Representative Experience

Litigation

• Obtained multi-million dollar federal court judgment following arbitration on behalf of academic medical center for breach of consulting contract involving Medicaid upper payment limit program.
• Successfully represented three physicians in connection with a multi-million dollar dispute over equity interests in a radiation oncology company resulting in a multimillion dollar settlement for each of the three physicians.
• Obtained multi-million dollar judgment after jury trial in action challenging fraudulent transfers and conveyances.
• Obtained jury verdict in federal court action on behalf of whistleblower alleging retaliation under False Claims Act for cooperation with Governmental investigation.
• Successfully represented an Oregon community hospital in obtaining a pre-litigation settlement of managed care claims in excess of $1 Million against a publicly-traded health insurer.
• Obtained a multi-million dollar settlement in an arbitration proceeding brought by a Chicago not-for-profit health system against a publicly-traded managed care company.
• Obtained Dismissal with Prejudice of a Medicare Secondary Payor whistleblower lawsuit in Federal Court in Arkansas.
• Successful defense of licensure revocation hearings for assisted living facilities of publicly-traded company.
• Obtained a favorable settlement for the pharmacy operations of a publicly-traded company for investigation of billing practices in Georgia.
• Successful representation on appeal of hospital system in connection with physician's challenge to hospital governing board's ability to make final decision in credentialing disputes.
• Successful representation of major not-for-profit hospital system in Georgia in connection with claims and dispute against major, publicly-traded managed care company resulting in a multimillion dollar settlement in favor of the hospital system.
• Successful representation of cardiologist in False Claims Act suit filed in federal court in Georgia.
• Successful representation of specialty orthopedic physician practice in connection with dispute and claims against single specialty practice management company involving long-term management agreement.
• Successful resolution of qui tam action against hospital and physicians alleging violation of False Claims Act relating to various supervision and compensation relationships.

Certificate of Need

• Represent eight-hospital not-for-profit health system in numerous Certificate of Need matters, including new hospital, radiation therapy, ambulatory surgical, neonatal intensive care and multiple other matters.
• Successful representation of academic medical center in connection with obtaining a Certificate of Need for a new 100 bed hospital in Columbia County over the opposition of two competing healthcare systems.
• Successful representation of not-for-profit hospital in obtaining a Certificate of Need for obstetrical services over opposition of large healthcare system.
• Successful representation of publicly-traded entity providing inpatient rehabilitation services for Certificate of Need for new hospital, reversing desk level agency decision.
• Successfully represented a faculty practice plan of academic medical center in connection with its application for a Certificate of Need for ASC over the opposition of various existing providers.
• Successfully represented a national behavioral company in obtaining a Certificate of Need and defending on appeal a unique senior psychiatric program to be operated as a hospital within a hospital.
• Successful opposition to Certificate of Need for open heart surgical services after evidentiary hearing and appeal.

Regulatory/Transactional

• Advised large not for profit system on sale of hospital and related assets, including advice on various regulatory matters uncovered during transaction process.  
• Represented faculty practice plan in connection with restructuring of major academic medical center.
• Representation of major not-for-profit health care system in connection with acquisition of four cardiology practices and establishment of Heart Center of Excellence.
• Represented 150 member physician group in connection with unwind and termination of long term practice management agreement with publicly-traded practice management company.
• Representation of major not-for-profit healthcare system in connection with acquisition of assets and equity interests in prominent radiation therapy centers.
• Unwind of 60 physician multi-specialty group from long-term management contract with practice management company and repurchase of assets.
• Representation of integrated healthcare system in employment of physicians in large multi-specialty group.
• Representation of integrated healthcare system in acquisition of interests in highly specialized hospital based practice.