Nicole Liffrig Molife is counsel in the Washington, D.C. office of Latham & Watkins and a member of the Healthcare & Life Sciences Practice.

Nicole serves as regulatory counsel to venture capital and private equity clients and healthcare, technology, and life sciences companies on their strategic investments, collaborations, joint ventures, financings, securities offerings, and mergers and acquisitions. She leads regulatory diligence and risk assessments for acquisitions and investments. Nicole guides clients through complex regulatory issues and provides healthcare regulatory advice on transactions to a diverse set of early-stage companies, developers of innovative technologies, and commercial healthcare, technology, and life sciences clients throughout the industry, including:

  • Medical device, pharmaceutical, and biotechnology manufacturers
  • Laboratories and diagnostic companies
  • Virtual, remote monitoring, digital health, AI-enabled technology companies, and networks
  • Revenue cycle management and health IT/software companies
  • Practice management companies
  • Behavioral health companies, including autism providers
  • Durable medical equipment suppliers
  • Ambulatory surgical and urgent care centers
  • Palliative, hospice, home care, and home health companies
  • Industry trade associations and professional societies

She handles a range of healthcare regulatory matters, including fraud and abuse counseling, complex risk analyses, and internal reviews and investigations involving the Federal Anti-Kickback Statute, the False Claims Act, the Physician Payments Sunshine Act, the Stark Law, and Medicare and Medicaid reimbursement and enrollment regulations, requirements, and policies. 

She advises on healthcare regulatory and compliance considerations that clients in the healthcare, technology, and life sciences industry face in their market access and commercial strategies, sales and marketing activities, and commercial contracts and arrangements. These matters have included advising on product purchase, rebate and discount agreements, pharmacy benefit manager (PBM), health plan, group purchasing organization (GPO) and integrated delivery network (IDN) agreements,  pharmacy services and hub agreements, patient support, assistance and access programs, commercial and medical affairs activities, and interactions and agreements with key opinion leaders and licensed healthcare professionals. 

Prior to joining Latham, Nicole worked at another global law firm and had a secondment in the legal department of a major life sciences company.

Recent examples of Nicole's experience serving as regulatory counsel includes representation of:

  • Goldman Sachs Alternatives on their acquisition of Center for Social Dynamics and Xpress Wellness
  • Kohlberg Kravis Roberts & Co. L.P. (KKR) in its investment in SunFireMatrix and its acquisition of Envision for US$9.9 billion, PharMerica for US$1.4 billion, Covenant Surgical Partners, Heartland Dental, and PetVet
  • TPG Growth in its acquisition of K2 Medical Research
  • TPG Capital in its investment in Compass Surgical Partners
  • Concentra in its initial public offering
  • Ardent Health Services in its initial public offering 
  • The underwriters for BrightSpring Health Services’ IPO
  • Leonard, Green & Partners in its acquisition of ExamWorks Group for US$2.2 billion and in a majority stake investment in MDVIP
  • Sirona Dental Systems in its US$13 billion merger of equals with DENTSPLY
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: Reflections from 2024,” Latham & Watkins Client Alert (October 18, 2024)
  • Co-presenter, “Managing Regulatory Risk in Earnouts and other Deferred Pay-Outs in Health Care Transactions,” American Health Lawyers Association (AHLA) Health Care Transactions Conference (April 16, 2024)
  • 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,” 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-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, “Telehealth – The Newest Age of Health Care Delivery,” AHLA Representing Hospitals and Health Systems Handbook (2016)

Bar Qualification

  • District of Columbia

Education

  • BA in International Studies, University of St. Thomas
  • JD, University of Minnesota Law School