Kierstan Schultz

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.

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.