Mr. Cotter is a shareholder of Ray Quinney & Nebeker and the former Chair of its Corporate and Securities Section (2008-2017). Mr. Cotter practices business, corporate, securities, intellectual property and health care transactional law. Although Mr. Cotter represents clients in, and draws his experience from, a wide range of industries, a substantial portion of his practice involves two particular industry groups: (1) technology and life sciences businesses and (2) health care providers and suppliers, including physicians, hospitals, and ancillary services providers.
Mr. Cotter has advised both entrepreneurs and business entities in all aspects of business formation, growth and development, including corporate structuring, private placements, Rule 144A “public offerings,” venture capital financing (both issuer and investor representation), fund formation and SEC compliance, stock options and key employee equity incentive arrangements, mergers, acquisitions and divestitures, intellectual property licenses (e.g., software, database, patent, trade secret and hybrid licenses, including with respect to intellectual property rights under FAR and DFARS), cooperative development arrangements and related matters. Relative to federal and state procurement matters (e.g., DOD, DOE and DARPA procurements, SBIR funded research programs), Mr. Cotter has substantial experience relative to contractual, equity and hybrid joint ventures (e.g., teaming agreements, unpopulated equity joint venture entities, cross-licensing arrangements), bid planning and submissions, bid protests, restricted software identification/legends and termination for convenience/cardinal change disputes.
Mr. Cotter’s health law practice focuses on physician joint ventures, including physician-hospital joint ventures, mergers and acquisitions and health care fraud and abuse compliance (e.g., Stark Law and Anti-Kickback Statute compliance) and, more particularly, matters related to the formation, development and operation of physician-owned ambulatory surgery centers, imaging facilities, independent diagnostic test facilities, durable medical equipment suppliers, independent physician associations and other health care providers and suppliers.
Mr. Cotter maintains an AV Preeminent (5.0) rating with Martindale-Hubbell, which is the highest rating awarded to attorneys for professional competence and ethics. He has been included on the list of The Best Lawyers in America© 2021 in Corporate Law and has also been voted by his peers throughout the state as one of Utah’s “Legal Elite,” as published in Utah Business Magazine (2007-10, 2013-14).
University of Florida, J.D., 1991
University of Florida, B.S., Accounting, 1988
Admitted to Practice -
Utah State Bar
Florida State Bar