Nicholas R. Rodriguez

Nick represents health care and life sciences companies and their investors in high-stakes commercial disputes with significant operational, financial, and strategic consequences. His practice primarily involves advising on and litigating matters concerning corporate governance, fiduciary duties, and complex transactions. With a national practice covering federal and state courts and arbitration tribunals across the country, he has represented some of the world's largest companies and brings deep familiarity with the regulatory and operational realities of the health care industry to every engagement.

Experience

Representative matters

Albertson's LLC et al. v. Express Scripts, Inc. (Del. Super.). Represented Albertsons in a dispute with a pharmacy benefit manager regarding reimbursement of prescription drugs.

DRE Health Corp. v. Berkley Equity Limited et al. (W.D. Mo.). Obtained post-trial judgment of over $232 million and corporate veil piercing on behalf of personal protective equipment manufacturer DRE Health in breach of contract action.

Billy Cleveland et al. v. OEP Strike, LLC et al. (Miss. Cir. Ct., Newton Cty.). Defended former officers and directors of infrastructure solutions company in action asserted by minority unitholder asserting breaches of priority distribution right and fiduciary duties.

Representative Experience

Albertson's LLC et al. v. Express Scripts, Inc. (Del. Super.). Represented Albertsons in a dispute with a pharmacy benefit manager regarding reimbursement of prescription drugs.

Howard M. Ehrenberg v. Elizabeth Kelly et al. (E.D. N.Y. Bankr.). Represented liquidating trustee in breach of fiduciary duty action against former chief executive officer of independent physician association.

Jerome R. Balka v. Dennis Pollack et al. (Pa. Com. Pl. Phil.). Obtained dismissal of class action complaint asserting breaches of fiduciary duty against board of directors in connection with merger.

Jessica Oldfather v. Steve Ells et al. (Del. Ch.). Obtained dismissal of derivative complaint asserting claims against directors of Fortune 500 company for breach of fiduciary duty related to director compensation.

Patrick Bartels v. Stephen V. Pate et al. (Tex. Dist. Ct., 152nd Jud. Dist., Harris Cty.). Defended former directors and officers of Texas-based company in post-bankruptcy litigation filed by liquidating trustee asserting breaches of fiduciary duty.

Power Investments, LLC v. Cardinals Preferred, LLC (E.D. Mo.). Obtained summary judgment on behalf of majority owner of joint venture in dispute over ownership, governance, and control of limited liability company.

Prime Therapeutics LLC v. Walgreen Co. (Del. Ch.). Successfully defended Walgreens in dispute with pharmacy benefit manager over specialty and home-delivery pharmacy joint venture (AllianceRx).

Steven Berkovitch v. Five Hole, LLC et al. (N.Y. Sup. Ct., Kings Cnty.). Procured dismissal of derivative action filed by unitholder against officers of limited liability company.

Successfully represented pharmacy benefit manager in AAA arbitration in connection with pharmaceutical manufacturer rebates.

Successfully prosecuted claims on behalf of national retail pharmacy against pharmacy benefit manager regarding reimbursement of prescription drugs in AAA arbitration.

Advised hospital regarding indemnification obligations in connection with the sale of its continuing care retirement community.

Advised investment management firm in connection with buyout of preferred equity in biotechnology company.

Advised venture capital fund on orderly wind down of pharmaceutical startup.

Advised health care-focused search fund in negotiation of structure of limited liability company.

Advised venture capital fund on pay-to-play transaction involving pharmaceutical company.

Advised special committee of board of directors of multinational corporation responsible for investigating alleged wrongdoing associated with price-fixing claims.