Christopher J. Donovan

Partner

Overview

Christopher J. Donovan is a transaction lawyer with Foley & Lardner LLP. He is co-chair of Foley’s Health Care Practice Group and a member of the firm’s Private Equity & Venture Capital Practice.

He focuses his practice on advising investors, both strategic and financial in mergers and acquisitions, recapitalizations, buyouts, growth investments and restructurings, as well as advising on a broad range of commercial arrangements. Chris has particular experience in the health service, postacute, digital health, and behavioral health areas. As a result of the dozens of health and life science deals he has advised on, both domestic and international, Chris brings a unique blend of deep regulatory as well as pragmatic corporate and finance experience to a transaction. 

Recognition

  • Continually peer review rated as AV Preeminent®, the highest possible rating in both legal ability and ethical standards by the Martindale-Hubbell® Peer Review Ratings™ system
  • Recognized by the Legal 500 for his work in the area of health care – service providers (2014)
  • Selected by his peers for inclusion in The Best Lawyers in America© in the field of Health Care Law (2017, 2019-2022)

Representative Mergers and Acquisitions 

  • Assisted Magellan Provider Services in connection with the formation and operationalization of a national provider based behavioral health telemedicine platform.
  • Served as counsel to Dallas-headquartered AccentCare Inc., a nationally recognized leader in post-acute care, in its acquisition of Southeastern Healthcare at Home.
  • Represented Magellan Health Inc. in an acquisition of majority interest in Bayless Integrated Healthcare, a leading integrated behavioral and primary care provider in Arizona.
  • Represented Montagu Private Equity LLP as regulatory counsel in their acquisition of the RTI Surgical OEM Business, with a deal base value of $490 million.
  • Represented  several of the largest U.S.-based private equity firms in connection with U.S. healthcare regulatory matters transactions in auctions for a variety of targets including physician practice management, medical spa, veterinary, hospice, DME, home health, consumer branded pharma, lab, and related ancillaries..
  • Represented Fazzi Associates, a leading coding, education, and consulting provider to the post-acute care sector, in its sale to TPG portfolio firm Mediware Information Systems.
  • Represented Blue Mountain Capital Management in the $700M acquisition of Kindred’s national skilled nursing portfolio.
  • Represented Colony Capital as health care regulatory counsel in connection with its $17B merger with Northstar Asset Management and Northstar Realty.
  • Represented an institutional investor in south central Texas in the acquisition of 33 skilled nursing facilities totaling 4,200 beds, as well as several development sites owned by Regency Post-Acute Healthcare System in 2016. The transaction is reported as the largest seniors housing sale in Texas history.
  • Representing Revera Inc., a leading provider of seniors’ accommodation, care and services, in its asset purchase agreement to sell the majority of its U.S. Nursing and Rehab division to Genesis HealthCare Inc.
  • Represented Heraeus Medical Components, a global business unit of Heraeus Holding GmbH, in connection with a share purchase agreement to acquire 100 percent stock in NeoMetrics.
  • Represented Revera Inc., a leading provider of seniors’ accommodation, care, and services, in a new co-investment with Welltower in the ownership of the Sunrise Senior Living management company.
  • Represented Revera Inc., a leading provider of seniors’ accommodation, care, and services, in its formation of a $1.35 (CND) billion joint venture with Health Care REIT, one of North America’s largest seniors housing and health care real estate investment trusts.
  • Represented a national, private equity backed post-acute complex care management firm in an innovative, market leading joint venture with a regional nonprofit acute care hospital chain to structure ACO ready products and service offerings for full inpatient/outpatient care as well as bundled payment and episodic care service offerings to MCOs.
  • Represented a German multinational in connection with its acquisition from a major U.S. life science company of its dental antibiotic product and division consisting of a market leading drug, entire workforce and related supply chain.
  • Represented a German multinational in connection with the acquisition of technology assets from a U.S. public company, including assets in the United States, Malaysia, Singapore and Switzerland; work included global antitrust approvals.
  • Represented one of the largest global private equity firms in connection with its acquisition of a healthcare information technology service, including regulatory, fraud and abuse and reimbursement related services in the United States.
  • Represented several private equity companies in the leveraged buyout of a major behavioral health chain.
  • Outside U.S. general counsel to one of the premier global management consulting firms, including benefits, litigation, bankruptcy, investment, antitrust, trade and general corporate advice.

Representative Venture and Growth Capital/Digital Health

  • Represented Concord Health Partners in Series D Funding with Cedar, an innovative patient engagement and financial technology platform, to continue fueling growth in the health care industry.
  • Represented Magellan Health Inc. in a minority equity investment into Kaden Health, Inc., the New York-based digital behavioral health company.
  • Represented Concord Health Partners with investment transaction in Cedar - a NYC-based patient engagement and financial technology platform - Series C Funding. Concord's participation will enable Cedar to accelerate investment in core product development.
  • Represented Concord Health Partners with investment transaction in Bright.MD  a leading health care automation company  Series C Funding. Bright.MD will use the funding for accelerated marketing and technology expansion of its suite of care-automation solutions.
  • Represented one of the largest publicly traded home health and hospice operators in an innovative technology-driven care coordination platform to drive greater continuity of quality care amongst home health, hospice and personal care providers nationally.
  • Represented HLM Venture Partners in connection with its preferred equity investment in Binary Fountain, the leading provider of patient feedback management solutions designed specifically for health care in a single cloud-based platform.

Education

  • Boston College Law School (J.D.)
    • Member, Boston College International and Comparative Law Review
  • Georgetown University (B.S.F.S., magna cum laude)

Recent Speeches, Publications and Articles

  • Moderator, “Accelerating Technological Advances to Transform Health Care,” HLTH Conference 2021 (October 18, 2021)
  • Co-speaker, “Payvider Developments,” Health Plan Alliance Webinar (October 6, 2021)
  • Co-speaker, “Reading the Market: Is Now the Right Time to Sell?” Health Care Innovation & Investment (HI2) Conference (September 27, 2021)
  • Author, “Home Health and Hospice Joint Ventures: An Accelerating Trend” Health Care Law Today (July 2, 2021)
  • Moderator, “Hospital JVs” Concurrent Session, Home Care 100 Conference (June 28, 2021)
  • Interviewed, “Lawyers: Biden Unlikely to Expand Parity to Include Medicare, But Other Behavioral Changes Probable,” Behavioral Health Business (April 1, 2021)
  • Interviewed, “The Defining Pandemic Moments for Health And Life Sci Attys,” Law360 (March 11, 2021)
  • Co-author, “COVID-19 Compounds Opioid Crisis and Treatment Gaps for Vulnerable Americans: Will a Biden Administration and New Congress Expand Medicare Coverage?” Health Care Law Today (March 3, 2021)
  • Interviewed, “Legal expert: MA growth to spur uptick in home health financial activity in 2021,” McKinght’s Senior Living (January 29, 2021)
  • Moderator, “Trending Towards a Record-Breaking Year in Digital Health Investments,” HLTH Matters GoLive (November 12, 2020)
  • Moderator, “Dissolving the Stigma around Behavioral Health,” HLTH Matters GoLive (October 29, 2020)
  • Interviewed, “Medicare Advance Payments Complicating Hospice M&A,” Hospice News (October 22, 2020)
  • Moderator, “AI’s Expansion Across the Health Landscape,” HLTH Matters GoLive Webinar Series (September 10, 2020)
  • Moderator, “Behavioral Health in the Time of Covid-19,” Health Care Law Today Podcast (June 23, 2020)
  • Co-author, “Power Play: California May Require Attorney General Approval for Transactions Involving Health Systems, Private Equity Groups, or Hedge Funds,” Health Care Law Today (June 4, 2020)
  • Co-author, “COVID-19: Three Health Care Sectors Still Attracting Investment,” Healthcare Business Today (June 3, 2020)
  • Interviewed, “Coronavirus Q&A: Foley & Lardner’s Health Practice Chair,” Law360 (May 29, 2020)
  • Quoted, "Savvy Home Health Providers May Look to Cash In on Behavioral Health, AI Interest," Home Health Care News (May 19, 2020)
  • Co-author, "COVID-19: Three Health Care Sectors Still Attracting Investment," Health Care Law Today & Foley's Coronavirus Resource Center (May 18, 2020)
  • Quoted, “Fearing CMS ‘Day of Reckoning,’ Home Health Providers Shy Away from Coronavirus Relief Funds,” Home Health Care News (May 13, 2020)
  • Co-author, “Ninth Circuit Holds an ‘Objective Falsehood’ Is Not Required for Violation of False Claims Act,” Health Care Law Today (April 20, 2020)
  • Quoted, “Forget the Pro Forma: Opening a New Senior Housing Community During COVID-19,” Senior Housing News (April 13, 2020)
  • Co-author, “Coronavirus Related Legal Considerations for the Senior Housing and Skilled Nursing Industries,” Foley's Coronavirus Resource Center (April 9, 2020)
  • Co-author, “COVID-19: Notable Impacts for Post-Acute Providers from the CARES Act, CMS Blanket Waivers, and the CMS Interim Final Rule,” Health Care Law Today (April 3, 2020)
  • Co-author, “Third Circuit Creates Budding Circuit Split in United States v. Care Alternatives, Ruling That “Objective Falsity” Is Not Required Under FCA,” Health Care Law Today (March 11, 2020)
  • Co-author, “Skilled Nursing Facilities: 2020 Target Area for DOJ under False Claims Act,” Health Care Law Today (March 9, 2020)
  • Author, “Private Equity is Fueling a Critical Expansion in Autism Treatment. Now Comes the Hard Work,” Healthcare Business Today (February 15, 2020)
  • Co-author, “AseraCare FCA Ruling Is A Boon For Health Providers,” Law360 (January 31, 2020)
  • Author, “Home Health and Hospice: Top Trends for 2020,” Health Care Law Today (January 30, 2020)
  • Quoted, “Private Equity Hungry for Autism Providers, Consolidation Will Accelerate,” Behavioral Health Business (January 21, 2020)
  • Quoted, “Report: M&A Activity Slows in Q4, but Interest in Autism Remains Strong,” Behavioral Healthcare Executive (January 21, 2020)
  • Quoted, “Health Care Cases To Watch In 2020,” Law360 (January 1, 2020)

Other Activities

Chris has been a cyclist as well as a fundraiser for the Pan Massachusetts Challenge for several years. The PMC is an annual charity bikeathon that has raised millions of dollars for cancer research and is the largest single donor to the Dana Farber Cancer Hospital in Boston. He also played four years of Division I soccer for Georgetown University.

Representative Matters

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Foley, with Chris Donovan serving as lead counsel, represented Revera Health Systems in its acquisition and recapitalization of Sunrise Senior Living, the leading operator of assisted living facilities in the US with operations in Canada and the UK as well. The transaction entailed a 3 part merger, leveraged acquisition and joint venture with Health Care REIT (NYSE) involving sellers KKR, Beecken Petty and O'Keefe, Health Care REIT as minority investor and Key Bank as senior lender. Revera is the leading operator of senior living facilities in Canada and is owned by the Public Sector Pension Investment Board of Canada, a Canadian Crown Corporation. Earlier, Foley represented Revera in a $1.35 billion joint venture with Health Care REIT which shares ownership of 47 retirement homes in Canada. Foley attorney Chris Donovan successfully represented Revera as lead counsel on the agreement.
Foley represented BM Eagle Holdings, LLC, a joint venture led by affiliates of BlueMountain Capital Management, LLC (BlueMountain), in connection with its acquisition from Kindred Healthcare, Inc., of Kindred’s skilled nursing facility business for $700 million. This was a large multistate/site deal.The sale included 89 nursing centers with 11,308 licensed beds and seven assisted living facilities with 380 licensed beds, which collectively have approximately 11,500 employees in 18 states. The sale was a simultaneous purchase by BlueMountain and lease to diverse operators and involved the coordination of regulatory approvals associated with transaction in 18 states.