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Biography
Andrew L. Zwerling is a Partner/Director at
Garfunkel Wild, P.C., which he joined in 2003. He is a
Co-Chair of the firm's Appellate Practice Group; a
member of the firm’s Litigation and Arbitration Practice
Group, which advises clients on all aspects of federal
and state trial matters, and arbitrations and
administrative agency matters; and a member of the
firm's Compliance and White Collar Defense Practice
group.
Mr. Zwerling has nearly 30 years as a trial and
appellate lawyer, in both state and federal courts,
specializing in health care law and commercial
litigation, and having worked on litigations valued as
much as over $120 million. Mr. Zwerling is active as an
arbitrator and a mediator, serving as an arbitrator for
the American Health Lawyers Association and the American
Arbitration Association and a mediator
in the New York State Supreme Court, Nassau County ADR
Program and the New York State Supreme Court, Queens
County Commercial Division ADR Program.
Mr. Zwerling’s experience encompasses the following
representative areas: health care, including managed
care reimbursement, medical staff hearings and Office of
Professional Misconduct proceedings; general commercial;
insurance coverage and “bad faith” declaratory judgment;
employment law; criminal law; RICO and False Claims Act;
break-up/dissolution of business entities and medical
practice groups, including restrictive covenants and
non-solicitation; discharge planning and issues
concerning behavioral health units, including retention
and treatment over objection; and malpractice and
general insurance liability defense.
Mr. Zwerling has particular expertise in appellate
advocacy. He successfully briefed and argued the case of
Portuondo v. Agard before the United States
Supreme Court, a case that led to his being profiled in
local legal publications. He has also handled hundreds
of appeals before New York’s appellate courts, both
State and Federal.
A prolific legal writer, Mr. Zwerling has dozens of
publications covering a range of subjects from health
care to litigation to medical malpractice to criminal
law. As a lecturer, he has conducted in-service
presentations for Risk Management Departments of local
New York hospitals tailored to the specific needs of
each facility’s respective medical departments. He has
also lectured to insurance groups on many subjects,
including premises liability and automobile coverage,
and lectured on the False Claims Act as it affects long
term care facilities.
Prior to joining the firm, Mr. Zwerling spent 17 years
as a prosecutor, serving as an Executive Assistant
District Attorney with the Queens County District
Attorney’s Office ("Queens D.A."), where he prosecuted
numerous high-profile felony cases. He also served as
the Equal Employment Opportunity Officer for the Queens
D.A., having drafted that office’s E.E.O. and Sexual
Harassment policies and handled sensitive internal
sexual harassment investigations; managed a staff of up
to 150; and created a litigation training program for
the Queens D.A.'s 300 attorneys, which led to the
accreditation of the office as a Continuing Legal
Education Provider.
Following that lengthy period of public service, Mr.
Zwerling was a partner at a New York City medical
malpractice and general insurance liability defense
firm. His aggressive litigation strategies led to the
savings of millions of dollars for insurance carriers.
Publications
To Disclose or Not to Disclose, That Is the
Question: Issues to Consider Before Responding to a
Subpoena, Journal of the American College of Radiology,
Vol. 9, No. 4, April 2012
When Medical Practices Meet Restrictive Covenants,
New York Law Journal,
January 17, 2012
Protecting Whistleblowers
Parsing the Terms of Labor Law §741, New York Law
Journal (Health Care Law Section), November 2, 2009
Piercing the Corporate Veil: The Threshold Criteria,
Journal of the American College of Radiology, August
2008
The 10 Commandments of Appellate Brief Writing, New York
Law Journal, October 2007
Restrictive Covenants in Dental Practice Employment
Agreements, Queens County Dental Society Bulletin,
March/April 2007
Picking up the Fumble: Cases deemed abandoned and
dismissed under CPLR 3404 have hope of being restored,
New York Law Journal, October 2006
Performing a Test in an Office Setting Without an Order,
Journal of the American College of Radiology, Volume 3,
Number 8, August 2006
Malpractice: Establishing Existence of Attorney-Client
Relationship, New York Law Journal, August 2006
Defending Claims Brought Under Labor Law
§740, New York
Law Journal, June 2006
New York's Whistleblower Law: Labor Law §740, New York
Law Journal, May 2006
Appellate Practice: Handling Cases Before the U.S.
Supreme Court, New York Law Journal, February 2006
Public Health Law § 2801-d And The Nursing Home Crisis:
The Propriety Of Invoking The Statute In Routine
Negligence Cases, NYSBA Health Law Journal, December
2005 / Winter 2006
Charity Care Litigation: An Update New York Law Journal,
July 21, 2005, p.4, c.4.
Medical Malpractice and Informed Consent
Claims, New York
Law Journal,
March 6, 2003, p.4, c.1.
Inmate Lawsuits and the Exhaustion of Administrative
Remedies, New York Law Journal, July 24, 2002, p.4, c.1.
Proving Reasonable Care and Causation, New York Law
Journal, May 15, 2001, p.1, c.1.
Seeking Summary Judgment In Medical Malpractice, New York
Law Journal,
January 19, 2001, p.1, c.1.
Analyzing a Physician's Duty of Care, New York Law
Journal, August 21, 2000, p.1, c.1.
Addressing Indifference to Inmates' Medical Needs, New
York Law Journal,
July 11, 2000, p.1, c.1.
Voluntariness of Confessions and Admissions Search and
Seizure, Law Report, November, 1986
Government Defenses to Allegations of Tainted Evidence
Search and Seizure, Law Report, May-June, 1985
Establishing Probable Cause in Drug Cases Search and
Seizure, Law Report, May 1984
Presentations
Preemptively Avoiding and Defending Litigation Based
on Allegations of False Claims Act or Consumer Fraud
Violations, the American Conference Institute - April 5,
2011
(Panel Member)
Restrictive Covenants in Dental Practice Employment
Agreements, Queens County Dental Society - May 1, 2007
Honors
Long Island Business News - Who's Who in Litigation Law
(December 2008)
Long Island Business News - Who's Who in Litigation Law
(October 2007) |
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