Healthcare Litigation

Representative Matters

• Representing targets and key witnesses in federal and state healthcare fraud and Medicaid fraud investigations, including matters involving potential exposure exceeding $14 million, restitution risk, and incarceration, before New Jersey and New York authorities and the U.S. Attorney’s Office for the Eastern District of New York.
• Representing a clinical director subpoenaed by the New Jersey State Commission of Investigation in a wide-ranging inquiry into addiction treatment facilities involving alleged improper referrals, ownership structures, and quality-of-care concerns, with potential industry-wide reimbursement implications in the hundreds of millions of dollars.
• Representing a physician practice owner in a seven-figure action for diversion of assets against a practice management company, seeking recovery of misappropriated funds and restoration of operational control.
• Represented an unlicensed owner of a licensed clinical social worker practice in a state fraud and abuse investigation with potential seven-figure reimbursement exposure and possible criminal referral.  
• Representation of a major healthcare system in litigation brought by a former physician alleging wrongful termination of privileges and antitrust and Lanham Act violations, resolving the matter through a favorable settlement.
• Represented a New Jersey healthcare system in defense of antitrust and tort claims brought by a pediatric surgeon following revocation of privileges, securing a negotiated resolution.  
• Represented a New Jersey healthcare system in defense of fraud, breach of contract, age discrimination, and CEPA retaliation claims brought by three physicians and their surgical group seeking more than $9 million.
• Represented a New Jersey healthcare system and its Chair of Surgery in litigation brought by a trauma surgeon challenging a summary suspension of medical staff privileges. Following reinstatement through internal proceedings, the firm continued to defend the client in this $2.4 million action, which settled before trial. 
• The firm was a member of a unified four-firm team defending a physician shareholder and corporate officer of a neurology practice in $1.1 million creditor litigation alleging breach of contract and fraudulent conveyance against the practice and four individual physicians. The legal team secured dismissal without prejudice of all claims against the individual physicians; litigation remains ongoing against the practice, with continued efforts to reassert claims against the physicians.
• Represented a physician-shareholder and corporate officer in creditor litigation seeking more than $1.1 million and asserting fraudulent conveyance claims, coordinating a joint defense group and securing dismissal of all claims against individual defendants.  
• Advising a New Jersey-based ABA therapy organization in responding to a New Jersey MFD audit. This matter includes counseling the client on the MFD interview process, assisting in providing relevant documentation responsive to the audit, and advising the client on compliance with follow-up requests from the MFD in anticipation of an eventual resolution of the audit, including any repayment demands.
• Represented the co-founder, President, CEO, and 50% shareholder of a prominent emergency physician group in litigation against the other 50% owner seeking injunctive relief, oppressed shareholder remedies, and damages for fraud, breach of fiduciary duty, breach of loyalty, and mismanagement.
• Secured dismissal, following jurisdictional discovery, of two corporate owners of a nursing home in litigation alleging violations of the New Jersey Nursing Home and Rights of Residents Act, negligence, gross negligence, and wrongful death.
• Representing a physician in an ongoing investigation by the U.S. Attorney’s Office for the Eastern District of New York concerning alleged Medicaid fraud related to billing for non-medically necessary testing.  
• Represented a coalition of New Jersey hospitals in a $300 million constitutional challenge to the State of New Jersey’s charity care and Medicaid reimbursement regime, defending the hospitals’ takings claims through summary judgment, Appellate Division review, and New Jersey Supreme Court proceedings, resulting in published decisions affirming dismissal of the claims. The hospitals filed a petition for certiorari with the Supreme Court of the United States, which was denied. 
• Representing two New Jersey health systems in high-stakes litigation against multiple Medicare Advantage plans seeking recovery of approximately $5 million in underpaid 340B drug reimbursements, following a U.S. Supreme Court decision invalidating the Center for Medicare and Medicaid Services’ reimbursement reductions; matters are proceeding toward mediation and arbitration.
• Resolved a seven-figure contract dispute on behalf of a pharmaceutical manufacturer involving alleged marketing and development obligations tied to a new prescription drug, avoiding protracted litigation and business disruption.

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