David focuses his practice on health care matters, and is a member of Mintz’s health care transaction deal team which works on complex health care industry transactions, including mergers and acquisitions, joint ventures, and affiliations, for health care providers and investors across the United States. In addition to providing advice and counsel to health care providers such as health care systems, physician practice groups, health insurance and managed care organizations, and other health care groups, David advises private equity groups and investors on issues identified in due diligence for potential transactions, corporate structure, licensure, and health care fraud and abuse including, Stark, anti-kickback, and other regulatory matters.
His recent health care industry merger and acquisition activity includes acquisitions and sales, joint ventures, and strategic affiliations totaling over one billion dollars for clients across the health care spectrum, including a Fortune 250 company, and providers of radiology services, hospital development and management services, fertility services, addiction treatment, telehealth, managed care, pharmacy, and behavioral health services. He has also advised clients on a broad range of health law matters, including Determination of Need and guiding clients through the regulatory aspects of capital projects and other strategic initiatives, medical peer review matters, hospital operations, health care policies and procedures, medical staff credentialing, and general business and corporate matters, including day-to-day business strategy, corporate governance, corporate compliance, contracting, and HIPAA compliance.
Prior to joining Mintz, David was a Rappaport Legal Fellow in Governor Deval Patrick’s Office of Legal Counsel, where he drafted and analyzed issues related to health care regulations, including regulations related to MassHealth, dentistry, and pharmacy; drafted Executive Orders and agency testimony for legislative hearings; and analyzed legal and policy issues related to the Commonwealth’s opioid crisis and the implementation of medical marijuana licensing and dispensaries.
Education
- Suffolk University (JD, cum laude)
- Muhlenberg College (BA)
Recognition & Awards
- Rappaport Legal Fellow (2014)
- Muhlenberg College: Recognized as an All American and inducted into the Muhlenberg College Hall of Fame in recognition of accomplishments in collegiate track and field events
- Included on the Massachusetts Super Lawyers: Rising Stars – Health Care list (2019-2020)
Involvement
- Co-chair, Health Law Committee, Federal Bar Association, Massachusetts Chapter (September 2017 – Present)
- Public Interest Leadership Program, Boston Bar Association (September 2017 – August 2018)
- Associates Drive Captain, Greater Boston Legal Services (May 2017 – August 2018)
- Executive Leadership Committee, Lawyers Have Heart (2016 – Present)
Recent Insights
Viewpoints
363 Sales as a Health Care M&A Tool, Part 2 – Pros and Cons for Buyers and Sellers
September 11, 2020 |Blog
363 Sales as a Health Care M&A Tool, Part 1 – Overview
July 28, 2020 |Blog
Congress and the White House Continue Efforts to Respond to Coronavirus
March 19, 2020 |Blog
Viewpoints
363 Sales as a Health Care M&A Tool, Part 2 – Pros and Cons for Buyers and Sellers
September 11, 2020 | Blog | By Deborah Daccord, William Kannel, Rachel Irving Pitts, David Chorney, Tim McKeon
As a refresher, a 363 Sale couples a flexible and fast process with ample liability protection for willing buyers. The primary benefit of a 363 Sale is that a buyer can acquire the debtor’s assets free and clear of virtually all liens, claims, and interests burdening the assets and the debtor. And when Section 363 is coupled with the “assumption and assignment” provisions of Section 365 of the Bankruptcy Code, a debtor is able to assign most contracts or leases that a buyer may wish to purchase, including contracts with ironclad anti-assignment language, provided that certain conditions are satisfied. When a target is experiencing severe financial distress, the benefit of acquiring assets “free and clear” is extraordinarily valuable.
363 Sales as a Health Care M&A Tool, Part 1 – Overview
July 28, 2020 | Blog | By Deborah Daccord, William Kannel, Rachel Irving Pitts, Tim McKeon, David Chorney
For those unfamiliar with 363 Sales, a 363 Sale couples a flexible and fast process with ample liability protection for willing buyers. The primary benefit to a 363 Sale is that a buyer can acquire the debtor’s assets free and clear of virtually all liens, claims and encumbrances burdening the assets and the debtor. When a target is experiencing severe financial distress, the benefit of acquiring assets “free and clear of all liens” is extraordinarily valuable.
Congress and the White House Continue Efforts to Respond to Coronavirus
March 19, 2020 | Blog | By Anthony DeMaio, David Chorney
Massachusetts Considers Drug Pricing Transparency Laws
February 10, 2020 | Blog | By David Chorney
Three Things to Learn from Delaware Supreme Court’s Opinion on Board of Director Oversight Duties (Marchand v. Barnhill)
August 6, 2019 | Blog | By David Chorney
FDA and Outgoing Commissioner Scott Gottlieb Open Up About Cannabis and CBD Regulation
April 23, 2019 | Blog | By David Chorney
How to Safely and Productively Promote an FDA-Regulated Medical Product
February 8, 2019 | Blog | By David Chorney
Physician's Response to a Public Patient Complaint Leads to Penalty under HIPAA
December 5, 2018 | Blog | By David Chorney