Latham & Watkins LLP

Nicole Liffrig Molife is counsel in the Washington, D.C. office of Latham & Watkins and a member of the Healthcare and Life Sciences Practice. Nicole provides healthcare regulatory advice on transactions to a diverse set of early stage and established healthcare and life sciences clients throughout the industry, including:

• • Pharmaceutical and biotechnology manufacturers
  • Medical device manufacturers
  • Digital health and health IT companies
  • Laboratories
  • Ambulatory surgery centers, urgent care, remote monitoring, and diagnostic imaging centers
  • Dialysis companies
  • Hospices and home health agencies
  • Health management companies
  • Industry trade associations and professional societies on regulatory compliance and business transactions
  • Long-term care and senior living providers

Nicole's practice focuses on healthcare transactions and regulatory counseling matters. She advises clients on healthcare regulatory, compliance, and business considerations that clients in the healthcare and life sciences industry face in transactions and contractual arrangements. These matters have included mergers, acquisitions, financings, securities offerings, joint ventures, contractual affiliations and other business agreements, and consulting and service agreements involving a wide variety of healthcare and life sciences companies. She handles a range of healthcare regulatory matters including fraud and abuse counseling, voluntary self-disclosures, and investigations involving the Stark Law, the Federal Anti-Kickback Statute, the False Claims Act, Medicare and Medicaid regulations, and policies.

Thought Leadership

Nicole writes and speaks frequently on a variety of healthcare and life sciences topics, including healthcare compliance risks and regulatory structural considerations arising in healthcare transactions, fraud and abuse risks in Health IT agreements, compliance with the Stark Law, contract negotiation and due diligence strategies, and Medicare coverage and reimbursement matters. Recent thought leadership includes:

• • Co-author, “US State Regulatory Spotlight on Healthcare Transactions,” Latham & Watkins Client Alert (October 6, 2023)
  • Co-presenter, “Earnout Considerations in Healthcare Transactions,” Strafford CLE Webinar (July 27, 2023)
  • Co-presenter, “Navigating Regulatory Landmines in Health Care M&A Transaction,” American Health Lawyers Association (AHLA) Health Care Transactions Conference (April 18, 2023)
  • Co-presenter, “Trends and Hot Topics in Health Care M&A,” AHLA Health Care Transactions Conference (April 26-27, 2022)
  • Co-presenter, “Evolving Enforcement and Regulatory Trends in Telehealth”, American Health Lawyers Association (AHLA) Annual Meeting (June 29, 2021)
  • Presenter, “Evolution of Value Based Contracts Within the Medical Device Industry”, Medical Device Strategic Pricing & Accounts Conference (June 24, 2021)
  • Co-author, “OIG Provides Regulatory Considerations for Gainsharing Agreements in Advisory Opinion 17-09,” Latham & Watkins Client Alert (July 16, 2018)
  • Co-presenter, “Navigating the Regulatory Landscape in an Integrated World,” American Health Lawyers Association (AHLA) In-House Panel Program (June 24, 2018)
  • Co-presenter, “Stark Law Master Class: Getting into Thorny Details that Really Matter,” American Bar Association (ABA) Webinar (June 9, 2017)
  • Co-author, “21st Century Cures Act Brings Medicare Reimbursement and Policy Changes in 2017,” Latham & Watkins Client Alert (January 3, 2017)
  • Co-author, “Telehealth – The Newest Age of Health Care Delivery,” AHLA Representing Hospitals and Health Systems Handbook (2016)
  • Co-author, “President Obama Signs the 21st Century Cures Act Into Law,” Latham & Watkins Client Alert (December 13, 2016)
  • Co-author, “CMS Proposed New Medicare Reporting and Payment System,” Latham & Watkins Client Alert (November 9, 2015)
  • Co-author, “The Future of Meaningful Use: CMS’s Stage 3 EHR Incentive Program Proposed Rule,” Bloomberg BNA: Health IT Law & Industry Report (June 29, 2015)