appear on behalf of clients before federal and state administrative agencies.
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