Aug 19, 2021
Sean Fennelly’s health industry clients know they can rely on him when it comes to joint ventures and M&A. National healthcare service providers and other healthcare entities turn to Sean for help with acquisitions, dispositions, and creating joint ventures. His driven, client-centered approach enables those he represents to close deals creating lasting value.
Sean has represented clients in more than one hundred acquisitions, joint ventures and divestitures over the last decade, with a particular focus on matters involving consolidation in the healthcare industry. Over the last five years, Sean has closed just under 60 transactions with a combined market value of almost $500M in more than twenty States. Among his key clients are a national dialysis services provider and the largest physician-led and physician-owned radiology practice in the United States.
With an MBA, Sean brings focus and deep industry understanding to each client matter. The nature of the transactions Sean works on requires extensive knowledge in not just deal negotiations and corporate matters, but also healthcare regulatory matters, corporate and tax matters, licensure and due diligence. His work often covers not only the drafting and negotiation of the primary transaction documents (asset purchase and/or stock purchase agreements), but also all work on ancillary deal agreements. These often include professional services agreements, employment agreements, management or transition services agreements, joint venture and holdco operating agreements, medical director agreements, real estate leases and representation and warranty insurance.
Sean is devoted to seeing client deals through to closing, staying intimately involved in all aspects of the deal. He is committed to having a full understanding of the moving pieces and issues that arise during the diligence and negotiation process. His experience and diligence help his clients rapidly complete and close transactions and identify new opportunities. With a responsive and thorough style of communication and the ability to internalize the business needs of clients, Sean is uniquely positioned to help health industry businesses realize their objectives.
Prior to joining Parker Hudson, Sean was honored to have the opportunity to serve as a law clerk for the Honorable J.L. Edmondson, a Circuit Court Judge on the United States Court of Appeals for the Eleventh Circuit. Sean also served as an Infantry Officer with the United States Army’s First Cavalry Division, rising to the rank of Captain and successfully completing the United States Army Ranger School and Airborne School.
- Represented client in acquisition of a radiology practice in the midwestern United States involving a complicated corporate reorganization, corporate practice of medicine issues, non-competition issues, representation and warranty insurance provisions, earnout and holdback provisions, and rollover equity vesting and forfeiture issues, as well as the normal negotiation of the transaction documents, due diligence review and healthcare compliance review.
- Represented client in ten center partial acquisition/partial divestiture transaction involving a regional health system in the midwestern United States. The transaction involved the drafting and negotiation of, among others, the contribution and purchase agreement, the operating agreement, the management services agreement, medical director agreement and laboratory services agreement.
- Represented client in acquisition of a nursing home operating company in the southeastern United States. The transaction involved the negotiation of the purchase agreement, operations transfer agreement and loan documents as well as the review and revision of the title commitment, survey and deed for the related real estate transfer.
- Presented on the topic of "Physician-Hospital Integration" and discussed recent trends and structures with attending medical school residents and hospital executives as part of the Georgia Alliance of Community Hospitals' Physician Recruitment Fair at Lake Lanier Islands on August 23-24, 2013
- Author: "Delaware Supreme Court Clarifies Revlon Duties," Corporate Governance Update, American Health Lawyers Association, May 1, 2009
- Author: "Overview of Recent Amendments to the Delaware State Corporate Code," Corporate Governance Update, American Health Lawyers Association, July 8, 2009
- Corporate & Business Transactions
- Corporate Governance
- Healthcare Transactions
- Mergers & Acquisitions; Joint Ventures & Strategic Alliances
- Wake Forest University - Babcock School of Graduate Management, (M.B.A., with distinction)
- Wake Forest University - School of Law (JD, magna cum laude, 1999) Order of the Coif, Managing Editor, Wake Forest Law Review, Carswell and Law Faculty Scholarships
- United States Military Academy (B.S., 1991)
- Recognized by The Best Lawyers in America© for Health Care Law (2021-2022)
- Practice group leader for the firm’s Healthcare practice
- American Bar Association
- Georgia Academy of Healthcare Attorneys
- American Health Lawyers Association
- Past President and Board Member, West Point Society of Atlanta (2008-present)
- Co-Chair, Marist Annual Fund (2016-2018)
- Former Board Member, Marist Booster Club
- Member, Christ the King School Parent Advisory Board (2009-2012)
- Scoutmaster, Troop 74, Cathedral of St. Philip (2018-2020)
- Cubmaster and Den Leader, Cub Scout Pack 165, Cathedral of Christ the King (2010-2018)
- Member, American Legion Post 140, Chastain Park (2009-present)
- Student Advisor, Georgia State University College of Law Business Law Capstone Course (2011-2015)
- Member, Wake Forest University Law Board of Visitors (2015-present)
- Member, University of Georgia Parent Leadership Council (2019-present)
- Former Dean and Counselor, Florida American Legion Boys State Program
- Prior Member of Senatorial and Congressional Service Academy Nominating Committees
- The Honorable J.L. Edmondson, United States Court of Appeals for the Eleventh Circuit