Robert W. McCann counsels health care clients on antitrust issues, litigation and capital financing. He represents health industry clients in mergers, acquisitions, and strategic partnerships, providing pre- and post-transaction counseling and strategic positioning advice, and shepherding transactions through the federal pre-merger notification process under the Hart-Scott-Rodino Act. He works with clients to address antitrust issues that arise in ongoing business relationships.
Rob has represented hospitals, health systems, PHOs, physician organizations, and other health industry clients in federal and state antitrust investigations and litigation.
He also works with health care and other non-profit clients in public and privately placed tax-exempt and taxable bond offerings, as well as in negotiating construction loans, lines of credit, and credit enhancement with commercial banks and bond insurers.
Rob is vice chair of the Health Care Practice Group and has practiced law in the health care field since 1978.
Rob advises health care clients through all stages of the M&A process. His representative experience includes:
- Represented both parties in a state attorney general investigation of the combination of two large Northeastern health systems. The investigation was closed without challenge.
- Representation in Federal Trade Commission and state attorney general investigations of the acquisition of a community hospital by a well-known integrated delivery system in the Eastern U.S. Both investigations were closed without challenge.
- Representation in a Federal Trade Commission investigation of a 200-bed suburban hospital’s merger with a prominent health system competitor in a large Midwestern city. The investigation was closed without challenge.
- Defended a nine-month FTC investigation relating to the sale of a large Southwestern health system’s acute care assets to an in-market competitor. The investigation concluded without challenge.
- Represented a major multihospital health system in the Eastern U.S. in a 10-month investigation by the Federal Trade Commission and the state attorney general, relating to the acquisition of an in-market competitor. The investigations concluded pursuant to a negotiated consent agreement with the attorney general and without challenge from the FTC.
Rob has represented health care industry clients in federal and state antitrust investigations and litigation. His representative experience includes:
- Representation of numerous health care industry clients in Department of Justice and Federal Trade Commission investigations of their business practices.
- Representation of two of the 21 hospital co-defendants in litigation challenging the use of “most favored nation” clauses by Michigan Blue Cross in its hospital contracts (City of Pontiac v. Blue Cross and Blue Shield of Michigan). The suit was dismissed with prejudice upon motions filed by the defendants.
- Advising on the organization and structure of a multi-system regional clinically integrated network.
- Advising two academic medical centers in their respective formation of a clinically integrated network involving both faculty and community-based physicians.
- Assisting a large metropolitan independent practice association to develop and implement a clinical integration program.
- Preparation of a comprehensive antitrust audit for a large multi-facility health care system, examining the potential risks of various business strategies for the system in light of its potential market power in different geographic and product markets, as well as the implications of various business strategies that might increase market share.
Rob has advised as borrower’s counsel, underwriter’s counsel, and bank counsel on a wide range of public and private bond placements, loan transactions, defeasances, and refinancings on behalf of health care organizations that include:
- Billings Clinic (MT)
- Benefis Health System (MT)
- Marshfield Clinic (WI)
- Kaiser Permanente (CA)
- Blessing Hospital (IL)
- Sun Health (AZ)
- South Shore Hospital (MA)
- North Bay Medical Center (CA)
“Outstanding Healthcare Antitrust Lawyer” Nightingale’s Healthcare News
Awards Methodology (www.drinkerbiddle.com/content/awards)
Robert McCann comes recommended for his expertise at the intersection of healthcare regulations and antitrust law, providing experienced counsel as well as representation in disputes. Clients commend his ‘real world’ approach, stating: ‘He has such a clear mind that is able to cut through all the hubbub to get straight to the case.'Chambers USA (2017)
Robert McCann is described as ‘effective, articulate and organized’ by clients, who also commend his accessibility and knowledge. He is adept at handling matters with significant antitrust elements and is experienced in capital financing and M&A transactions.Chambers USA
- District of Columbia
- University of Michigan Law School, J.D., 1978
- University of Michigan School of Public Health, M.H.A., 1975
- Miami University, A.B., 1973, cum laude
- American Hospital Association, Vice President