1. Private equity (PE) investment in physician groups has steadily grown over the last several years, with 219 physician group deals being announced or closed last year.

    This trend leaves some groups wondering, is PE for us? There are five critical factors that physician groups should consider:

    1. “Monetizing” the value of your ownership in your practice
    2. Hedging future risk in light of increasing uncertainty in the health care industry
    3. Increasing efficiencies in practice management to allow the physicians to focus on clinical care
    4. Having access to capital to invest in better infrastructure and growth
    5. Assessing the experience, financial track record, and culture of the PE partner

    Stay tuned to Epstein Becker Green’s Thought Leaders in Health Law® to learn more about each of the five critical factors for physician groups considering PE investment.

    The Thought Leaders in Health Law® video series tracks the latest trends in multiple areas of the health care and life sciences industries, featuring attorneys and advisors from Epstein Becker Green and EBG Advisors.

    Visit ebglaw.com/thoughtleaders

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. THOUGHT LEADERS IN HEALTH LAW® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  2. $3 billion recovered under the False Claims Act (“FCA”). That’s what the US Department of Justice (“DOJ”) reported collecting in FY2019. The health care and life sciences industries accounted for $2.6 billion of the total recoveries. That’s 87% of all FCA judgments and settlements. $678 million of the health care recoveries came from DOJ initiated enforcement actions. $1.9 billion of the health care recoveries were generated by cases brought by whistleblowers who filed qui tam actions. Qui tam actions remain a principal driver of FCA enforcement in the health care space.

    Enforcement targeted pharmaceutical and medical device companies, managed care entities, hospitals, pharmacies, hospice organizations, laboratories, and physicians. The recoveries also reflect DOJ’s intent to hold individuals, not only corporations, accountable in FCA cases.

    Stay up to date, and learn how to protect yourself and your company, at healthlawadvisor.com.

    The Thought Leaders in Health Law® video series tracks the latest trends in multiple areas of the health care and life sciences industries, featuring attorneys and advisors from Epstein Becker Green and EBG Advisors.

    Visit ebglaw.com/thoughtleaders

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. THOUGHT LEADERS IN HEALTH LAW® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  3. In this Thought Leaders in Health Law® video, Neil Di Spirito, Alaap Shah, Jessika Tuazon, and Patricia Wagner, attorneys in the Health Care and Life Sciences practice at Epstein Becker Green, look at the Food and Drug Administration’s (FDA’s) guidance on the cybersecurity of medical devices and how the FDA’s approach is impacting innovation and product development in the medical device industry.

    This video discusses the following:

    • The FDA’s guidance and playbook for medical device manufacturers regarding cybersecurity vulnerabilities when designing and developing medical devices

    • The importance of designing devices that are enabled to be updated in order to maintain cybersecurity throughout the lifetime of the device

    • How to analyze the cybersecurity risk associated with a device and take the appropriate risk mitigation steps

    • Best practices, such as proactively monitoring for vulnerabilities, implementing updates, and balancing security with the function of the device

    Epstein Becker Green’s Privacy, Cybersecurity, and Data Asset Management attorneys help device manufacturers and companies across the health care industry tackle complex cybersecurity compliance and risk mitigation challenges: ebglaw.com/privacy-cybersecurity-and-data-asset-management/

    The Thought Leaders in Health Law® video series tracks the latest trends in multiple areas of the health care and life sciences industries, featuring attorneys and advisors from Epstein Becker Green and EBG Advisors.

    Visit ebglaw.com/thoughtleaders

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. THOUGHT LEADERS IN HEALTH LAW® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  4. In this Thought Leaders in Health Law® video, attorneys Paulina Grabczak, Gail Javitt, Yulian Shtern, and Nathaniel Glasser take a holistic look at the risks companies face as the restrictions on the use of medical and recreational marijuana are relaxed in an increasing number of states across the country.

    This video discusses the following:

    • The dichotomy of state and federal law on the use of marijuana

    • The risks these new state laws have created for providers, manufacturers, distributors, and retailers as the health care industry aims to deliver medical marijuana to more patients

    • The implications that the use of medical marijuana has on the workplace and how employers can evaluate the state of play where they operate to properly assess risk and implement the best approach to mitigate risk

    • The importance of due diligence and regulatory compliance as more transactional opportunities related to marijuana open up for businesses across industries

    • The recent federal laws and guidance that apply to hemp- and cannabidiol-based products

    Visit ebglaw.com/trends-marijuana

    Epstein Becker Green attorneys from our Health Care and Life Sciences and Employment, Labor & Workforce Management practices work collaboratively to help clients understand the nuanced health regulatory and employment law concerns resulting from the recent and growing number of state marijuana laws. Learn more about our focus on Cannabis Law: ebglaw.com/cannabis-law/

    The Thought Leaders in Health Law® video series tracks the latest trends in multiple areas of the health care and life sciences industries, featuring attorneys and advisors from Epstein Becker Green and EBG Advisors.

    Visit ebglaw.com/thoughtleaders

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. THOUGHT LEADERS IN HEALTH LAW® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  5. In this Thought Leaders in Health Law® video, attorneys Paul DeCamp, Joshua J. Freemire, and Marc A. Mandelman outline the key employment law concerns that health care companies should address during a transaction.

    This video looks at the following:

    • The importance of analyzing non-compete and non-solicitation agreements during the due diligence process

    • The wage and hour, employee retention, labor union, and employee benefits concerns that are unique to health care industry transactions

    • How to mitigate the financial, reputational, and operational risks that could arise from class action litigation and government investigations

    • How to use non-compete and non-solicitation agreements to continue to protect your investment post-closing

    Epstein Becker Green attorneys from our Health Care and Life Sciences and Employment, Labor & Workforce Management practices work collaboratively to help clients understand the nuanced employment law concerns affecting the health care industry.

    The Thought Leaders in Health Law® video series tracks the latest trends in multiple areas of the health care and life sciences industries, featuring attorneys and advisors from Epstein Becker Green and EBG Advisors.

    Visit ebglaw.com/thoughtleaders

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. THOUGHT LEADERS IN HEALTH LAW® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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