Garfunkel Wild’s Litigation and Alternative Dispute Resolution Group provides decades of experience, deep knowledge of the health care industry, and a winning track record in federal and state courts, agencies, and arbitration forums. Our team of seasoned litigators includes former federal and state prosecutors. We vigorously but professionally represent our clients in all stages of a case, from initial evaluation through trial and appeals. Unlike other firms that may need to retain co-counsel or outside experts, our litigators have full access to Garfunkel Wild’s deep bench of lawyers with expertise in all areas of health care.
Victory in litigation is satisfying but may not be the most cost-efficient and practical goal. We counsel our clients to help them minimize risk and position themselves to achieve the best results in bringing or defending claims. We also assist our clients in settling disputes through negotiation and mediation.
Our Litigation and Alternative Dispute Resolution Practice Group represents Health Systems, Hospitals, Medical Schools, Ambulatory Surgery Centers, Federally Qualified Health Centers, Regional Health Information Organizations, Physician Group Practices, Individual Physicians, and many other entities in the health care industry in the following areas:
Commercial Litigation
Employment Law
Breach of Contract
Defamation
Third Party Payer/Managed Care Disputes
Whistleblower Claims
Medical Staff and Credentialing Matters
Professional Licensing
Restrictive Covenants
Disability and Civil Rights Litigation
Antitrust
Environmental Litigation
Partnership Disputes
Practice Breakups/Dissolution
Insurance Coverage Disputes
Construction Litigation
Trust and Estates Disputes
Internal Investigations
False Claims/Qui Tam Suits
State and Federal Administrative Hearings
Regulatory Disputes
Graduate Medical Education Disciplinary Hearings
Public Health and Vaccine Related Litigation
and many others
Our litigators understand the needs and perspectives of executives, business owners, physicians, providers, and in-house counsel, and stand ready to assist our clients through a team-centered approach.
Garfunkel’s Compliance Webinar Series rolls on with an examination of the 2024 Work Plan published by the New York State Office of Medicaid Inspector General (OMIG).
On Tuesday, April 23, 2024, the Federal Trade Commission (FTC) promulgated a final rule banning most non-compete agreements, in any industry, and is set to become effective 120 days after its publication in the Federal Register (the “Final Rule”).
On April 16, 2024, the Supreme Court of New Jersey issued its decision in Comprehensive Neurosurgical, P.C. v. The Valley Hospital. In an over 60-page unanimous opinion, the Court vacated a 23.4 million dollar award against Valley Hospital.
The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (24-02) permitting a non-profit organization (Non-Profit) to provide financial support to eligible patients with specific rare diseases through assistance programs (Programs) it operates.
The United States Department of Health and Human Services (HHS), Office of Inspector General (OIG) recently posted a new educational resource on its website about Single Audits. HHS is the largest grant-making agency in the Federal government, and OIG’s new resource is designed to help key stakeholders understand the scope of Single Audits, as well as improve the overall quality of such audits.
The New York State Office of the Medicaid Inspector General (OMIG) recently updated its Self-Disclosure Guidance and Frequently Asked Questions (collectively, “Updates”). These Updates give participating providers and entities additional insight into how to report overpayments involving unresponsive Medicaid Managed Care Organizations (MMCOs) or multiple entities, as well as those that are untimely, have adjusted or voided claims, or lost or damaged records.
The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (23-11) that allows a medical device manufacturer (Manufacturer) to subsidize Medicare cost-sharing obligations as part of a U.S. Food & Drug Administration (FDA)-approved clinical study involving a Category B Investigational Device Exemption.
The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (23-12) that allows a limited liability partnership (the Partnership) consisting of two classes of physician partners to make a one-time, voluntary redemption offer (offer) to individual partners when they reach age 67.
The New York State Office of the Medicaid Inspector General (OMIG) released its 2024 work plan in furtherance of its mission to coordinate and conduct activities to prevent, detect and investigate medical assistance program fraud, waste and abuse, and to recover improperly expended Medicaid funds.
Continuing its year-end reporting blitz, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) released its Semiannual Report (SAR) to Congress on December 1, 2023.
This week, the United States Department of Justice (DOJ) and the United States Department of Health and Human Services (HHS) fulfilled its annual statutory obligation by releasing its jointly-authored Health Care Fraud and Abuse Control Program (HCFAC) Report for Fiscal Year 2022.
Join Andrew L. Zwerling and Salvatore Puccio as they walk you through common oversights and provide practical guidance to help streamline your termination process, including the “dos and don’ts” you will want to follow once you decide to proceed with the termination.
The OIG fulfilled its annual statutory obligation by releasing its Top Management and Performance Challenges (TMC) document. Providers should take note because the document provides important insight into the specific areas over which HHS (and the OIG) will remain focused.
On November 6, 2023, the OIG released its General Compliance Program Guidance, the first in a series of new, non-binding reference guides designed to share information with health care compliance professionals and other health care industry stakeholders
Garfunkel Wild's Salvatore Puccio will present at Ambulatory Surgery Center Association’s ASCA 2023, May 17-20, 2023. He will present the panel “Medical and Legal Marijuana.”
Garfunkel Wild's Michael Keane will present at the Healthcare Financial Management Association (HFMA) Metro New York Chapter’s Annual Revenue Cycle Academy, on April 27, 2023.
In this article published in the New York State Bar Associations Health Law Journal (2023 - Vol. 28 - No. 1), Dayna B. Tann and Marc A. Sittenreichprovide summaries of the court’s decision and are intended to give an overview of important judicial decisions in the areas of law which affect our clients.
On December 7, 2022, President Biden signed the Speak Out Act into law (the “Act”). The Act voids the enforceability of any predispute non-disclosure or non-disparagement clause that has the effect of prohibiting employees from talking about potential future instances of sexual harassment/assault in the workplace.
Garfunkel Wild’s Jeff Adest and Sandra Jensen will present the webinar “FTCA Deeming: What Do I Need To Do In Order To Submit The Application” on March 16, 2021.
Garfunkel Wild’s Jeff Adest and Sandra Jensen will present the webinar “FTCA Deeming: What Do I Need To Do In Order To Submit The Application?” on June 9, 2020.
Garfunkel Wild’s Jeff Adest and Sandra Jensen will present the webinar “FTCA Deeming: What Do I Need To Do In Order To Submit The Application” on March 31, 2020.
John G. Martin and Robert A. Del Giorno will present at the Nassau County Bar Association’s CLE – Recent Trends in Health Care Fraud Investigations on September 17, 2019.
Partner/Director Leonard M. Rosenberg, had his article “In the New York State Courts,” published in the Winter 2018 (Volume 23, Number 3) issue of the New York State Bar Association’s Health Law Journal.
Garfunkel Wild achieved dismissal of a federal court discrimination suit filed by a cardiologist who was denied privileges to perform advanced electrophysiology procedures at South Shore University Hospital due to lack of experience.
Garfunkel Wild won a precedent-setting decision for its client and all Catholic-based health care facilities when it successfully defeated a challenge to the use of the Ethical and Religious Directives for Catholic Health Care Services ("ERDs").
Garfunkel Wild, P.C. is pleased to announce the opening of an office in Washington, D.C., and to welcome two D.C.-based partners, David Morrissy and David Traskey, to co-head the expansion. The D.C. location marks the firm's sixth office in the United States and the second opened in the past two years.
After more than 10 years of highly contentious litigation, Garfunkel Wild won summary judgment dismissal in the trial court, and prevailed against the surgeon’s appeal.
Garfunkel Wild, P.C. won a significant and precedent-setting victory for its client, and other Catholic-affiliated hospitals across the country, in a case that challenged the use of the Ethical and Religious Directives for Catholic Health Care Services (“ERDs”) in Catholic-affiliated hospitals.
Garfunkel Wild secured a significant victory in obtaining dismissal of a multi-million dollar suit based on its filing of a report with the National Practitioner Data Bank that a physician resigned while under investigation.