Deborah L. Gersh is the co-chair of Ropes & Gray’s nationally recognized health care practice and the co-leader of the firm Health Care and Life Sciences Industry Group. She has over thirty years of experience advising health care industry clients and investors on mergers, acquisitions, and joint ventures, and the complex regulatory regimes implicated by such transactions.
She has also counselled many clients through the implementation of value-based care (“VBC”) initiatives, and is recognized as a leading voice on structuring innovative arrangements, including novel business models and structures designed to foster biotechnology companies expansion beyond their traditional market into the provider space. She also publishes and presents extensively on VBC.
As a leading practitioner also on privacy, data security and cyber-security issues, Ms. Gersh advises clients on an array of data privacy, protection and security matters under HIPAA as well as state privacy and security laws.
She has represented clients involved in security incidents involving protected health and other sensitive personal information, including representing clients in matters involving the United States Department of Health and Human Services, Office for Civil Rights, as well as HIPAA security audits and qui tam actions initiated by state and federal government authorities.
Recently, she was part of the firm’s team that secured a landmark victory for LabMD in its dispute with the FTC over the company’s security practices.
Ms. Gersh’s clients include pharmaceutical manufacturers and medical device companies, managed care companies, dental service organizations and practice management companies, academic medical centers and community hospitals as well as private equity and venture capital companies investing in the health care and life sciences industries.
- JD, with honors, The George Washington University Law School
- BA, Phi Beta Kappa, Northwestern University, 1980
ADMISSIONS : Illinois, 1983
MEMBERSHIP & AFFILIATIONS :
- Member, National Association of Professional Women (2014)
- Member, Advisory Board of George Washington University Law School (2014-present)
- Board of Directors, Illinois Institute of Continuing Legal Education (2009-2015)
- Coalition of Women in Large Law Firms, and Board Member (2008-2014)
- American Health Lawyers Association
PROFESSIONAL & CIVIC ACTIVITIES : Adjunct Professor, Chicago-Kent College of Law, Information Technology and Emerging Companies Clinic (2000-2005)
- Blackstone – Deborah acted as lead regulatory counsel in negotiation of a joint venture arrangement between Change Healthcare Holdings, a portfolio company of Blackstone, and McKesson’s technology services business.
- Madison Dearborn Partners – Deborah represented MDP as lead regulatory counsel in its joint venture with Walgreens Infusion Services in which MDP acquired a majority interest in its infusion therapy business.
- Bain Capital LP – Deborah acted as lead health care counsel in connection with its acquisition of Navicure, a leading provider of cloud-based claims management and patient payment solutions for physician practices and hospitals.
- Data Company – Deborah was lead regulatory counsel in connection with the $1 billion acquisition by a private equity company of a health care clearinghouse and data aggregation company.
- HIPAA – Deborah represented a managed care plan, in connection with an OCR-initiated HIPAA Privacy and Security Audit, as well as a practice management company and a medical center, each in connection with OCR initiated HIPAA Data Breach Investigations and state AG related audits.
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