| Biography:
Lee Barkan is Senior Counsel to the Health Care Department in the New York office. He joined Proskauer Rose LLP's health law practice in 1997, bringing to Proskauer significant previous legal experience.
As is the case with other members of the Group, Lee's path to Proskauer reflects a blend of diverse experiences. After graduating Harvard Law School in 1979, Lee began his legal career as a litigator in New York. In 1985, Lee started his own general practice law firm in New Jersey, where he developed his talents as a corporate generalist, servicing the legal needs of both large and small companies, as well as individuals.
In 1988, Lee moved in-house as General Counsel for a publicly traded health care related company. As General Counsel, Lee was able to further refine his skills in a variety of legal fields, includ ing those of mergers and acquisitions, licensing, franchising, real estate, employment, trademarks and securities.
Lee brings to Proskauer his distinctive perspective of both in-house counsel and client. His focus has always been on developing practical solutions to often complex problems in the most cost-efficient manner possible.
Building on his background, since joining Proskauer, Lee has assisted hospitals, dialysis companies, physicians, physician management companies and health care associations in solving their pressing business problems, assisting them in realizing successful mergers and acquisitions and helping them to develop joint venture arrangements.
Lee is adept at handling virtually every aspect of a health care-related transaction. He has assisted providers in forming corporations, limited liability companies and partnerships, in preparing organizational materials such as certificates of incorporation, by-laws, corporate resolutions, minutes and consents, and in negotiating and drafting limited liability company operating agreements and partnership agreements.
In connection with his handling of mergers and acquisitions, Lee has negotiated and drafted letters of intent, confidentiality agreements, due diligence requests, asset purchase, stock purchase and merger and contribution agreements, as well as bills of sale, escrow agreements, equipment leases, powers of attorney and non-competition agreements.
Some of the health care-specific agreements negotiated and drafted by Lee include, administrative services, management services, acute services, affiliation, backup/transfer, medical director services, group purchasing, hospital joint operating, physician services, e-commerce and research fellow confidentiality agreements.
Lee has also assisted health care providers in preparing and processing their certificate of need applications.
In connection with the financing of transactions, he has negotiated and drafted loan agreements, promissory notes, security agreements, subrogation agreements and collateral assignments.
With regard to employment-related matters, Lee has negotiated and drafted physician employment agreements, employee leasing agreements, stock option plans and agreements, retention agreements and incentive compensation plans.
Where parties have sought to protect and develop their intellectual property, Lee has negotiated and drafted trademark licensing agreements, intellectual property rights agreements, master study agreements, research grant agreements, research board by-laws and royalty agreements.
Lee has also handled the real estate aspects of the many transaction in which he has been involved, negotiating and drafting real property leases, subleases, licensing agreements, non-disturbance agreements, assignment agreements, consents of lessors and lease estoppel certificates.
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