Deborah L. Gersh

Partner

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  • JD, with honors, The George Washington University, 1983
  • BA, Phi Beta Kappa, Northwestern University, 1980

Qualifications

  • Illinois, 1983
  • 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
  • Adjunct Professor, Chicago-Kent College of Law, Information Technology and Emerging Companies Clinic (2000-2005)
  • Chambers USA: America's Leading Lawyers for Business (2015-2017)
  • The Best Lawyers in America (2015-2018)
  • Super Lawyers Illinois (2005-2017)
  • Legal 500 (2014-2016)

Deborah L. Gersh

Partner

Deborah Gersh is the co-chair of the health care practice group, with over twenty-five years of experience advising a wide range of health care companies and investors on mergers, acquisitions and joint ventures, as well as sophisticated regulatory and enforcement matters and the acquisitions and sale of health care entities. Her clients include pharmaceutical manufacturers and medical device companies, managed care companies, dental service organizations and practice management companies, as well as academic medical centers and community hospitals. She also represents private equity and venture capital companies in acquiring and investing in health care companies. Deborah also counsels clients on a range of compliance matters, including value based health care initiatives, risk sharing and related regulatory compliance matters.

Deborah is also a recognized expert in privacy and cybersecurity. She 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.

Experience

  • 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. The deal was valued in excess of $3.4 billion.
  • 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.
  • Cressey & Co. – Represented Cressey & Co. in its sale of Strategic Healthcare Programs to Roper Industries.
  • 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 healthcare clearinghouse and data aggregation company.
  • Heartland Dental, LLC – Deborah represented Heartland, the largest dental support organization, in the sale of Heartland’s controlling interest to Teachers’ Private Capital, the investment division of Ontario Teachers’ Pension Plan for an amount in excess of $1 billion.
  • 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.

Publications

Presentations

  • Presenter, “Data Aggregation: Risk, Reward and Responsibility,” Privacy & Security Forum (October 2017)
  • Presenter, “Health Care Fraud Enforcement Summit,” Legal 500 (October 2017) 
  • Co-chair, “Health Privacy and Security Intensive Day,” Privacy & Security Forum (October 2017)
  • Presenter, “Cyber-Hygiene Every Day Keeps Health-Care Ransomware Attacks Away,” Bloomberg Law’s Reassess, Reinforce, Resolve: Cybersecurity Best Practices in Health Care (September 2017)
  • Presenter, “Challenges & Innovations In The Transition To Value-Based Healthcare,” Consero’s Healthcare General Counsel Forum (October 2016)
  • Presenter, “Breach Response: Investigations, Prosecutions and What to Do,” Information Security Media Group Fraud & Breath Prevention Summit, New York (August 2016)
  • Presenter, “When Government Oversight Goes Wrong,” Information Security Media Group Fraud & Breach Prevention Summit, Chicago (June 2016)
  • Presenter, “Mind Your Data: Privacy, Portability, and Process,” Consero GC Forum, Nashville (September 2015)