Biography

KATHERINE R. LOFFT is a Member of the Firm in the Corporate Services and Health Care & Life Sciences practices at Epstein Becker Green. She is a dynamic and innovative business attorney who employs a collaborative approach to helping clients meet their strategic objectives. As the former general counsel of a sizable division of a then leading commercial lender to the health care industry, as well as a pre-IPO venture-backed Internet services company, Ms. Lofft brings a distinctive perspective to enterprise risk management. Her background allows her to effectively balance legal and business considerations to achieve timely results in an efficient manner.

Ms. Lofft counsels and represents both for-profit and nonprofit/not-for-profit/tax-exempt enterprises with respect to all aspects of corporate and transactional law, including:

  • Mergers, acquisitions, and divestitures
  • Strategic ventures (joint ventures, partnerships, and affiliations)
  • Complex commercial arrangements
  • Licensing arrangements
  • Corporate and commercial finance (including capital raises and loan transactions)
  • Corporate formation and governance

Representative transaction types include:

  • Representing several large, not-for-profit health systems in connection with two separate “merger of equals” transactions, resulting in the creation of two new large-scale, diversified health care systems, each generating billions of dollars in annual revenue
  • Advising large, regional hospital and health systems in their acquisitions of smaller, community hospitals (including quasi-governmental targets and targets having a religious affiliation)
  • Advising strategic and financial buyers with respect to acquisitions involving a wide range of health care targets, including physician practice and management services organizations, behavioral health care providers, third-party administrators, and perfusion providers
  • Counseling sellers with respect to the divestiture of various health care businesses and service lines, including general and specialty health care staffing, group purchasing organizations, specialty pharmacy, and home health care businesses
  • Representing health insurers and other parties negotiating joint venture and other arrangements to develop or license data analytics and other services and solutions, and to offer Medicare Advantage plans, value-based clinical services through bundled rate and reinsurance risk arrangements, and “dual eligibles” plans
  • Advising health care providers and other companies with respect to various commercial arrangements, including management and administrative service agreements, transition service agreements, software and SaaS license agreements, vendor arrangements, sales, distribution, and reseller agreements, product development and commercialization activities, and marketing and publicity agreements
  • Representing a number of companies, including a provider of health and wellness engagement programs, a bio-technology research organization, a health care application developer, and a women’s imaging services provider, in connection with their initial or early-stage equity funding rounds
  • Advising health care providers with respect to commercial loan transactions, related party loans, letters of credit, and cash management/lockbox arrangements
  • Counseling with respect to a range of corporate formation and corporate governance matters, including issues relating to internal investigations involving senior management or directors

Ms. Lofft has authored or co-authored book chapters and articles on topics ranging from the effect of health reform on merger and acquisition activity, to physician-hospital alignment strategies, to best practices in executing hospital affiliation transactions.  She has also blogged and lectured on a variety of subjects, including how to prepare a health care company for a deal with a private equity buyer/investor and how to conduct due diligence on a health care provider target.

Ms. Lofft has been recognized as a “Recommended” attorney by The Legal 500 United States in the following categories:

  • Healthcare:  M&A (Middle Market) and Service Providers (2018, 2015)
  • Healthcare:  M&A (Middle Market) (2017, 2016)
  • Healthcare:  M&A (Middle Market) and Health Insurers (2014)
  • Healthcare:  Health Insurers and Service Providers (2013)
Education
  • University of Pennsylvania Law School (J.D.)
  • Smith College (A.B.)
Bar Admissions
  • District of Columbia
Memberships
  • American Bar Association
  • American Health Lawyers Association