Buyers and sellers of health care businesses depend on attorney Wendy Marcari for her skill in negotiating, documenting, and closing transactions. Whether the sellers are financially strong, distressed, or insolvent, Wendy successfully navigates clients through their legal and business challenges.
Health systems, physician practices, nursing homes, and home health care providers value Wendy’s 30 years of experience, her results-oriented solutions, and her pragmatism. She helps business owners maximize the value of their businesses in sale transactions, monetize their investments, and enter into joint ventures to increase opportunities. Wendy also assists clients with strategic acquisitions in targeted markets, structuring transactions to help buyers limit risks and unwanted liabilities, negotiating favorable deal terms, and ensuring continuity of the acquired businesses.
Clients rely on Wendy’s practical and actionable advice on doing business with distressed or insolvent companies. Protection of creditors’ rights is a particular area of Wendy’s focus, and clients appreciate her guidance on structuring business arrangements in a manner to limit their exposure while achieving business objectives. When dealing with insolvent health care providers, clients seek Wendy’s counsel on complicated issues relating to government receivables, rights of recoupment, and the assignment of Medicare and Medicaid provider agreements. Wendy advises clients seeking to buy assets from distressed sellers, whether inside or outside of bankruptcy, including guiding them through a competitive sale and auction process. She also represents secured and unsecured creditors, debtors, lenders, vendors doing business with debtors, landlords, defendants in adversary proceedings, and others. Wendy has appeared in creditors’ rights, bankruptcy, and business restructuring matters, including particularly complex Chapter 11 reorganization proceedings, throughout the country.
The Managing Member of Epstein Becker Green’s New York Office, Wendy also serves on the firm’s Legal Recruitment & Professional Development Committee – NYC, and on the Executive Committee of the firm’s Women’s Initiative.
Prior to joining Epstein Becker Green, Wendy was a partner in a prominent, New York-based bankruptcy boutique firm, and then a partner in the bankruptcy and business reorganization group of a national law firm. Wendy also served as Chair of the Board of Directors of a New York nonprofit guardianship agency.
In her spare time, Wendy enjoys baking and scuba diving.
Results may vary depending on your particular facts and legal circumstances.
- Represented a physician practice of more than 130 physicians in a transaction to join a New York health system. Wendy helped the client affiliate with a large health system, generating revenue for the owners and providing the physicians with access to greater resources and infrastructure.
- Represented a physician practice of more than 250 physicians in the New York metro area in its affiliation with a large research hospital. Wendy helped the physician owners cash out their equity interests and join a major health system.
- Helped a New York health system acquire the assets of a radiation oncology center in Chapter 11 with the sale free and clear of claims and liens. Wendy negotiated a debtor-in-possession loan to provide sufficient cash to maintain the seller’s operations in order to consummate the sale as a going concern.
- Represented the buyer of the assets of a financially distressed specialty pharmacy, including in the development and implementation of a strategy to minimize the risk of successor liability claims by the seller’s creditors.
- Counseled the buyer of substantially all of the assets of a health care provider with 53 clinics across the United States and closed the sale pursuant to Article 9 of the Uniform Commercial Code.
- Represented a New York nonprofit nursing home in connection with a member substitution transaction, and consummated the transaction in the middle of the COVID-19 pandemic. Wendy and the client worked collaboratively with the party becoming the sole member of the nursing home. She developed creative solutions, restructured the transaction when necessary, and achieved the closing of the transaction on the timeline the parties set.
- Led a nonprofit home- and community-based health care organization in its acquisition of licensed home care services agencies. Wendy handled the legal challenges relating to New York State’s regulation of licensed home care services agencies and the governmental approvals required. She also advised on the risk of successor liability for wage and hour law violations throughout the New York home health care industry based on applicable precedent.
- Represented a Missouri health system in creditors’ rights matters and the bankruptcy of its subsidiary hospital. Wendy advised on bankruptcy and creditors’ rights matters and causes of action against sellers of the hospital and clinic. She negotiated a settlement with the government regarding an overpayment liability and protected the client’s other facilities.
- Listed in Chambers USA: America’s Leading Lawyers for Business, New York—Healthcare (2021 to 2023). This award is conferred by Chambers and Partners. A description of the selection methodology is available here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
- Boston University School of Law (J.D., cum laude, 1993)
- State University of New York at Albany (B.A., cum laude, 1990)
- New Jersey
- New York
- U.S. District Court, District of New Jersey
- U.S. District Court, Eastern District of New York
- U.S. District Court, Southern District of Illinois
- U.S. District Court, Southern District of New York
Professional & Community Involvement
- American Bankruptcy Institute
- American Bar Association
- American Health Lawyers Association
- April 17-19, 2023