Mark Lutes serves and advocates on behalf of clients through two consultancies focused on the health care industry:
In addition, Mark serves in various industry leadership roles, including as a member of the Board of Directors of:
- Corporate & Transactional
- Corporate Financing
- Corporate Governance
- Government and Commercial Coding, Coverage, and Payment
- Health Care
- Health Care and Life Sciences Investor Services
- Health Care Mergers and Acquisitions
- Health Policy and Legislation
- Life Sciences Due Diligence
- Managed Care
- Mergers, Acquisitions & Divestitures
- Privacy, Cybersecurity & Data Asset Management
- Value-Based Purchasing and Accountable Care
- Advised Summit Partners on the $1.4 billion acquisition of the largest health maintenance organization in Puerto Rico. Mark and his team handled the complex state and federal regulatory schemes, approvals in multiple jurisdictions, and compensation from the feds and state to the health plan and from the health plan to the provider network.
- Achieved a significant appellate victory for a longtime hospital system client in an antitrust case brought by a former competitor. Mark and his team convinced the U.S. Court of Appeals for the Fourth Circuit to affirm the judgment of the lower court, dismissing with prejudice all of the plaintiffs’ 11 antitrust claims under the Sherman and Clayton Acts against the hospital system.
- Managed diligence and health regulatory issues pertaining to a $4.4 billion SPAC acquisition of a Medicare Advantage risk-assuming physician group.
- Advised the sponsors in the merger of Great Lakes Caring, National Home Health Care, and Jordan Health Service, a deal that created one of the largest home-based care services in the United States.
- Led a team in successfully reversing a Centers for Medicare & Medicaid Services action to exclude a private equity-backed post-acute company from Medicare participation.
- Led a team that advised Apax on regulatory matters in all phases of the acquisition, growth, and successful $1 billion sale of a generic drug company.
- Served as regulatory counsel to Apax in the $6.3 billion acquisition of KCI, a life sciences wound management company (now Acelity).
- Managed regulatory support to Altaris in the carve-out of Kindeva, a global drug delivery business, from 3M for $650 million.
- Chambers USA: America's Leading Lawyers for Business, District of Columbia—Healthcare (2010 to 2023)
- The Best Lawyers in America©, Health Care Law (2017 to 2023)
- The Legal 500 United States, Healthcare: Advice to Health Insurers, Healthcare: Advice to Service Providers, and M&A: Middle Market (Sub $500 Million) (2014 to 2023)
- Washington, DC, Super Lawyers, Health Care and Antitrust Litigation (2007 to 2010, 2013 to 2023)
- Who's Who Legal: Healthcare (2020)
- BTI Client Service All-Stars list, Recognized for superior client focus, innovative thought leadership, unmatched business understanding, legal skills, outsized value, and outstanding results (2016)
- Georgetown University Law Center (J.D., with honors, 1983)
- Rutgers University (M.P.A., 1979)
- Eagleton Institute of Politics, H.E.W. Public Service Fellow
- Georgetown University School of Foreign Service (B.S.F.S., with honors, 1978)
- District of Columbia
Board of Directors
- EBG Advisors
- Epstein Becker Green, Chair
- Health Insights, Chair
- Network for Excellence in Health Innovation (NEHI), Chair
Professional & Community Involvement
- American Bar Association, Antitrust and Insurance Sections
- American Health Lawyers Association
- District of Columbia Bar, Health Law Committee
- Maryland Bar Association, Health Law Committee