Wendy G. Marcari – Health Care M&A, Corporate Bankruptcy Attorney – New York, New York

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 clients seek to buy assets from a distressed seller, whether inside or outside of bankruptcy, Wendy guides 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.

Focus Areas

Experience

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 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.

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