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Introduction
Kierstan Schultz, a steadfast advocate and litigator, is a member of Nixon Peabody’s Complex Commercial Disputes practice group and NP Trial® team. She draws on more than a decade of courtroom and litigation experience to help healthcare providers, academic institutions, businesses, and individuals resolve disputes. She manages administrative appeals, alternative dispute resolution proceedings, discovery, motion practice, and trials for complex commercial matters. She also engages in social impact litigation and related pro bono services to effect social change and improve the lives of individuals in need.
My focus
I work with clients to develop customized legal strategies that align with their priorities and achieve positive impacts through tenacious advocacy. I represent clients in a variety of industries in all aspects of the adversarial process, in civil litigation in state and federal courts, before administrative agencies, and in alternative dispute resolution forums. I also assist healthcare and other institutional clients with anticipating and navigating regulatory complexities.
Healthcare Litigation, Regulatory, & Compliance
My healthcare 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, professional liability, licensing, billing, and reimbursement. Our team has successfully litigated against governmental entities and health plans on behalf of hospitals and provider groups to vindicate reimbursement rights. I also concentrate on defending clients accused of professional misconduct and/or negligence. I represent facilities and provider organizations in administrative challenges and appeals, and 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 Litigation & Dispute Resolution
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, and am also well-prepared to handle complex settlement negotiations and all forms of alternative dispute resolution.
Academic Institutions
I advise and defend academic institutions and their faculty members on various matters, including shielding them against claims from the shift toward hybrid instruction, and in investigations arising from allegations of sexual misconduct. 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 for achieving 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.
Looking ahead
As the healthcare space continues to evolve in response to pressures to meet consumer demands, achieve efficiencies, and deliver returns to investors, significant opportunities are emerging. These include issues related to compliance and reimbursement, as well as integration of technology into administration and delivery of health services. At the same time, recent court rulings demonstrate that regulatory actions by government agencies may no longer be entitled to traditionally high levels of judicial deference. Organizations may choose to avail themselves of powerful tools to challenge unfavorable administrative rules, policies, and procedures.
In the news
- Bloomberg Law
Dallas-area hospital sues U.S. for COVID-19 care reimbursement
Aug 11, 2023This article mentions NP for representing Dallas-area hospital Sana Healthcare Carrollton in its lawsuit alleging the U.S. government refused to reimburse it for COVID-19-related claims made during a technical glitch on the Department of Health and Human Services payment portal. The NP team involved in the case includes Los Angeles Healthcare partner Harsh Parikh, Boston Complex Disputes partner Morgan Nighan, and Complex Disputes counsel Kierstan Schultz and Eric Ferrante, of Manchester and Rochester, respectively.
- McKnight’s Long-Term Care News
Life Care Centers vindicated in early COVID wrongful death case
May 23, 2023Manchester Complex Disputes counsel Kierstan Schultz provides third-party commentary in this article on a federal jury finding a Washington state nursing home—the site of the first major COVID-19 outbreak in the US—not liable for the deaths of two residents early in the pandemic.
- New Hampshire Bulletin
‘We’re teetering on the edge.’ Are Medicaid rates making it harder to age at home?
March 22, 2023This 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.
- New Hampshire Bar News
SCOTUS rejects nursing home PREP Act immunity case
Jan 18, 2023Boston 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.
- New Hampshire Bar News
Government audit and enforcement regarding pandemic relief funds in 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.Jan 28, 2022 - Associated Press
Fund urged for sex abuse victims at youth detention center
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.Jan 20, 2022 - Associated Press
Settlement fund proposed for youth center sex abuse victims
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.Jan 18, 2022 - Granite State News Collaborative
Lawsuit alleges DHHS fails to properly administer Medicaid waiver program
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.Dec 4, 2021 - New Hampshire Union Leader
Judge allows health care lawsuit vs state to proceed
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.Nov 29, 2021 - Inside Health Policy
Lawsuit Says Missing NH In-Home Care Leads to Nursing Home Stays
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.Jan 19, 2021 - Concord Monitor
Lawsuit Seeks Stop to Unnecessary Placements in NH Nursing Homes
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.Jan 12, 2021 - McKnight’s Senior Living
Medicaid waiver enrollees put at risk of unnecessary nursing home placement, lawsuit claims
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.Jan 12, 2021The 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.
- Reuters Legal
New Hampshire Sued over 'Unnecessary' Nursing Facility Placements
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.Jan 11, 2021The 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 Public Radio
Lawsuit Alleges New Hampshire Is Failing to Administer Program for Seniors, People with Disabilities
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.Jan 11, 2021The 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 Union Leader
Lawsuit: State Shirking Responsibility for At-Home Care Services
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.Jan 11, 2021The 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 Associated Press
New Hampshire House to Hold Hybrid Public Hearings on Bills
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.Jan 11, 2021The 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.
- Law360
Aetna Blasts Conformis For Using Patient To Force Coverage
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.July 24, 2020 - New Hampshire Bar News
Proposed rules aim to transform key federal laws restricting health care arrangements
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.Jan 15, 2020 - Law.com Litigation Daily
Litigators of the Week
Manchester Complex Commercial Disputes partner Scott O’Connell, head of the Litigation Department, is named one of the Litigators of the Week for securing an award of legal fees for his clients, a group of 26 New Hampshire hospitals who sued the Centers for Medicare and Medicaid Services. The litigation team also included Boston Complex Commercial Disputes associates Morgan Nighan and Kierstan Schultz.April 5, 2019 - New Hampshire Business Review
When a fee becomes a tax: The difference between NH’s two key funding sources
Manchester complex commercial dispute associates Kierstan Schultz and Nate Warecki authored this column discussing how New Hampshire distinguishes the difference between taxes and fees, the government’s two main sources of revenue, under law.May 11, 2018
Admitted to practice
Massachusetts
New Hampshire
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, Eastern District of New York
U.S. District Court, Southern District of New York
U.S. District Court, District of Vermont
Education
Cornell Law School, J.D.
George Washington University, B.A., summa cum laude
Professional activities
- New Hampshire Women’s Bar Association
Recognition
- Selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2024 in Commercial Litigation and Litigation—Health Care; listed since 2022.
- Received a 2021 Best Lawyers: Ones to Watch recognition for Commercial Litigation and Health Care Law
Insights And Happenings
View AllProfessionals in the Practice Area
View AllAnthony Barron
Partner / Chair, Litigation Department- San Francisco
- Office:+1 415.984.8309
- abarron@nixonpeabody.com
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Kimberly Harding
Partner / Deputy Leader, Litigation Department
Leader, Labor Relations Team- Rochester
- Office:+1 585.263.1037
- kharding@nixonpeabody.com
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John Ruskusky
Partner / Practice Group Leader, Complex Disputes- Chicago
- Office:312.977.4460Mobile:708.606.8720
- jtruskusky@nixonpeabody.com
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Jeffrey S. Brenner
Partner / Practice Group Leader, Construction & Real Estate Litigation- Providence
- Office:401.454.1042
- jbrenner@nixonpeabody.com
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Daniel J. Hurteau
Office Managing Partner / Deputy Practice Group Leader, Complex Disputes- New York
- Office:518.427.2652
- dhurteau@nixonpeabody.com
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