Litigation and Dispute Resolution

Victorious warriors win first and then go to war, while defeated warriors go to war first and then seek to win.
— Sun Tzu, The Art of War

Preparation, attentiveness and strategy is everything in dispute resolution, and this plays to our strengths as experienced litigators.

Whether through negotiation and mediation, or litigation and arbitration, we seek to proactively represent our clients in resolving their disputes as promptly, efficiently and pragmatically as possible.  Though not limited to health care related litigation, our familiarity and experience in that area makes us particularly well-suited for our health care clients’ disputes.

We represent our clients in Federal and State Court litigation and arbitration, concerning regulatory and reimbursement issues, as well as general commercial matters.  We also represent our clients in administrative proceedings as well as government audit and enforcement matters, including representation of clients in licensure, survey, reimbursement, regulatory and sanction proceedings before the New York State Department of Health, the New York State Office of the Medicaid Inspector General, the Office of Professional Medical Conduct, the United States Department of Health and Human Services, and the New York State Office of the Attorney General’s Medicaid Fraud Control Unit.

Some recent representative matters include the following:

Represented client in successfully resolving complex disputes arising out of a contract for the acquisition of a group of nursing homes.  The disputes related to responsibility among the parties for certain liabilities, including ERISA withdrawal liability; successfully resolved one dispute through alternative dispute resolution mediation, and the other through arbitration before the American Arbitration panel.

Represented client in successfully settling complex reimbursement audit disputes with the New York State Office of Medicaid Inspector General and the Medicaid program.

Acted as special counsel to bankruptcy counsel, assisting on health care regulatory issues.