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Cover Story: Nelson Mullins and Broad

and Cassel Combine to Form

New Super-Regional Law Firm

Continued from page 1 issues, and transactional matters.
even better services to our existing Breach of privacy issues was one area
clients and potentially attract new clients where we had what was characterized as
because of the deeper and more signifi- a basic expertise, but with Nelson
cant expertise that the combined firm Mullins now, we're pretty comfortable
brings, that the separate firms do not bringing to bear cyber security, privacy
independently have,” says Tom Moran, and security expertise,” says Imperato,
managing partner of Nelson Mullins’ who also adds “responding to enforce-
Myrtle Beach office and member of the ment actions or private contractor
firm’s Executive Committee integrity matters has been, is, and will
Gabriel Imperato, managing partner of continue to be a demand in South
Broad and Cassel’s Fort Lauderdale office Florida.”
and member of the firm’s Management “There’s also much more outreach for
Committee, adds that it’s often difficult assisting in mergers and acquisitions in
for law firms to find another firm to com- the healthcare space,” Imperato says.
bine with. “We had somewhat of a capability in the
“I don't think it's a small accomplish- transactional space there but now I am
ment to find a partner to merge with, very comfortable advising clients that the
especially when we're talking about firms combined firm can bring to bear on that
of our respective sizes,” he says. “It's experience a certain level of resources
complicated, it's challenging, it doesn't that probably aren't surpassed in many
often work, or if it does work, it doesn't places or by any other firms.”
work well. But we felt like this was really One big challenge for hospitals will
a very good and fortunate combination continue to be the cost of providing serv-
that we were able to achieve.” ices and the extra burden that hospitals
It took nearly three years for this deal are shouldering that were previously pro-
to be completed, both attorneys noted. vided by small physician groups and
“We were fortunate enough to connect closely held post-acute care providers.
with Nelson Mullins,” says Imperato. “Hospitals now are expected to be
“We found that it was a good fit cultural- employers of physicians,” he explains.
ly, it was a good fit in terms of geograph- “It used to be the communities would
ical location, good fit in practice areas, have community physicians and other
and it just worked. Broad and Cassel has independent healthcare providers. Over
had a great legacy in Florida, it's a strong the past 15 years, hospitals have had to
player in the healthcare industry. We're take that role over as many private physi-
now going from one and one is going to cians no longer can afford to remain in
equal three.” private practice - and as the mindset of
Moran points out that similar to the new doctors and physicians coming out
healthcare and the hospital industries, of school have no interest in setting up
law firms are consolidating. From an an independent practice. They want to
economic and service perspective, the go to work directly for a hospital. That is
same factors which cause hospitals to an additional cost and burden on hospi-
consolidate are driving law firms towards tal systems that they didn't have before.”
consolidation. Those factors include Another challenge to keep an eye on is
economies of scale, more efficient opera- the integrative activity within hospital
tion, and ability to combine resources systems, which brings increased compli-
and provide more significant expertise ance risks.
across a broader continuum of services. “Hospitals and health systems were
Ultimately, the combined law firm’s already a target for compliance risks and
client experience should be enhanced in litigation before the integration activity,”
the same manner that the consolidated says Imperato. “With this level of inte-
hospital’s patient experience is being gration, where you bring in physicians
enhanced. under the tent, hospice providers, skilled
“In the same way, law firms do the nursing providers, home health
same thing through economies of scale providers, comes a whole array of com-
and being able to have deeper and wider pliance issues that are uniquely associat-
benches to provide greater services for ed with those providers. That’s because
our clients,” he says. “Technology makes they come into the organization and cre-
it possible as it does for hospitals to grow ate that vicarious liability for hospital
and to have multiple systems and multi- and health systems. It presents a compli-
ple sites; technology has provided the ance nightmare for compliance profes-
same in the legal industry.” sionals trying to manage that risk in the
According to the attorneys, some of hospital and health system space.”
the current legal services being sought in
the healthcare sector, particularly in South For more information, visit
Florida, are often related to operational www.nelsonmullins.com or
services, healthcare privacy and security www.broadandcassel.com.

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