Mackenzie

Health Care Litigation

• Represents hospitals and health care providers in managed care disputes with insurance companies.
• Represents health systems in class action litigation.
• Represented out-of-network health care providers in reimbursement litigation for services rendered to insured patients.
• Represented health care providers in regard to investigations of audits and fraud.
• Represented a national pharmaceutical company’s response to a Civil Investigative Demand and defense of alleged violations under the Texas Medicaid Fraud Prevention Act from the Texas Attorney General’s Office related to the company’s drug price reporting.
• Represented health care providers in fraud and civil RICO matters, both as plaintiffs and defendants.
• Represented a health care provider in matters related to a third-party subpoena in federal court.
• Represented a health care provider in responding to civil investigative demands (CIDs) from the federal government.
• Representing health care providers enforcing their rights under the Texas “prompt pay” statutes.

Securities and Corporate Governance Litigation and Internal Investigations

• Representing owner of closely held companies in breach of contract and fiduciary duty derivative arbitration and lawsuit against other members and managers.
• Obtained a $65 million jury verdict in favor of the Life Partners Creditors’ Trust in a case against Life Partners’ founder and former CEO, its former general counsel and president, and various other entities related to a fraudulent scheme involving the sale of life settlements.
• Represented former NASDAQ-listed oil and gas company and former executives in lawsuits related to a $4.4 billion tender offer and merger, including injunction and class certification hearings.
• Represented former board members of a publicly traded oil and gas company over allegations of fraud, breach of fiduciary duty and fraudulent transfer.
• Represented a NYSE-listed jewelry and bullion company in a shareholder derivative suit and 10b-5 class action alleging breaches of fiduciary duty and securities fraud.
• Represented a privately owned animal feed company in relation to minority shareholder inquiries and threatened minority shareholder oppression claims.
• Represented an accountant as individual witness in front of the SEC and DOJ as part of a government investigation into insider trading at a Fortune 500 company.
• Represented the Audit Committee of a Nasdaq-traded consumer goods and financing company in an independent investigation.
• Represented the Trustee in In re Life Partners Holdings, Inc., handling asset seizures and liquidation, investor claims and distributions, and third-party litigation to maximize the value of the debtor’s estate.
• Represented the Receiver in SEC v. BUCF, handling asset seizures and liquidation, investor claims and distributions, and third-party litigation to maximize the value of the Receivership Estate.
• Represented the Receiver in SEC v. Stanford International Bank, handling outside litigation.
• Represented the Receiver in SEC v. Millennium Bank, et al., handling investor claims and distributions and third-party litigation to maximize the value of the Receivership Estate.

Antitrust

• Represented health system in defense of anticompetitive claims and allegations.
• Represented a putative class of independent retailers of higher education course materials in an antitrust suit against publishers and other retailers.
• Represented a manufacturer in direct and indirect purchaser putative class actions regarding an alleged conspiracy to fix prices.
• Represented a manufacturer in an adjudicatory proceeding before the Federal Trade Commission involving price-fixing allegations.
• Advised numerous companies regarding antitrust policy and compliance matters.

Advertising and Social Media

• Representing food manufacturing company in defense of putative class action regarding origin and other false advertising claims.
• Representing food manufacturing company in regulatory proceedings related to advertising claims of competitors.
• Representing consumer services provider in litigation related to advertising claims of competitors.