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I'm a 2023 Nixon Peabody Pro Bono Champion.Read more about our Pro Bono program
Kierstan Schultz is a litigator and a member of Nixon Peabody’s Complex Commercial Disputes practice group. She represents healthcare 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.
I represent clients in a variety of industries in all aspects of the adversarial process, in civil litigation in state and federal courts.
My healthcare 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.
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.
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.
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.
In order to thrive and meet future challenges head on, healthcare organizations and providers must continue to evolve. The state and federal regulatory burden on all sectors of the healthcare 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.
This article, focusing on roughly 600 New Hampshire residents at risk of losing at-home care in July if the state doesn’t increase its Medicaid-funded Choices for Independence (CFI) payments to providers, refers to a pending CFI federal lawsuit filed against the state Department of Health and Human Services by NP, New Hampshire Legal Assistance, Disability Rights Center – New Hampshire, and the AARP Foundation. The NP team involved in the case is led by Manchester Complex Disputes counsel Kierstan Schultz and includes Government Investigations & White-Collar Defense partner Mark Knights and Cybersecurity & Privacy partner Dan Deane, both of Manchester, and Complex Disputes associates Scott Dinner of Washington, DC and Tammy Nguyen of Chicago.
Boston partner Morgan Nighan, Manchester counsel Kiersten Schultz and Manchester associate Erin Bucksbaum, all of the Complex Disputes practice, contributed this article discussing the U.S. Supreme Court denying certiorari of the Ninth Circuit Court of Appeals opinion issued in Saldana v. Glenhaven Healthcare LLC, which found no federal jurisdiction over state-law claims in which the defendant nursing home raised a defense under the Public Readiness and Emergency Preparedness (PREP) Act.
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.
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.
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.
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.
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
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
Cornell University Law School, J.D.
George Washington University, B.A., summa cum laude
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