Amanda Hayes counsels clients in connection with mergers and acquisitions, divestitures, and other business matters, with a particular focus on the health care industry. She regularly serves as lead counsel on acquisitions and divestitures, guiding the client through deal structuring, due diligence, drafting, negotiation, and closing. In addition to health care, her approximately 15 years of experience with mergers and acquisitions includes a variety of industries, such as life sciences, manufacturing, retail, automotive, contract research, environmental remediation, engineering, and construction supply.
Beyond mergers and acquisitions, Amanda also advises health care clients in structuring business relationships to comply with regulatory requirements. This counseling includes organizational structuring, corporate governance, buy-sell arrangements, compensation plans, material contract review and negotiation, and other matters.
Amanda regularly advises clients in the following areas:
- Asset and stock acquisitions and sales
- Preparation for sales of businesses
- Joint ventures and strategic alliances
- The federal Anti-Kickback Statute and state law prohibitions on payment of remuneration in return for referrals of health care business
- The federal Stark Law, including structuring relationships to meet Stark Law exceptions for “in-office ancillary services,” leasing arrangements, management and personal services arrangements, and others
- Physician compensation models for compliance with Stark and other applicable laws
- Compliance plans
- Privacy, security, and electronic exchange of health information in compliance with the federal HIPAA and HITECH statutes
- Corporate representation, including formation, corporate maintenance, shareholders’ agreements, and other matters
- Commercial contracts