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    Opioid Manufacturer Files for Bankruptcy after Settling with DOJ
    2019-06-12

    On June 5, the Department of Justice announced that opioid manufacturer Insys Therapeutics (Insys) agreed to settle the government’s criminal and civil investigations into an illegal marketing scheme for Subsys, an opioid spray used by adult cancer patients.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Vinson & Elkins LLP, Medicare, Medicaid, US Securities and Exchange Commission
    Authors:
    Caroline Colpoys , Kristen M. Eddy , Jennifer S. Freel
    Location:
    USA
    Firm:
    Vinson & Elkins LLP
    Marijuana-related debtors' case survives dismissal in Ninth Circuit
    2019-06-04

    A recent decision by a federal appeals court appears to open the doors of United States Bankruptcy Courts nationwide… or does it? The Ninth Circuit’s decision from Garvin v. Cook Investments provides a helpful roadmap for understanding the challenges and opportunities for marijuana-related businesses considering their access to bankruptcy courts.

    Marijuana Businesses Generally Violate Federal Law

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP, Debtor, US Department of Justice, Title 11 of the US Code, Ninth Circuit
    Authors:
    N. Chris Glenos , Whitt Steineker
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Public Safety Comes First - Duties and Obligations of Ombudsmen in Healthcare Bankruptcies
    2019-05-13

    Healthcare bankruptcies present unique challenges in addition to financial restructuring. An immediate concern that must be addressed in these cases is the ability of the debtor to provide, and continue to provide, adequate services to existing and future patients. Having been involved in numerous healthcare matters filed under both Chapter 7 and Chapter 11, I know first-hand how important this issue is. Debtors are generally required to employ, at their cost, a specialized professional, i.e., an ombudsman, who will monitor the quality of patient care being provided during the case.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Kane Russell Coleman Logan PC
    Authors:
    Paul Hammer
    Location:
    USA
    Firm:
    Kane Russell Coleman Logan PC
    Are You A "Health Care Business" for Bankruptcy Purposes?
    2019-05-02

    The day any enterprise starts contemplating a bankruptcy filing never is a happy one. If the enterprise is in the health care industry, added anxiety can arise over whether it qualifies as a “health care business” under the United States Bankruptcy Code. Among other provisions applicable to a “health care business” in bankruptcy, the Bankruptcy Code requires the appointment of a patient care ombudsman (“PCO”) when a health care business becomes a debtor in a bankruptcy case.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Krieg DeVault
    Authors:
    C. Daniel Motsinger , Kay Dee Baird
    Location:
    USA
    Firm:
    Krieg DeVault
    Don’t Bank(ruptcy) On It: In re Adair
    2019-05-03

    The U.S. Justice Department (“DOJ”) has said that an Oregon woman who is employed by a marijuana staffing agency cannot use bankruptcy protection because of her firm’s ties to the cannabis industry. The U.S. Trustee—a DOJ bankruptcy administrator—objected to confirmation of the debtor’s Chapter 13 plan and moved to dismiss on the grounds that her income is earned in violation of the federal Controlled Substances Act (“CSA”).

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Burns & Levinson LLP
    Authors:
    Marcus Hernandez
    Location:
    USA
    Firm:
    Burns & Levinson LLP
    Blessings in Disguise: Hidden Opportunities in Healthcare Bankruptcies
    2019-04-02

    Perhaps one thing we can agree on in discussing the healthcare industry: it is in a state of distress stemming from the challenges created by an ever-increasing regulatory burden, changes in reimbursement rates, uncertainty with the Affordable Care Act, mounting tort and employment litigation. The recent rampant growth of urgent care centers and retail clinics as well as technological advances and telemedicine have created a change in the manner in which healthcare services are delivered and consequently put pressure on providers to compete.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Dickinson Wright, Telemedicine, Affordable Care Act 2010 (USA)
    Authors:
    Peter Domas
    Location:
    USA
    Firm:
    Dickinson Wright
    Are the Bankruptcy Courts Available for the Cannabis Industry?
    2019-03-08

    Since 2012, ten states and the District of Columbia have legalized marijuana for adult recreational use.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Ward and Smith, PA, Cannabis industry, Leahy-Smith America Invents Act 2011 (USA), Controlled Substances Act 1971 (USA), United States bankruptcy court
    Authors:
    Lance P. Martin
    Location:
    USA
    Firm:
    Ward and Smith, PA
    California AG Aims to Block County’s Purchase of Two San Jose-Area Hospitals
    2019-01-18

    On January 9, 2019, California Attorney General Xavier Becerra filed a motion with the U.S.

    Filed under:
    USA, California, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, US District Court for Central District of California, United States bankruptcy court
    Authors:
    Taylor Ashton , Kenneth Yood
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Triangular Setoff Impermissible Under Section 553: No Contracting or Theorizing Around It, Section 553 Requires Mutuality
    2019-01-03

    In a recent decision, In re Orexigen Therapeutics, Inc., No. 18-10518 (KG) (Bankr. D. Del. Nov. 13, 2018), Judge Kevin Gross of the United States Bankruptcy Court for the District of Delaware held that the mutuality requirement of section 553 of the Bankruptcy Code must be strictly construed, declining to find mutuality in a triangular setoff between the debtor, a parent entity that owed the debtor money, and that entity’s subsidiary, which was a creditor.

    Filed under:
    USA, Banking, Company & Commercial, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Authors:
    Ronit J. Berkovich , Andriana Georgallas
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    State Marijuana Laws vs. Bankruptcy: The Tension Grows
    2019-01-04

    In prior posts, we examined whether state-licensed marijuana businesses, and those doing business with marijuana businesses, can seek relief under the Bankruptcy Code. As we noted, the Office of the United States Trustee (the “UST”) has taken the position that a marijuana business cannot seek bankruptcy relief because the business itself violates the Controlled Substances Act 21, U.S.C.

    Filed under:
    USA, Colorado, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Controlled substance, Secured creditor, Cannabis industry, Controlled Substances Act 1971 (USA), Ninth Circuit
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs

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