Pharmacy
Institutional and retail pharmacy providers face a complex and intricate web of business and regulatory challenges. Benesch prides itself on being a leader in providing innovative solutions to the institutional and retail pharmacy providers to help them confront these issues.
Overview
Compliance Issues
We assist clients with compliance-related matters such as conducting internal investigations, drafting policies and procedures, implementing compliance programs, and training management and sales forces. We also assist in the drafting of corporate compliance plans for institutional pharmacy providers.
Contracting and Fraud and Abuse Counseling
We counsel manufacturers on matters such as agreements with third party payors, discounting and rebate practices, consolidated billing requirements, and handling gift and other business courtesies.
Government Investigations
We assist clients in responding to criminal and civil federal and state investigations on kickback issues as well as on matters arising under the False Claims Act. A number of the investigations we have handled have involved issues of great significance to the industry as a whole.
Pricing Counseling
We regularly counsel pharmaceutical companies facing issues related to Average Wholesale Price, class of trade pricing and Medicaid Rebates.
Civil Litigation
We have represented a publicly-held institutional pharmacy provider in litigation matters involving contracts with customers and providers, labor and employment issues, and regulatory matters.
Related Practices
Our Work in Action
Representative Examples
Represented a specialty pharmacy specializing
in providing institutional pharmacy services to behavioral and mental health providers, in general counsel, corporate, including financing and contracting, mergers and acquisitions, and regulatory matters.
Served as regulatory counsel
for the sale of Duane Reade to Walgreens.
Represented a number of institutional pharmacies
providing pharmacy services to long term care providers, in general counsel, corporate, including financing and contracting, mergers and acquisitions, and regulatory matters.
Represented a large retail pharmacy chain
on numerous federal and state regulatory and reimbursement issues.
Represented a private equity fund on healthcare
due diligence and regulatory matters in the purchase of a publicly-held pharmacy chain in New York City.
Represented a private company in connection
with the acquisition of pharmacies in a pharmacy roll up.
High performance in practice
Ranked Nationally by Chambers® 2025
Ranked Top-Tier Nationally by Best Lawyers® Best Law Firms 2026
“Benesch has a strong nationwide team offering significant healthcare expertise. The team is highly capable across a range of regulatory matters with significant strength in CON approvals. The firm possesses additional strength in transactions, regularly handling complex acquisitions.”
– Chambers USA
Experience
Represented NCS Healthcare, Inc., a publicly-owned institutional pharmacy as outside general counsel.
Represented pharmacy providers in connection with numerous regulatory and reimbursement matters.
Represented Oak Hill Capital in connection with health care transactional and regulatory matters in connection with its acquisition of Duane Reade, a large retail pharmacy chain.
Represented Genoa Healthcare Holdings, LLC, a regional specialty pharmacy chain, in connection with its recent equity investment by Fluke Partners and Benaroya Capital.
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Key Contacts

Frank Carsonie
Chair, Benesch Healthcare Practice Group; Columbus Partner-in-Charge Columbus fcarsonie@beneschlaw.com
Christina Hultsch
Partner Columbus chultsch@beneschlaw.com
Alan E. Schabes
Executive Committee Member; Partner Cleveland aschabes@beneschlaw.com
W. Clifford Mull
Regulatory Team Lead, Benesch Healthcare+ Practice Group Cleveland cmull@beneschlaw.com