The firm is a recognized leader in the field of health care law. Their lawyers are retained by many of the large medical groups and societies which allows them to have an excellent pulse of the state of health care in New Jersey. It also...
~ Mark R
*Results may vary depending on your particular facts and legal circumstances.
In my opinion, Brach Eichler is simply the best. Experienced, insightful, confident counsel about literally ALL things healthcare.
~ Dante I
*Results may vary depending on your particular facts and legal circumstances.
I have had the pleasure of being a client of Brach Eichler for the past 20 years, and I can confidently recommend their legal services to anyone. From the very beginning, Brach Eichler helped me in the formation and growth of my medical practice and...
~ Michael G., MD.
*Results may vary depending on your particular facts and legal circumstances.
I have known Brach Eichler for years. They are the legal counsel for NJAASC of which I was President. John Fanburg is simply the best there is when it comes to health care law, and I refer any and all surgical centers who need assistance...
~ Jeff S.,
*Results may vary depending on your particular facts and legal circumstances.
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Brach Eichler pioneered the discipline of health law and has developed – and continues to cultivate – its reputation as a leader in health law representation. We have a sophisticated and creative health care practice with lawyers bringing deep and varied experience and a keen understanding of industry dynamics. Our team combines specialized health care regulatory and transactional lawyers with professionals across other specific practice concentrations that allow us to offer a full range of services for clients across the industry. A recognized leader in healthcare law, our team of attorneys tackle complex legal issues, identify opportunities, and drive strategic growth in the Areas of Focus below.
We strategize and represent players spanning the entire healthcare stakeholder spectrum: providers, individual professionals, and healthcare businesses, as well as the private equity and venture capital firms that invest in them. They rely on us to facilitate deals that help create new ways of delivering—and paying for—health care. We help identify new market opportunities, drive strategic growth, and secure competitive advantages for clients across the industry.
Brach Eichler is recognized for our knowledge of transactional law, particularly in the areas of mergers, acquisitions, joint ventures, affiliations, and other similar transactions. As healthcare transaction attorneys, our team possesses the experience to guide clients to overcome regulatory hurdles in the healthcare industry. We navigate complex issues including False Claims Act, HIPAA, Stark Laws, and anti-kickback compliance. We also serve as general and special counsel to private equity firms and other investors, guiding them through their initial acquisition of portfolio companies, add-ons, and exit transactions, along with experience in sell side private equity transactions. With a proven track record and real-time deal experience, we navigate the dynamic regulatory landscape and business environment in order to be prepare our clients for all transactions.
Our deep bench of healthcare law attorneys represent individuals and entities from every corner of the healthcare industry, encompassing both for-profit and non-profit entities, as well as “brick and mortar” businesses and virtual startups alike. Our clients range from individual practitioners to large physician and provider groups, hospitals and hospital systems to Medical Staff organizations, professional societies to healthcare trade associations, long-term care facilities to home health and hospice agencies, and substance use disorder treatment facilities to national fertility platforms. Our attorneys also have significant experience with matters and regulations affecting ambulatory surgery centers (ASCs), outpatient facilities, and their owners and investors.
Brach Eichler’s experienced healthcare team has advised on hundreds of private equity deals covering the gamut of physician practice groups, hospitals, inpatient/outpatient services, practice management, laboratory services, information technology, managed care, devices and supplies, business processing outsourcing, revenue cycle management and more. Private equity funds and sellers rely on us as a comprehensive legal solution.
Private equity transactions require well-orchestrated multi-specialty legal services that only a one-stop leading firm like ours can provide. Our clients have the confidence to execute because they know they have the full weight of the leading healthcare law firm behind them. Further, our solid relationships with numerous lenders active in the private equity marketplace allow us to think creatively in evaluating financing approaches. We are particularly skilled at tailoring multilayered financing packages to meet the unique characteristics of each deal, thanks to our vast experience with structuring acquisitions, recapitalization, refinancing and disposition of portfolio companies, as well as transactions for add-ons and restructurings. We also serve as general counsel for portfolio companies, advising on major transactions and day-to-day legal matters, as well as providing efficiency and continuity for platform acquisitions, bolt-on transactions, operational and compliance issues, and sales. Our team is frequently called on to:
Structure, negotiate and implement leveraged buy-outs, divestitures, and growth equity financings
Structure portfolio operating and holding entities to limit liability and accommodate financing and growth
Introduce our clients to strategic financing partners
Structure equity participation incentives for portfolio company management
Minimize tax burdens on cash flow
Structure and lead joint ventures
Counsel clients on the complicated regulatory landscape of the healthcare industry
We are actively involved in all developments affecting healthcare industry participants and have strong relationships with public officials on both the state and national level. As such, we effectively advocate on behalf of individual practitioners, physician groups, and healthcare facilities.
As we help our clients adapt and respond to new economic and regulatory challenges, we tap and smoothly integrate other members of the Brach Eichler team in the areas of corporate tax, labor and employment, financial services, litigation, real estate, and estate planning, among others.Our national practice deepens our understanding of not only federal, but state regulatory health care laws throughout the country. Our experience in, and knowledge of, the regulatory landscape across the health care community positions our attorneys to analyze complicated regulatory issues, anticipate trends and new initiatives, and develop creative, strategic and felicitous business solutions.
The success of our health care practice has been recognized by numerous leading independent observers. We received multiple top honors the last few years including “Healthcare Litigation Department of the Year” from The American Lawyer in 2021, 2022 and 2023; for over 10 years, Brach Eichler is thrilled to be recognized as a Tier 1 provider in New Jersey for “Law Firm of the Year, Health Care” by U.S. News–Best Lawyers “Best Law Firms.” Additionally, Chambers USA has recognized our Healthcare Law practice as Band 1 Elite, ranking multiple firm attorneys as leaders and consistently ranks our health care practice highly.
Areas of Focus
Regulatory & Compliance
Mock content. Advising providers on complex healthcare regulations to ensure operational compliance and mitigate legal risk.
Healthcare M&A Transactions
Mock content. Guiding clients through acquisitions, mergers, and affiliations while navigating regulatory and licensure complexities.
Healthcare Litigation
Mock content. Representing providers in disputes, audits, and investigations involving payers, regulators, and government agencies.
HIPAA Privacy, Security & EDI Rules
Mock content. Helping clients safeguard health data and comply with federal privacy, security, and electronic data regulations.
Represent the NJ Association of Ophthalmology: Brach Eichler continues to represent eight major New Jersey physician specialty societies including the New Jersey Society of Ophthalmology. Representation includes strategic positioning of physician members, assisting in undertaking cutting edge legal issues, regulatory reporting and strategic changes impacting the physician practices.
Sale to Private Equity Firm: Represented an ophthalmology practice in a $9 million sale of its assets to a private equity firm and merger into a New Jersey medical practice. Brach Eichler was involved in the representation of the business and legal aspects of the sale as well as the post-sale employment agreements. The transaction also entailed the sale of an ambulatory surgical center.
Healthcare Private Equity Advice: Due to Brach Eichler’s extensive experience in healthcare and strategic planning, the firm was engaged by several medical practices to counsel on the creation of Management Service Organizations to help position them for private equity transactions.
Private Equity Acquisition: Representing the seller entity in a stock sale acquisition by a private equity sponsored medical and management (administrative services organization, or ASO) supergroup, which maintains practices throughout various states. The physician-owners of the seller-entity have become employees and equity holders in the buyer since the start of this deal.
Private Equity Backed Practice Merger: Represented a gastroenterology medical practice super-group, made up of a handful of smaller medical practice groups, which holds ownership interest in a licensed ambulatory surgery center alongside a major New Jersey health system and a private-equity-sponsored national ambulatory surgery center management company. We represented the medical practice super-group and counseled on structuring a buy-out plan for multiple retiring physicians and buy-in plan for multiple physicians to become members of the super-group entity that owns the surgery center. The deal structures were proposed to the super-group to ensure compliance with the state and federal anti-kickback and anti-self referral laws for the super-group and for its ownership in the surgery center, while satisfying the requests of competing interests amongst the affiliated practice groups.
Private Equity Re-Structuring: Assisted in the transfer of ownership and transfer of lender/facilities for a dental practice in New Jersey, a private-equity-controlled dental practice with practice offices in New Jersey and Pennsylvania. These transfers facilitated a smooth transition of the dentist owners and availability of funding for the business within the private equity structure.
Merger of Multi-Physician Practices: Brach Eichler represented a number of the physicians involved in the merger of seven New Jersey orthopedic practices to form the state’s largest orthopedic group. The new orthopedic group, Ortho-Alliance has more than 25 office locations and over 100 physicians throughout the state of New Jersey.
Healthcare Joint Venture: Represented the client in the formation of a joint venture between an affiliate of a healthcare system and a community physician in connection with the acquisition of the assets of five clinical physical therapy entities. The transaction was structured as a contribution transaction, with the healthcare system contributing capital and the physician contributing assets to the joint venture. Brach Eichler handled the entire transaction on behalf of the client, including legal due diligence, organizational documents for the joint venture, and all aspects of the contribution transaction, including related management services and billing and collection services agreements and employment agreements. The transaction was important to the client in that it brought services into the system that expanded its ability to provide integrated services across a continuum of care to its patients.
Healthcare Litigation Matter: Brach Eichler is personal counsel to the owner of a surgical center in northern New Jersey that has been sued in multiple class actions. Approximately 3,700 people allege to have been potentially exposed to blood borne pathogens that may have resulted with infection to include Hepatitis B, Hepatitis C, and HIV. To date, our firm has secured an infectious disease expert that was formerly to dispute the plaintiffs’ claims of risk and potential for injury. In addition, Brach Eichler has provided valuable guidance on regulatory compliance issues, and the personal defense of our client as the owner of the center. Brach Eichler facilitated the resolution of one portion of the class on very reasonable terms and without a personal injury damage component. In addition, the firm convinced the Plaintiffs to participate in mediation this summer on the remaining claims in order to protect our client and limit exposure.
"The firm is a recognized leader in the field of health care law. Their lawyers are retained by many of the large medical groups and societies which allows them to have an excellent pulse of the state of health care in New Jersey. It also allows physicians associated with a firm to have great networking capabilities. They are also known to be a source to help influence legislation which is beneficial to the medical community. Brach Eichler are known for the philosophy of trying to negotiate contested situations, however, they do have the resources and capabilities to successfully litigate difficult cases which makes them the preferred law firm when dealing with the complexities of the medical infrastructure."
~ Mark R
"In my opinion, Brach Eichler is simply the best. Experienced, insightful, confident counsel about literally ALL things healthcare."
~ Dante I
"I have had the pleasure of being a client of Brach Eichler for the past 20 years, and I can confidently recommend their legal services to anyone. From the very beginning, Brach Eichler helped me in the formation and growth of my medical practice and has been a consistent source of support in various legal matters since then. Among others, their expertise in real estate and estate planning matters have been invaluable to me, and the level of care and attention they gave me as a client made me feel like a good friend rather than just another case. One of the biggest benefits of working with Brach Eichler is their consistent communication. They always keep me informed on the progress of my cases and are always available to answer any questions or concerns I may have."
~ Michael G., MD.
"I have known Brach Eichler for years. They are the legal counsel for NJAASC of which I was President. John Fanburg is simply the best there is when it comes to health care law, and I refer any and all surgical centers who need assistance to him"
~ Jeff S.,
*Results may vary depending on your particular facts and legal circumstances.
The firm is a recognized leader in the field of health care law. Their lawyers are retained by many of the large medical groups and societies which allows them to have an excellent pulse of the state of health care in New Jersey. It also...
