Overview

Elizabeth Mann is a partner of Mayer Brown based in the firm's Los Angeles office. She concentrates her practice on health care transactional and litigation matters and co-leads Mayer Brown's significant Health Care practice.

For many years, Elizabeth has advised a nationwide healthcare organization that insures, delivers and administers clinical care in 50 states. This organization is reimbursed by both private and public payors. She has advised this organization with respect to regulatory, contracting, reimbursement, ERISA compliance and litigation matters. Elizabeth is familiar with the significant regulatory changes resulting from the enactment and implementation of the ACA, and the ongoing change requirements resulting from the expansion of government coverage under both Medicare and Medicaid. She advises participants in all aspects of the health care system, including insurers, provider groups, group purchasing organizations, hospital systems, pharmacy benefit managers and providers of senior care living facilities and medical services. Elizabeth has a great deal of experience advising purchasers of, lenders to and investors in, healthcare organizations concerning both the target's regulatory compliance and relevant trends in the healthcare industry. She has advised concerning investments in hospital systems, provider organizations, drug and device companies and healthcare payors. A description of key transactions that Elizabeth has been involved in is below.

Elizabeth's health care litigation experience is quite varied. She was lead counsel for American Specialty Health in a nationwide antitrust litigation concerning Medicare Advantage benefits. The defendant was a large public company providing health benefits. This case was successfully resolved before trial with ASH achieving all of its litigation goals. Elizabeth represented Amgen, Inc. defending a nationwide antitrust matter involving the marketing and sale of anticancer therapies. After a lengthy bench trial where Amgen prevailed defeating preliminary injunction claims, the case was favorably settled. Elizabeth has handled a number of qui tam actions involving claims under federal and multiple state laws. She represented a major pharmaceutical company defending qui tam claims brought by an individual realtor and multiple states, including California. Elizabeth also defended American Specialty Health in a nationwide class action asserting that insureds were denied health benefits in violation of ERISA. Elizabeth and her team achieved a complete dismissal with prejudice of this litigation.

Elizabeth's clients report that they have been very satisfied with the litigation outcomes she has delivered. They attribute this success to her mature sense of risk assessment, allowing her to give "odds beating" advice when it comes to strategic decisions involving how hard to push a case, whether to try it, and when, and under what circumstances, to settle. Many of Elizabeth's clients report that over time she has become a valuable member of their management team, having developed a strong understanding of their business needs and imperatives. Elizabeth's clients often refer her services to their colleagues.

Elizabeth is very active in the Los Angeles legal community. She is the Chair Emeritus of the Litigation Section of the Los Angeles County Bar Association. She is a member of the California Chancery Club. She is a former member of the Board of the Association of Business Trial Lawyers. In these capacities she regularly interacts with prominent Los Angeles judges and attorneys. Elizabeth has twice been named by the Daily Journal as one of the top 100 women litigators in California. Elizabeth was instrumental in securing the Legal Aid Foundation of Los Angeles's 2007 Pro Bono Partner of the Year award for a prior firm. Elizabeth  serves as  the Secretary of  the Board of Directors of The LA Promise Fund. The Promise Fund  is a non-profit organization that partners with Los Angeles Unified School District to manage three  inner city schools. The Promise Fund also operates inner-city charter schools.

Representative Transactions

  1. Providing regulatory advice for transaction where Mayer Brown represents a health insurer purchasing a plan that offers medical and pharmacy benefits.
  2. Representing a health insurer seeking to secure a state license to sell health insurance products including medical and pharmacy benefits. Assisting the insurer negotiating medical and pharmacy provider agreements.
  3. Represented a pharmaceutical company negotiating its first contract with a large GPO for a newly-FDA approved drug.
  4. Provided healthcare regulatory advice to an international health sciences company in purchase and sale transactions involving pharmaceutical companies/assets.
  5. Provided healthcare regulatory advice in transaction where Mayer Brown represented a health insurer purchasing a minority interest in a large revenue cycle management, EHR and data analytics firm.
  6. Provided healthcare regulatory and change of control advice to international lending syndicate concerning multimillion dollar loans secured by failing healthcare assets.
  7. Advised a nationwide privately held senior living organization concerning captive GPO ownership and safe harbor compliance.
  8. Advised national healthcare claims administrators concerning compliance with federal and state fraud and abuse laws in connection with their contractual arrangements with clients and providers.

Spoken Languages

  • English
Highlights
Secrets of a Successful Trial Strategy

Experience

  • Represented American Specialty Health in an ERISA class action concerning provider reimbursement. We defeated class certification and established that the named Plaintiffs did not suffer injury. Judgment for Defendants.
  • Represented American Specialty Health in multiple ERISA class action cases involving member benefits, plan disclosure issues, utilization review and benefit design involving both participating and non-participating providers. Favorable settlement obtained.
  • Represented Amgen Inc. in a substantial antitrust litigation concerning bundled product sales. Held a key role in the trial team defeating plaintiffs' preliminary injunction claims after which a favorable settlement was obtained.
  • Represented Amgen Inc. In a substantial multi-state qui tam action. The case resolved favorably before trial.
  • Obtained successful judgment for defendant American Specialty Health Inc. on all aspects of plaintiffs' 18 count section 17200 representative and class action claims.

Education

University of California, Los Angeles School of Law, JD

Pomona College, BA

Admissions

  • California