Mergers & Acquisitions Law Report Index-Summary

HEALTH CARE

– Antitrust, industry exemption repeal urged by Research Inst., 1038
– Blue Cross Blue Shield of Michigan

– – Physician Health Plan to be acquired, state AG requests more information, 911
– – Suit over acquisition of for-profit insurers dismissed (Mich. Cir. Ct.), 89; appeal filed (Mich. Ct. App.), 154

– CSL purchase of Talecris Biotherapeutics Holdings, FT seeks to block (FTC), 529; agreement terminated, 563
– Drug stores, CVS/Caremark merger

– – Consumer options reduced, 477
– – FTC investigation opened, 1071
– – SEIU union head urges FTC to investigate, 855
– – State legislator group seeks FTC inquiry into effects, 455

– Enforcement likely to increase in face of increased plan mergers, 319
– Highmark and Independence Blue Cross end effort to consolidate, 87
– HMO and PPO market dominated by 3 companies, GAO report, 855
– Hospitals

See HOSPITALS

– Johnson & Johnson to invest $1B in Elan

– – Alzheimer's Immunotherapy Program acquired, 661
– – Marketing agreement with Biogen breached by deal (S.D.N.Y.), 856; Elan claims to have cured issue, 885

– Medical equipment manufacturers

– – Galil Medical/Endocare merger abandoned after FTC investigation launched, HealthTronics agrees to purchase Endocare, 604; Galil and Endocare reach agreement on terminated agreement, 685
– – Getinge/Datascope merger, FTC approves subject to divestiture of endoscopic product line, 121
– – Ventricle devices, FTC sues to stop Thoratec acquisition of HeartWare Intl. (FTC), 719; merger agreement terminated, 745

– Medicare

– – Depreciation losses due to consolidation properly denied reimbursement (D.D.C.), 1014
– – Hospital statutory merger not bona fide sale, reimbursement for loss on depreciable assets disallowed (3d Cir.), 163
– – Nonprofit merger not bona fide sale, reimbursement for loss on depreciable assets disallowed (D.D.C..), 1081
– – Omnicare claims against merged Medicare prescription drug insurers dismissed for lack of evidence (N.D. Ill.), 70
– – Provider consolidation impact on hospital and physician competition, MedPac meeting discussion, 983
– – St. Luke's and Allentown Osteopathic Medical Center merger, sale at less than demonstrated value not bona fide sale for Medicare reimbursement purposes (D.D.C.), 963

– Meritcare and Sanford Health announce plan to merge, 708; merger completed, 1082
– MMM Holdings/PMC Holding merger, post-closing adjustment payment claims required to be arbitrated (Del. Ch.), 30
– Outpatient clinics, Carilion Clinic acquisition of Center for Advanced Imaging and Center for Surgical Excellence in Roanoke, Va., FTC issues administrative complaint (FTC), 720; Carilion agrees to divestiture, 945
– PacifiCare claims processing, Calif. insurance department announces hearing on alleged violations, 604
– Pharmaceutical companies

See PHARMACEUTICAL COMPANIES

– Plan consolidations, AHA urges increased review and enforcement, 474
– Retirees

See RETIREE HEALTH CARE

– StemCells to acquire Stem Cell Sciences, 271
– Successor liability, Kugel Mesh Hernia Patch, successor expressly disclaiming liability in asset purchase agreement not liable (W.D. Ark.), 815
– Tortious interference, Ventas acquisition of Sunrise Senior Living REIT, $101M verdict rendered against HCP of Calif. (W.D. Ky.), 976
– U.S. markets dominated by one or 2 insurers, 114

HEALTH CLUBS

– Bankruptcy, AGT Crunch Acquisition files, CH Fitness Investors enters as stalking horse (Bankr. S.D.N.Y.), 477

HEDGE FUNDS

– EC seeks to regulate, 218; legislation proposed, 424; draft draws criticism, 656; lobbying pressure intensifies, 730; U.S. strongly criticizes, 853
– Fair value accounting, alternative investment guidance expected, 450; final guidance expected, 752; issued, 929
– Fraud, prior knowledge bars claim (7th Cir.), 31
– Insider trading

– – Galleon fund manager and executives charged (S.D.N.Y.), 1000; probe widens, more individuals named, 1051; trial date delayed, 1073
– – Jefferies Paragon Fund, director indicted (S.D.N.Y.), 1074

– King Pharmaceuticals/Mylan merger, Perry fund settles SEC charges of failure to disclose substantial investment in Mylan (SEC), 700

HOSPITALS

See also generally HEALTH CARE
– Antitrust review to weigh potential for improvement in quality of care, 163
– Exempla managed Colo. hospitals, arbitration slated over sale of stock to Catholic nonprofit system, 62; sale violates state law, 578; agreement to transfer membership reached, 805; Exempla board approves transfer, 1015
– Medicare reimbursements

– – Nonprofit merger not bona fide sale for reimbursement of depreciation losses (D.D.C..), 1081
– – Statutory merger of hospitals not bona fide sale for reimbursement of depreciation losses (3d Cir.), 163

– St. Lukes of Ky., reproductive services stopped after merger, ACLU charges violation of certificate of need, 887

HOTELS

– John Q. Hammons Hotels, minority shareholder claims of fair price and dealings to proceed to trial (Del. Ch.), 998
– MGM Mirage sells Las Vegas Treasury Island Hotel and Casino, 16