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.
I represent clients in a variety of industries in all aspects of the adversarial process, in civil litigation in state and federal courts.
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.
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.
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.
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.
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.
Law.com Litigation Daily | April 04, 2019
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.
New Hampshire Business Review | May 10, 2018
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.
Arbitration Alert | 03.03.19
Cornell University Law School, J.D.
George Washington University, B.A., summa cum laude
U.S. District Court, District of New Hampshire
U.S. District Court, District of Massachusetts
U.S. District Court, Southern District of New York