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Biography
Roy W. Breitenbach is a
Partner/Director of Garfunkel Wild, P.C., which he
joined in 1994. He is a Co-Chair of the firm’s
Litigation and Arbitration Group, and a member of the Appellate Litigation,
Environmental Practice, and Personal Service and Estate
Planning Groups. His practice predominantly focuses on
representing health care providers, business entities,
and individuals involved in antitrust or other disputes
with competitors, “business divorces,” complex
commercial and real estate disputes, healthcare
reimbursement disputes, and will contests.
Mr. Breitenbach has
extensive commercial trial and arbitration experience.
Through the years he has tried (both jury and non-jury)
and arbitrated numerous matters involving antitrust,
restrictive covenant, exclusive contract, business
dissolution and liquidation, breach-of-contract,
breach-of-fiduciary duty, real estate, commercial,
medical staff privilege, civil rights, trusts and
estates, and bankruptcy issues. He also has written and
lectured to other lawyers extensively on trial practice,
evidence, and civil litigation issues.
Recent trials include
serving as lead defense counsel in a five-week New York
state court exclusive contract and unfair competition
lawsuit involving anesthesia services; serving as
defense counsel in a three-week federal antitrust jury
trial involving radiology benefit management services;
and serving as lead plaintiffs’ counsel, representing 15
hospitals in a New Jersey state court jury trial
involving complex managed care contracting issues. In
the late 1990s, Mr. Breitenbach was involved as lead
defense counsel in the first jury trial in the country
involving an allegation that a hospital failed to
provide communication services to a person who was deaf.
He also has argued appeals in the United States Court of
Appeals for the Second Circuit, the New York State Court
of Appeals, and the New York Appellate Division.
Prior to joining Garfunkel
Wild, P.C., he was an associate in the Litigation
Department at Kelley Drye & Warren, where his practice
focused on antitrust and complex commercial litigation.
While attending college and law school, Mr. Breitenbach
worked in the real estate title insurance field as a
title officer, claims examiner, and title searcher.
Mr. Breitenbach also is
involved in a number of community and religious
activities, including membership in the Sovereign
Military Order of Malta; the Knights of Columbus; the
Arthritis Foundation; and the Catholic Lawyers Guild. He
serves as the Cub Scoutmaster for Pack 178, Huntington,
New York, and is a baseball coach with the Huntington
Sports League.
Mr. Breitenbach received his
B.A. (summa cum laude) from St. John’s University
in 1988. While in college, he was a state championship
debater and competitive speaker. He received his J.D. (cum
laude) from St. John’s Law School in 1991, where he
served as an Editor of the St. John’s Law Review. Mr.
Breitenbach is admitted to practice law in the United
States Court of Appeals for the Second Circuit, the
United States District Courts for the Eastern, Southern,
Northern, and Western Districts of New York; as well as
all New York and Connecticut state courts. He practices
extensively with the United States Provider
Reimbursement Review Board and has been admitted to
practice pro hac vice in New Jersey state court
as well as federal courts located in Florida and
Kentucky. He is a member of the American Bar
Association, the New York State Bar Association, the
Connecticut Bar Association, the Nassau County Bar
Association, and the American Health Lawyers
Association.
Publications
"When a Provider Leaves: Ten Things Practices Can Do
to Protect Themselves," Journal of the American
College of Radiology (Volume 9, Number 1) January
2012
"Silent PPOs-What They Are
And How To Handle Them," Health Care Law Monthly,
August 2011
"Antitrust Developments
Offer Long-Awaited Guidance to Providers," New York
Law Journal, July 25, 2011
"Eight Things You Need to Know About Noncompetition
Covenants," Journal of the American College of
Radiology (Volume 8, Number 7) July 2011
"Managing the Fact Discovery
Tsunami", New York Law Journal, Litigation Section,
January 18, 2011
Physician Restrictive Covenants Enforced Somewhat
Reluctantly, Connecticut Law Tribune,
May 2007
Restrictive Covenants in Dental Practice Employment
Agreements, Queens County Dental Society Bulletin,
March/April 2007
The Basics of Restrictive Covenants,
Journal of the
American College of Radiology
(Volume 3, Number 10)
October 2006
GW Partners quoted on special liability risks
associated with obese patients,
Healthcare Risk
Management, May 2006
Presentations
"Corporate Practice of Medicine and Fee Splitting,"
the annual Academic Medical Centers program sponsored by
The American Health Lawyers Association (January 26,
2012) Washington, D.C.
"Hot Legal Issues in Provider-Health Plan Relations
- Winning the Battle," 35th Annual Institute sponsored
by The New Jersey Chapter of the Healthcare Financial
Management Association, The Borgata Hotel and Casino
Spa, (October 13, 2011) Atlantic City, NJ
What to Do When a Payor
Audits, Annual Meeting of the New England Chapter of the
American Academy of Orthotists and Prosthetists,
(October 3, 2011) Crowne
Plaza in Warwick, RI
Litigating to Win Through
Advanced Trial Advocacy, National Business Institute,
(February 11, 2011) Hilton Long Island, Melville, NY
Strategies to Protect Your Business, Long Island
Association
(March 12, 2009) Melville, NY
Trial Techniques for
Effective Litigation, National Business Institute
Seminar
(June 24, 2008) Melville, NY
Title Law in New York, National Business Institute
Seminar
(September 17, 2007) Plainview, NY
E-Discovery - Applying the New FRCP Changes, National
Business Institute Seminar
(July 24, 2007) Plainview, NY
How to Get Your Expert Testimony Admitted into Evidence,
National Business Institute (June 8, 2007) Garden City,
NY The Art of the Settlement National Business Institute
(April 24, 2007)
Non-Competes: Enforceable or Not?, Physicians and
Physician Organizations Law Institute (February 5-6,
2007) Las Vegas, NV
Conducting Depositions: Practical Strategies that Win
Cases, (January 31, 2007) Plainview, NY
Internet Strategies for Legal Professionals (August 18,
2006)
Honors
New York Super Lawyers - Metro Edition (2011) |
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