As a leader in an industry facing unparalleled challenges, our cross-disciplinary team specializes in health care delivery, corporate organization, government programs, emerging payment programs, managed care models, and a vast array of other cutting edge issues impacting our health care clients.
We couple our working industry knowledge and insight to help clients manage and implement the changes to their businesses that help them thrive in this rapidly evolving industry. Our team has a rich understanding of the health industry’s dynamics regarding business, regulations, and competition.
Our success is driven by our ability to partner with organizations across all sectors of health care on a range of services, including ancillary and specialty services, corporate transactions, digital health, financing, government investigations and health care litigation, health information management and privacy, network formation, regulatory compliance, and reimbursement and value-based contracting. We are proud of our ability to deliver unmatched value by providing top-quality counsel and leveraging our geographic footprint, with offices and talent in major metropolitan areas as well as smaller cities across the country.
American Health Lawyers Association | April 01, 2020
In this podcast, Washington, D.C. Health Care counsel Sarah Swank speaks with three hospital general counsel on the front lines of the coronavirus pandemic.
AHLA Speaking of Health Law | March 26, 2020
Washington, D.C. Health Care counsel Sarah Swank appeared on this American Health Lawyers Association podcast to discuss how medical facilities are ramping up telehealth programs in response to the pandemic.
Healthcare Financial Management Association | March 24, 2020
Washington, DC, Health Care counsel Sarah Swank discusses how waivers from the Centers for Medicare and Medicaid Services have allowed hospitals to pursue flexible approaches to patient care during the wave of COVID-19 infections.
Innovate Long Island | March 24, 2020
Long Island office managing partner Allan Cohen is quoted throughout this article that looks at Nixon Peabody’s strategic response to the COVID-19 pandemic and highlights the firm’s robust emergency preparedness and business continuity plans.
Washington Business Journal | March 20, 2020
Washington, DC, Health Care counsel Sarah Swank talks about how a new waiver that expanded the list of video conference apps and platforms permitted under HIPAA for telemedicine could be a game-changer for the industry.
Inside Reproductive Health | March 19, 2020
In this podcast episode, Los Angeles Health Care partner Jill Gordon and Washington, DC, Health Care counsel Sarah Swank discuss new regulations around using telemedicine to reach patients in a time of community quarantines.
Washington Business Journal | March 18, 2020
This article features Washington, DC, Health Care counsel Sarah Swank discussing how hospitals are adjusting to changes in the face of the coronavirus pandemic, and how many hospitals can employ lessons learned during the 2008 recession.
Law360 | March 17, 2020
This Q&A with health care attorneys quotes Washington, DC, Health Care counsel Sarah Swank related to the Centers for Medicare & Medicaid Services’ Section 1135 waivers and what they mean in practice.
Modern Healthcare | March 12, 2020
Chicago Health Care partner Valerie Breslin Montague talks about how hospitals can remain in compliance with HIPAA while executing an effective crisis communications plan related to the coronavirus outbreak.
AIMed | March 09, 2020
Washington, DC, Health Care counsel Sarah Swank wrote this contributed article analyzing how organizations can avoid fraud and abuse pitfalls as clinical AI services become more prevalent in the industry.
Law360 | March 06, 2020
This article mentions Boston Government Investigations and White-Collar Defense partners Hannah Bornstein and Mark Seltzer for their representation of the defendants in a False Claims Act suit centering on faulty hip replacement devices. The defendants have argued the suit should be dismissed on the grounds that confidential information was used in the complaint.
Forbes | February 13, 2020
In his latest contributed column, Los Angeles Intellectual Property partner Erik Birkeneder writes about how health care AI technologies that demonstrate empathy can help improve patient satisfaction and engagement.
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.
Open Minds | November 27, 2019
New York City Health Care associate Jena Grady wrote this contributed article outlining proposed regulatory changes by the Substance Abuse and Mental Health Services Administration that aim to address the opioid crisis while maintaining confidentiality protections.
Forbes | November 19, 2019
Los Angeles Intellectual Property partner Erik Birkeneder also has a new Forbes column, focused on a new frontier in health care AI that has potential to advance diagnostic care but also presents thorny issues related to IP protection.
Modern Healthcare | September 07, 2019
This article discussing the 21st Century Cures Act’s ongoing impact on the Food and Drug Administration’s approval process quotes Boston Government Investigations and White Collar Defense partner Hannah Bornstein and Chicago Health Care partner Valerie Montague.
Crain’s New York | September 06, 2019
In this story, Litigation Department Head Scott O’Connell offers his perspective on new financial uncertainty for hospitals as an October deadline looms to avoid large cuts to federal funding for facilities that treat large numbers of Medicaid and uninsured patients.
Crain’s New York Business | August 27, 2019
Long Island Health Care partner Rebecca Simone is quoted in this article about physicians’ reactions to Zocdoc’s new pricing policy and how it may impact New York–based health care providers and medical groups. The article also appeared in Modern Healthcare.
Modern Healthcare | August 23, 2019
This article quotes Washington, DC, Government Investigations and White Collar Defense partner Adam Tarosky for his perspective on the overlap between anti-kickback violations and False Claims Act violations when physicians are accused of accepted improper perks from medical device companies.
Medicare Compliance & Reimbursement | July 10, 2019
This article quotes Chicago Health Care partner Valerie Breslin Montague discussing a new Centers for Medicare and Medicaid Services policy, taking effect in July, that could complicate the billing and reimbursement process for health care providers.
Reuters Legal | June 04, 2019
This article mentions Boston Government Investigations and White Collar Defense partner Mark Seltzer for his representation of GlaxoSmithKline in an ongoing matter related to its anti-nausea medication Zofran.
Medicare Compliance & Reimbursement | June 01, 2019
This article quotes Chicago Health Care partner Valerie Breslin Montague discussing a new Centers for Medicare and Medicaid Services policy, taking effect in July, that could complicate the billing and reimbursement process for health care providers.
Law360 | May 30, 2019
This article mentions Long Island Labor and Employment partner Chris Gegwich and associate Tony Dulgerian for their successful representation of Northwell Health in a discrimination suit.
New York Law Journal | May 14, 2019
Long Island Complex Commercial Disputes partners Dan Gibbons and Jim Weller co-wrote this contributed article analyzing the use of restrictive covenants in physician contracts.
Law360 | May 10, 2019
Boston Corporate partner David Martland and Chicago Corporate partner Brian Krob are mentioned in this roundup of notable deals for advising Merck in its acquisition of Intermolecular.
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.
Modern Healthcare | April 04, 2019
Providence Health Care partner Chris Browning is quoted in this article analyzing the wages of health care providers amid the increasing number of mergers and acquisitions.
Law360 | March 07, 2019
Manchester Complex Commercial Disputes associate Nate Warecki is quoted in this article discussing the positive outcome for his client, Chinese biotech firm Vcan, in a dispute with the U.S. Department of Homeland Security.
Reuters | March 05, 2019
Boston Government Investigations and White Collar Defense partner Mark Seltzer is mentioned in this article for representing GlaxoSmithKline in an ongoing dispute related to the company’s anti-nausea drug Zofran.
Modern Healthcare | March 02, 2019
Long Island Affordable Housing and Real Estate Partner Ed Puerta is quoted in this article discussing the trend of hospitals using creative acquisition strategies to increase their patient base.
Innovate LI | March 01, 2019
Long Island Health Care partner Peter Egan is highlighted in this executive news roundup for his elevation to Health Care practice group leader at Nixon Peabody.
Law360 | February 28, 2019
Rochester Labor & Employment Counsel Marion Blankopf is mentioned in this article for her successful defense of Highland Hospital against a suit alleging violations of the Americans with Disabilities Act.
Newsday | February 25, 2019
In the following coverage, Long Island Health Care partner Peter Egan is highlighted for his elevation to Health Care practice group leader at Nixon Peabody.
Long Island Business News | February 22, 2019
In the following coverage, Long Island Health Care partner Peter Egan is highlighted for his elevation to Health Care practice group leader at Nixon Peabody.
Reuters Legal | February 19, 2019
The elevation of Long Island Health Care partner Pete Egan to practice group leader is included in this roundup of notable moves in the legal industry.
Crain’s New York | February 13, 2019
The elevation of Long Island Health Care partner Pete Egan to practice group leader is included in this roundup of notable leadership moves in the health care space.
The Deal | February 13, 2019
The elevation of Long Island Health Care partner Pete Egan to practice group leader is mentioned in this roundup of notable executive moves.
Legaltech News | November 08, 2018
Chicago Health Care partner Valerie Montague is quoted in this article on which party can expect to be found liable for a Chicago Public Schools data breach allegedly triggered by the actions of the third-party vendor’s former employee.
Law360 | October 14, 2018
In the following coverage, Rochester Corporate partner Lori Green, Complex Commercial Disputes partners Rick McGuirk and Carolyn Nussbaum, and New York City Complex Commercial Disputes partner Chris Mason analyze a key ruling by the Delaware Chancery Court that affirmed the existence of a material adverse event allowing German pharmaceutical company Fresenius to back down from a merger with Akorn, Inc.
Law360 | October 14, 2018
In the following coverage, Rochester Corporate partner Lori Green, Complex Commercial Disputes partners Rick McGuirk and Carolyn Nussbaum, and New York City Complex Commercial Disputes partner Chris Mason analyze a key ruling by the Delaware Chancery Court that affirmed the existence of a material adverse event allowing German pharmaceutical company Fresenius to back down from a merger with Akorn, Inc.
Bloomberg Law | September 17, 2018
In this article about doctor-patient audio-video recordings, Chicago Health Care partner Valerie Breslin Montague is quoted throughout for her outlook on multiparty consent among different states, policy development, and protecting the privacy of a patient’s health information.
Law360 | September 12, 2018
Boston Government Investigations & White Collar Defense partners Mark Seltzer and Brian French are mentioned in this article for their ongoing representation of GlaxoSmithKline in a suit regarding their drug Zofran.
Massachusetts Lawyers Weekly | August 27, 2018
Litigation Department head Scott O’Connell is mentioned in this case summary for his role as co-counsel for a group of pharmaceutical companies. The companies successfully defended a suit by a class of customers seeking to force changes to the design of the companies’ eyedrops bottles.
Law360 | August 26, 2018
Nixon Peabody is mentioned in this article as co-counsel for a group of pharmaceutical companies who won dismissal of a First Circuit class-action suit regarding the design of their eyedrop bottles.
Bloomberg Law | August 12, 2018
San Francisco Labor and Employment partner Jeff Tanenbaum is quoted in this article discussing the new Cal/OSHA standards for workplace safety in health care professions.
Wolters Kluwer | August 09, 2018
Chicago Health Care partner Steven Banghart is quoted in this article for his analysis of a proposed overhaul of the Medicare Shared Savings Program’s approach towards accountable care organizations.
CNBC | August 07, 2018
Los Angeles Health Care partner Jill Gordon discusses legal concerns around a digital health start-up that is considering a new pricing model.
Buffalo Law Journal | July 09, 2018
Albany Health Care partner Laurie Cohen is quoted in this article discussing how state and federal guidance are encouraging patients to be more engaged with their health records, and outlining instances in which minors can withhold health information from their parents.
Reuters | June 05, 2018
Litigation Department Chair Scott O’Connell is quoted in this article on a “significant breakthrough” the Nixon Peabody team achieved in its representation of a group of 26 New Hampshire hospitals seeking reimbursement from the state for indigent care costs.
Law360 | May 06, 2018
In this roundup of promotions to partner and firm management positions, 14 attorneys from Nixon Peabody are highlighted. The 11 attorneys promoted to partner are Ellie Altshuler, Mark Beaudoin, Erik Birkeneder, Hannah Bornstein, Chris Browning, Barry Carrigan, Keri McWilliams, Matt Mullen, Steven Richard, Charles Tamuleviz and Alison Torbitt. In addition, Kenneth C. Lind was promoted to leader of the firms’ public finance practice group, Justin Thompson was promoted to office managing partner in LA, and Aaron Yowell was promoted to chief innovation officer.
Law360 | April 25, 2018
Albany commercial litigation partner Bill Reynolds is mentioned in this story for his representation of AngioDynamics Inc. in an ongoing dispute with Biolitec AG.
The Union Leader (New Hampshire) | April 24, 2018
In the following coverage, Litigation Department Chair Scott O’Connell is quoted discussing a dispute between the state of New Hampshire and a group of hospitals over tax and reimbursements for uncompensated care.
Law360 | April 24, 2018
Boston government investigations and white collar defense partners Mark Seltzer and Brian French are mentioned in this story for their representation of pharmaceutical company GlaxoSmithKline in a lawsuit brought by users of its anti-nausea medication Zofran.
WMUR-TV | April 23, 2018
In the following coverage, Litigation Department Chair Scott O’Connell is quoted discussing a dispute between the state of New Hampshire and a group of hospitals over tax and reimbursements for uncompensated care.
Concord Monitor | April 23, 2018
Litigation Department Chair Scott O’Connell is mentioned in the article for his representation of a hospital group at a hearing of the New Hampshire state Senate finance committee. The hospitals are in a dispute with the state over reimbursements for health care services provided to people who cannot afford them.
Law360 | April 15, 2018
In the following coverage, Boston government investigations and white-collar defense partners Mark Seltzer and Hannah Bornstein are mentioned for their ongoing representation of Johnson & Johnson and its subsidiary DePuy Orthopaedics Inc. in a False Claims Act case. The Supreme Court recently declined to review the First Circuit’s ruling in the case.
Reuters Legal | April 15, 2018
In the following coverage, Boston government investigations and white-collar defense partners Mark Seltzer and Hannah Bornstein are mentioned for their ongoing representation of Johnson & Johnson and its subsidiary DePuy Orthopaedics Inc. in a False Claims Act case. The Supreme Court recently declined to review the First Circuit’s ruling in the case.
Providence Business News | April 12, 2018
This article on how employers can help curb opioid-related deaths in Rhode Island was co-written by Business and Finance Department Chair Steve Zubiago, Providence health care partner Chris Browning and associate Mike Gorfinkle.
Long Island Press | April 12, 2018
Long Island Office Managing Partner Allan Cohen is mentioned in this article as a member of the Long Island Press Power List, which recognizes the region’s most influential business, nonprofit and political leaders.
Law360 | April 11, 2018
Boston government investigations and white-collar defense partners Mark Seltzer and Hannah Bornstein are mentioned in this article for representing Johnson & Johnson Services Inc. and its subsidiary DePuy Orthopaedics in a suit alleging violations of the False Claims Act.
Reuters | April 04, 2018
Litigation department chair Scott O’Connell is quoted in this story involving Nixon Peabody’s representation of an association of New Hampshire hospitals in its successful appeal against the U.S. Centers for Medicare & Medicaid Services. The lawsuit relates to a policy change about how Medicaid payment are calculated.
Modern Healthcare | April 02, 2018
Providence health care partner Chris Browning is quoted in this article on the advantages for hospitals that move to a single shared electronic health records platform.
Modern Healthcare | March 06, 2018
Chicago public finance partner Tom Fahey provides commentary in this article about the financial strain on hospital systems caused by the ongoing nursing shortage.
Modern Healthcare | February 14, 2018
Chicago health care partner Valerie Montague is quoted in this article on the possible impact of the proposed budget cuts to the Office of the National Coordinator for Health Information Technology, the federal agency in charge of implementing provisions of the 21st Century Cares Act.
Modern Healthcare | December 31, 2017
In this round-up of health care industry predictions for 2018, Chicago health care partner Valerie Montague provides an outlook on the future of cybersecurity in health care.
Modern Healthcare | December 15, 2017
Rochester public company transactions associate Brian Becker is quoted in this article about how the cryptocurrency bitcoin is becoming mainstream and how it may affect the health care industry.
Law360 | November 21, 2017
This article mentions Boston commercial litigation associate Morgan Nighan and Manchester commercial litigation partner and litigation department head Scott O’Connell for representing New Hampshire hospitals in an ongoing dispute involving a Centers for Medicare & Medicaid services reimbursement policy. Scott is also quoted.
CNBC | November 18, 2017
Los Angeles health care partner Jill Gordon, who this article identifies as a “top lawyer” in the digital health space, provides in-depth commentary regarding the three common practices she’s seen among health technology startups that may violate medical regulations and what companies should be aware of to avoid costly penalties.
Rochester Business Journal | November 16, 2017
Rochester private equity and investment funds partner Jeremy Wolk, Los Angeles health care partner Jill Gordon and Los Angeles labor and employment associate Mae Hau coauthored this contributed article on the explosion of mobile health applications and the potential accessibility issues.
Law360 | November 16, 2017
This article quotes Manchester commercial litigation partner and litigation department head Scott O’Connell and mentions him and Boston commercial litigation associate Morgan Nighan as counsel representing New Hampshire hospitals in a dispute involving a Centers for Medicare & Medicaid services reimbursement policy.
CNBC | November 16, 2017
Los Angeles health care partner Jill Gordon, who this article identifies as a “top lawyer” in the digital health space, provides in-depth commentary regarding the three common practices she’s seen among health technology startups that may violate medical regulations and what companies should be aware of to avoid costly penalties.
Buffalo Business First | November 15, 2017
The following coverage mentions Albany health care partner Peter Millock for his representation in a proposed first-ever interstate hospital merger in New York State.
Politico | November 15, 2017
The following coverage mentions Albany health care partner Peter Millock for his representation in a proposed first-ever interstate hospital merger in New York State.
SHRM.com | November 05, 2017
San Francisco labor and employment associate Rachel Conn is quoted in this article about how employees should handle requiring flu shots for health care workers.
Modern Healthcare | October 10, 2017
Long Island health care partner Lindsay Maleson provides commentary in this article about how research is affected when academic medical centers merge with larger nonacademic health care providers.
Modern Healthcare | October 02, 2017
Chicago health care partner Valerie Montague is quoted in this article discussing how the proposed cuts to the 340B drug discount program may impact health systems.
Report on Patient Privacy | September 30, 2017
Chicago health care partner Valerie Breslin Montague is quoted in this article about how hospitals and clinics are using digital voice assistants.
Modern Healthcare | September 27, 2017
Long Island real estate partner Ed Puerta is quoted in this article about the trend of health care providers moving into shopping malls.
TechCrunch | September 21, 2017
Los Angles IP counseling and transactions associate Erik Birkeneder authored this column about the future and benefits of health care mobile applications.
Modern Healthcare | September 21, 2017
Chicago health care partner Valerie Breslin Montague is quoted in this article about the lawsuit filed by Agnesian Healthcare against Cerner regarding a botched rollout of a revenue cycle management system.
Long Island Business News | August 29, 2017
This article features Long Island labor and employment partner Jeff Meyer’s arrival to Nixon Peabody, highlighting his extensive wage-and-hour and class action experience, and quotes Long Island office managing partner Allan Cohen.
Law360 | August 24, 2017
Chicago health care partner Valerie Montague is quoted in this article about how Aetna Inc.’s mailed letters to policy holders regarding prescriptions for HIV drugs violated the Health Insurance Portability and Accountability Act.
Modern Healthcare | August 21, 2017
Chicago health care partner Valerie Breslin Montague is quoted in this article about how many not-for-profit health care providers are joining larger health care systems as a result of rising costs to operate as independent hospitals.
Modern Healthcare | July 30, 2017
Chicago health care partner Valerie Montague provides third-party commentary in this article about the potential for Alexa and other voice assistants to be used as a health care tool. Valerie speaks to what needs to happen for these devices to become compliant under the Health Insurance Portability and Accountability Act (HIPAA).
Forbes | July 30, 2017
Los Angeles health care partner Jill Gordon is quoted throughout this Q&A piece about how mothers are finding ways to spend quality time with their daughters while maintaining a demanding and thriving career.
Family Practice News | July 16, 2017
Chicago health care associate April Schweitzer is quoted in this article about the challenges for establishing clinically integrated networks and how hospitals and physicians can overcome them.
Bloomberg Law | July 13, 2017
Rochester energy and environmental partner Jean McCreary, professional specialist Libby Ford, and Albany health care partner Peter Millock authored this article about the memo sent to all State Survey Agency Directors from the Center for Medicare & Medicaid Services regarding a new requirement for certified health facilities to assess and address Legionella-related risks in their water systems.
Trustee | June 29, 2017
Chicago public finance partner Thomas Fahey authored this column about how nonprofit community hospital board members should consider duty of care and duty of loyalty to guide decisions regarding joining larger health systems.
MedCity News | June 14, 2017
Los Angeles IP counseling and transactions associate Erik Birkeneder and health care associate Daniel Eliav co-authored this article about legal issues digital health companies should consider.
Long Island Business News | May 25, 2017
Long Island health care associate JoAnna Nicholson is featured in this Q&A about her career, work-life balance and women in law.
HR Morning | May 11, 2017
This article is about Rochester labor and employment partner Kate Saracene’s presentation on company FSA plans at the Mid-Sized Retirement & Healthcare Plan Management Conference in Phoenix, Arizona.
Long Island Business News | April 25, 2017
Long Island health care associate JoAnna Nicholson is mentioned in this article for being named one of Hofstra Law School’s “Outstanding Women in Law” award recipients.
New Hampshire Union Leader | April 15, 2017
Manchester litigation department leader Scott O’Connell is quoted throughout this article about developments in an ongoing case involving the New Hampshire Medical Malpractice Joint Underwriting Association.
