Carly Eisenberg represents a wide variety of health care industry clients, including hospitals, physician groups, accountable care organizations, independent practice associations, home care agencies, managed care entities and private equity firms investing in the health care sector.
What do you focus on?
Health Care Transactions
I focus my practice on representing clients in health care transactions, including joint ventures, mergers and acquisitions and contractual arrangements. In addition, my practice includes advising clients on the formation of accountable care organizations and representing middle-market private equity firms in their acquisitions of portfolio companies.
Fraud & Abuse and Regulatory Compliance
I also advise clients on federal and state anti-kickback and self-referral laws with respect to both structuring health care transactions and day-to-day operations. Other areas in which I have regulatory experience include corporate practice of medicine and fee-splitting prohibitions, Medicare and Medicaid compliance and data privacy and security issues.
Food and Drug Law
I have FDA regulatory experience with issues related to drugs, medical devices, biosimilars, human cellular and tissue-based products, the preparation of premarket submissions, clinical trials, product labeling and advertising, hospital information systems and device data systems.
What do you see on the horizon?
Not only is the health care industry continuing to focus on increasing efficiencies in a constantly evolving legal framework, but investors are looking at health care businesses as a vehicle for generating profits.
Publications and Presentations
- “The Federal Regulation of Mobile Medical Apps,” Update: Food and Drug Law, Regulation and Education, July 1, 2013 (Co-author)
- “Social Media and the De-Identification of Protected Health Information,” Bloomberg BNA Social Media Law & Policy Report, March 12, 2013 (Co-author)
- “Agents Without Principals: Regulating the Duty of Loyalty for Nonprofit Corporations Through the Intermediate Sanctions Tax Regulations,” The Journal of Business, Entrepreneurship and the Law, Volume V, Number II, July 2012. (Co-author)
- “New York Establishes Medicaid Redesign Team,” American Health Lawyers Association Health Lawyers Weekly, January 21, 2011 (Co-author)
- “Use of NOL Poison Pill Sanctioned by Delaware Supreme Court,” EisnerAmper’s SEC Trends & Developments, December 2010 (Co-author)
- “Doing Justice Under the Price Anderson Act,” The Journal of Biolaw & Business, 2010 (Author)
- “Genetic Predispositions v. Present Disabilities: Why Genetically Predisposed Asymptomatic Individuals are not Protected by the Amended ADA,” Boston University Journal of Science & Technology Law, Winter 2010 (Author)
- “Dumontier v. Schlumberger: Subcellular Damage under the Price-Anderson Act,” Boston University Journal of Science & Technology Law, Summer 2009 (Author)