Kierstan Schultz - Complex Commercial Disputes - Nixon Peabody LLP

Kierstan Schultz



Kierstan Schultz is a litigator and a member of Nixon Peabody’s Complex Commercial Disputes practice group. She represents health care providers, businesses and individuals, and manages discovery, motion practice and trials for complex commercial litigation matters. She also engages in social impact litigation and related pro bono services to effect social change and to improve the lives of individuals in need.

What do you focus on?

I represent clients in a variety of industries in all aspects of the adversarial process, in civil litigation in state and federal courts.

Health Care Litigation

My health care litigation practice focuses on advising hospitals, rehabilitation and long-term care providers, digital health entities, practice groups and individual practitioners in complex commercial and regulatory disputes, including HIPAA privacy and security laws and regulations, fraud and abuse laws, licensing, billing and reimbursement. Our team has successfully litigated against governmental entities on behalf of providers to vindicate reimbursement rights. I also concentrate on defending clients accused of professional misconduct and/or negligence. I represent individual providers in disciplinary proceedings before their respective licensing boards. I assist institutional providers in seeking appointment of guardians over the person and estate for incapacitated individuals in their care.

Complex Commercial Disputes

My commercial litigation practice focuses on representing financial institutions, corporate entities and individuals across the economic spectrum, as both plaintiffs and defendants, in disputes before state and federal courts and in alternative forums. Typically, these cases involve a wide range of business and financial problems, insurance coverage, unfair and deceptive trade practice, breach of contract, breach of fiduciary duty and probate-related issues. I have relevant jury and bench trial experience to draw upon, but am also well-prepared to handle complex settlement negotiations and all forms of alternative dispute resolution.

Education

I have defended private secondary schools and their faculty members against claims and in investigations arising from allegations of sexual misconduct, and I have gained similar experience with a set of international investigations into a nonprofit organization’s operation of schools abroad.

Impact Litigation and Pro Bono Services

I allocate a portion of my practice to impact litigation and other pro bono services. Litigation is a powerful tool to achieve substantive social and institutional changes. My work in these areas focuses on protecting the interests of abused or neglected children, as well as older adults and people with disabilities.

What do you see on the horizon?

In order to thrive and meet future challenges head on, health care organizations and providers must continue to evolve. The state and federal regulatory burden on all sectors of the health care industry is increasing. Many of these issues have become politicized and continue to garner significant media attention. Industry leaders will need to remain educated on the issues and potential penalties, and will need reliable access to practical options for pursuit of litigation and other dispute resolution strategies.

Government audit and enforcement regarding pandemic relief funds in 2022

New Hampshire Bar News | January 28, 2022

Boston Complex Commercial Disputes partner Morgan Nighan, Manchester Government Investigations & White-Collar Defense partner David Vicinanzo, and Manchester Complex Commercial Disputes associate Kierstan Schultz contributed this article related to healthcare providers that have received coronavirus relief funds, and what those organizations should be aware of as we enter the audit and enforcement phase of government relief programs.

Fund urged for sex abuse victims at youth detention center

Associated Press | January 20, 2022

This article covering New Hampshire’s proposed $100 million settlement fund related to claims of child sex abuse by former workers at a state-run youth detention center quotes Manchester partner and Government Investigations & White-Collar Defense leader David Vicinanzo, who is representing alleged victims in the case. The NP team also includes Complex Commercial Disputes partner Dan Deane and associates Kierstan Schultz and Nate Warecki, and GIWC partner Mark Knights and associate Michael Strauss, all of Manchester.

Settlement fund proposed for youth center sex abuse victims

Associated Press | January 18, 2022

This article covering New Hampshire’s proposed $100 million settlement fund related to claims of child sex abuse by former workers at a state-run youth detention center quotes Manchester partner and Government Investigations & White-Collar Defense leader David Vicinanzo, who is representing alleged victims in the case. The NP team also includes Complex Commercial Disputes partner Dan Deane and associates Kierstan Schultz and Nate Warecki, and GIWC partner Mark Knights and associate Michael Strauss, all of Manchester.

Lawsuit alleges DHHS fails to properly administer Medicaid waiver program

Granite State News Collaborative | December 04, 2021

This article covers a federal judge’s decision that a class-action lawsuit over the plaintiffs’ right to live independently instead of being placed in institutional care may proceed, quoting Manchester Complex Commercial Disputes associate Kierstan Schultz. In addition to Kierstan, the NP team working on the case includes Complex Commercial Disputes partner Daniel Deane, Government Investigations & White-Collar Defense partner Mark Knights, and paralegal Sharon Willier, all of the Manchester office.

Judge allows health care lawsuit vs state to proceed

New Hampshire Union Leader | November 29, 2021

This article, covering a federal judge’s ruling that a class-action lawsuit over the plaintiffs’ right to live independently instead of being placed in institutional care may proceed, quotes Manchester Complex Commercial Disputes associate Kierstan Schultz on the decision. In addition to Kierstan, the NP team working on the case includes Complex Commercial Disputes partner Daniel Deane, Government Investigations & White-Collar Defense partner Mark Knights, and paralegal Sharon Willier, all of the Manchester office.

Lawsuit Says Missing NH In-Home Care Leads to Nursing Home Stays

Inside Health Policy | January 19, 2021

This article covers a class action complaint filed against the New Hampshire Department of Health & Human Services for failing to properly administer its CFI Medicaid waiver program. NP—together with NH Legal Assistance, Disability Rights Center-NH, and the AARP Foundation—filed the lawsuit in federal court on behalf of older adults and persons with disabilities enrolled in the CFI program. The NP team includes Complex Commercial Disputes partner Dan Deane, associate Kierstan Schultz and paralegal Sharon Willier, and Government Investigations & White-Collar Defense partner Mark Knights, all of Manchester.

Lawsuit Seeks Stop to Unnecessary Placements in NH Nursing Homes

Concord Monitor | January 12, 2021

Manchester Complex Commercial Disputes associate Kierstan Schultz is quoted in this article covering a class action complaint filed against the New Hampshire Department of Health & Human Services for failing to properly administer its CFI Medicaid waiver program. NP—together with NH Legal Assistance, Disability Rights Center-NH, and the AARP Foundation—filed the lawsuit in federal court on behalf of older adults and persons with disabilities enrolled in the CFI program. In addition to Kierstan, the NP team includes Complex Commercial Disputes partner Dan Deane, paralegal Sharon Willier, and Government Investigations & White Collar Defense partner Mark Knights, all of Manchester.

Medicaid waiver enrollees put at risk of unnecessary nursing home placement, lawsuit claims

McKnight’s Senior Living | January 12, 2021

The following article covers a class action complaint filed against the New Hampshire Department of Health & Human Services for failing to properly administer its CFI Medicaid waiver program. NP—together with NH Legal Assistance, Disability Rights Center-NH, and the AARP Foundation—filed the lawsuit in federal court on behalf of older adults and persons with disabilities enrolled in the CFI program.

The NP team includes Complex Commercial Disputes partner Dan Deane, associate Kierstan Schultz and paralegal Sharon Willier, and Government Investigations & White Collar Defense partner Mark Knights, all of Manchester.

New Hampshire Sued over 'Unnecessary' Nursing Facility Placements

Reuters Legal | January 11, 2021

The following article covers a class action complaint filed against the New Hampshire Department of Health & Human Services for failing to properly administer its CFI Medicaid waiver program. NP—together with NH Legal Assistance, Disability Rights Center-NH, and the AARP Foundation—filed the lawsuit in federal court on behalf of older adults and persons with disabilities enrolled in the CFI program.

The NP team includes Complex Commercial Disputes partner Dan Deane, associate Kierstan Schultz and paralegal Sharon Willier, and Government Investigations & White Collar Defense partner Mark Knights, all of Manchester.

Lawsuit Alleges New Hampshire Is Failing to Administer Program for Seniors, People with Disabilities

New Hampshire Public Radio | January 11, 2021

The following article covers a class action complaint filed against the New Hampshire Department of Health & Human Services for failing to properly administer its CFI Medicaid waiver program. NP—together with NH Legal Assistance, Disability Rights Center-NH, and the AARP Foundation—filed the lawsuit in federal court on behalf of older adults and persons with disabilities enrolled in the CFI program.

The NP team includes Complex Commercial Disputes partner Dan Deane, associate Kierstan Schultz and paralegal Sharon Willier, and Government Investigations & White Collar Defense partner Mark Knights, all of Manchester.

Lawsuit: State Shirking Responsibility for At-Home Care Services

New Hampshire Union Leader | January 11, 2021

The following article covers a class action complaint filed against the New Hampshire Department of Health & Human Services for failing to properly administer its CFI Medicaid waiver program. NP—together with NH Legal Assistance, Disability Rights Center-NH, and the AARP Foundation—filed the lawsuit in federal court on behalf of older adults and persons with disabilities enrolled in the CFI program.

The NP team includes Complex Commercial Disputes partner Dan Deane, associate Kierstan Schultz and paralegal Sharon Willier, and Government Investigations & White Collar Defense partner Mark Knights, all of Manchester.

New Hampshire House to Hold Hybrid Public Hearings on Bills

The Associated Press | January 11, 2021

The following article covers a class action complaint filed against the New Hampshire Department of Health & Human Services for failing to properly administer its CFI Medicaid waiver program. NP—together with NH Legal Assistance, Disability Rights Center-NH, and the AARP Foundation—filed the lawsuit in federal court on behalf of older adults and persons with disabilities enrolled in the CFI program.

The NP team includes Complex Commercial Disputes partner Dan Deane, associate Kierstan Schultz and paralegal Sharon Willier, and Government Investigations & White Collar Defense partner Mark Knights, all of Manchester.

Aetna Blasts Conformis For Using Patient To Force Coverage

Law360 | July 24, 2020

Complex Commercial Disputes co-practice group leader and Boston partner Steve LaRose and Manchester associate Kierstan Schultz were mentioned in this article for representing Aetna in a suit regarding coverage for medical device manufacturer Conformis’ customized total knee implants.

Proposed rules aim to transform key federal laws restricting health care arrangements

New Hampshire Bar News | January 15, 2020

Manchester Complex Commercial Disputes associate Kierstan Schultz and Los Angeles Health Care associate Harsh Parikh co-wrote this contributed article analyzing two new rules proposed by the Department of Health and Human Services aimed at addressing perceived barriers to care coordination and value-based care in the health industry.

Contact

Kierstan Schultz

Counsel

Manchester

Phone: 603-628-4031


Cornell University Law School, J.D.

George Washington University, B.A., summa cum laude

New Hampshire

Massachusetts

New York

U.S. Court of Appeals, First Circuit

U.S. District Court, District of Massachusetts

U.S. District Court, District of New Hampshire

U.S. District Court, Southern District of New York

U.S. District Court, Eastern District of New York

  • Selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2022 in the field of Commercial Litigation
  • Received a 2021 Best Lawyers: Ones to Watch recognition for Commercial Litigation and Health Care Law
Back to top