Daniel Moriarty, Moderator
Vice President of Liability Claims, Kindred Healthcare
Bio: Actually - you are all the speakers - I am just going to moderate the discussion a bit.
Partner, Mayer Brown
Bio: Andrew Pincus focuses his appellate practice on briefing and arguing cases in the Supreme Court of the United States and in federal and state appellate courts; developing legal strategy for trial courts; and presenting policy and legal arguments to Congress, state legislatures, and regulatory agencies.
Andy has argued 25 cases in the Supreme Court, including Spokeo, Inc. v. Robins (2015), and AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011). Law360 ranked Andy’s victory in Concepcion as the most important Supreme Court class action decision of the last 15 years. Andy was named a 2015 Litigation Trailblazer by The National Law Journal, and was profiled as a member of Law360’s 2014 Appellate A-List. Andy's work in Concepcion and successful defense of Chicago Mayor Rahm Emanuel's right to run for office were cited by the American Lawyer in its article naming Mayer Brown as one of the top six US litigation firms in the 2012 Litigation Department of the Year report.
Shareholder, Baker Donelson
Bio: Christy concentrates her practice in long term care and behavioral health industries, managing the litigation of numerous long term care facilities around the country as well as serving as outside general counsel.
She provides counsel to health care companies on quality assurance, corporate compliance, general business advice and litigation avoidance.
CEO/Founder, Sorry Works
Bio: Doug Wojcieszak is a disclosure training consultant who created Sorry Works! and has trained over 30,000 healthcare, insurance, and legal professionals. Wojcieszak is a sought-after speaker and trainer and the Sorry Works! content (books, booklets, on-line learning, etc) has become the “go to” references for organizations dealing with adverse medical events. Sorry Works! and Wojcieszak recently partnered with The Sullivan Group to provide on-line disclosure training content for healthcare professionals.
Shareholder, Arnall Golden & Gregory
Bio: Glenn P. Hendrix is chair of the firm and a member of the Executive Committee. He focuses his practice on the areas of commercial and administrative dispute resolution, including litigation, arbitration, and administrative appeals.
Some of the representative matters handled by Mr. Hendrix include successfully defending numerous companies in actions under the federal False Claims Act; defending a major UK-based global logistics company in connection with the termination of its U.S. agency network; obtaining a precedent-setting ruling that low Medicaid payment rates to healthcare providers may constitute an unconstitutional taking of property; arbitrating an insurance coverage claim arising from the sale of an oil refinery to China; obtaining a $60 million recovery in a series of Medicare appeals on behalf of a national healthcare chain; obtaining the dismissal of a lawsuit filed in the U.S. against a global logistics company in favor of a parallel proceeding in Germany; serving as an expert witness on the operation of the Hague Service Convention in a $1.1 billion class action; and representing a coalition of national trade associations in securing the withdrawal of a proposed Medicare reimbursement rule.
Mr. Hendrix has served as an arbitrator and counsel in international arbitration proceedings administered by the International Centre for Dispute Resolution (ICDR) and the International Chamber of Commerce (ICC) and in litigation ancillary to such proceedings, including actions for emergency relief, proceedings to enforce arbitral agreements and awards, and petitions for evidence under 28 U.S.C. § 1782. He is the founding president of the Atlanta International Arbitration Society. He is active in the American Bar Association, presently serving as the ABA’s representative to the U.S. State Department's Advisory Committee on International Law, which brings together 20 leading international law professors, practitioners and policymakers to provide advice to the State Department on significant international law issues, and as a member of the ABA’s House of Delegates, which establishes ABA policy. He is also a past Chair of the ABA’s 24,000-member Section of International Law and continues to serve on that Section’s Council. Mr. Hendrix has served on U.S. State Department delegations to The Hague and Moscow as a private sector advisor with respect to the operation of the Hague Evidence and Service Conventions.
Partner, Lane Powell
Bio: Harold Malkin has an active litigation practice and is Chair of the Firm’s Investigations and Regulatory Compliance Team. Prior to joining Lane Powell, Harold served more than 20 years at the U.S. Department of Justice (DOJ), most recently as the Deputy Civil Chief and Chief of the Affirmative Civil Enforcement Unit of the U.S. Attorney’s Office in Seattle.
Harold has led and successfully resolved numerous multi-million dollar civil and parallel civil/criminal investigations of government program and procurement fraud under the False Claims Act and its qui tam (whistleblower) provisions. He possesses in-depth knowledge related to Medicare and Medicaid fraud by institutional and individual providers of all types; defense procurement fraud; schemes to obtain government contracts and grants set aside for small and minority-owned businesses and other targeted recipients; and schemes to evade export/import duties. Harold has also handled numerous civil penalty matters involving drug diversion and other violations of the Controlled Substances Act by physicians, pharmacies, hospitals and other Drug Enforcement Administration registrants.
Harold interrupted his 15 year tenure with the U.S. Attorney’s Office in 2001-2007 to serve as a partner at a top-tier Seattle litigation firm, where he conducted internal corporate investigations and defended individuals and companies under civil and criminal investigation by state and federal authorities. He also served six years as a Trial Attorney in the Civil Fraud Section of the Civil Division of DOJ in Washington, D.C.
Shareholder, Hooper Lundy Bookman
Bio: James F. Segroves is a partner resident in the Washington, DC office of Hooper, Lundy & Bookman, PC. He represents members of the health care industry, trade associations, and public agencies in important, precedent-setting cases at the trial and appellate levels of court systems throughout the United States, as well as matters before administrative tribunals. These cases range from significant False Claims Act matters based on complicated regulatory theories, appeals from adverse jury verdicts in cases presenting legal questions of first impression, reimbursement disputes with payers involving hundreds of millions of dollars, substantive and procedural challenges of agency regulations, and matters before the Supreme Court of the United States with nationwide consequences.
In its 2014 rankings, Chambers USA noted Mr. Segroves’s “very responsive” approach to client service, identifying him as an “up and coming” member of the health law bar. Law360 echoed this assessment one year earlier by naming him among the nation’s top legal talent under 40. According to The Legal 500 United States, Mr. Segroves goes “above and beyond the call” and is “extremely knowledgeable and very customer focused.”
Partner, Faegre Baker Daniels LLP
Bio: Joel Hammerman is a trial lawyer and investigator with Faegre Baker Daniels’ white collar defense and investigations practice. A federal prosecutor for over 12 years, Joel represents companies and their directors and executives by responding to government and regulatory inquiries, conducting internal investigations, responding to relator allegations of fraud and handling complex litigation. He is an accomplished litigator, successfully trying over 20 cases and arguing 11 matters in the U.S. Court of Appeals.
As an Assistant U.S. Attorney, Joel investigated and prosecuted scores of sophisticated financial crimes, including health care fraud, bank fraud, money laundering, corporate and securities fraud, commodities fraud, embezzlement, tax evasion, bankruptcy fraud, public corruption and cybercrime. Joel served on a team of attorneys dedicated to prosecuting health care fraud matters, and has expertise in the compliance and enforcement issues health care industry participants confront. Joel counsels providers on regulatory matters, including those related to the Stark Law, the Anti-Kickback Statute and the False Claims Act, guides them through government investigations, and represents them in litigation.
Partner, Burns White
Bio: Member Joseph A. Macerelli concentrates his practice in the areas of medical malpractice and other professional liability, personal injury, insurance, and products liability defense. A seasoned trial attorney, he has more than 35 years of experience representing medical professionals, hospitals, and other health care providers in state and federal courts.
In addition to his litigation practice, Mr. Macerelli employs other forms of dispute resolution when beneficial to his clients’ interests. An appointed alternative dispute resolution (ADR) mediator and arbitrator by the U.S. District Court for the Western District of Pennsylvania, he has completed 40 hours of formal mediation training through the Western Pennsylvania Chapter of the Federal Bar Association.
Mr. Macerelli is Past President of the Academy of Trial Lawyers of Allegheny County and the Pennsylvania Defense Institute. He also held a three-year term as the Pennsylvania State Representative for the Defense Research Institute.
Mr. Macerelli graduated from Duquesne University School of Law in 1981 and received a B.A. from the University of Pittsburgh in 1976.
General Counsel , Point Click Care
Bio: Richard is responsible for the Legal and Compliance functions at PointClickCare. He leads a team of legal, privacy, security and audit professionals who support key aspects of PointClickCare’s business and operations including intellectual property, commercial contracting and strategic partnerships, regulatory matters, privacy and data security, corporate finance and mergers and acquisitions. Richard is secretary to PointClickCare’s Board of Directors where he’s responsible for all aspects of the company’s corporate governance and compliance practices.
Richard brings over 15 years of experience building and developing innovative and high-growth technology companies, including acting as senior or general counsel to 724 Solutions, CGI Group, Workbrain, Score Media, Siemens Canada and SecureKey Technologies. Richard began his law career at Goodmans LLP where he spent several years working in its tax and corporate securities groups.
Richard is a qualified lawyer and engineer, holding a law degree from the University of Western Ontario and an Industrial Engineering degree from the University of Toronto. Richard also holds an MBA from the Science and Technology program at Queen’s University.
Managing Partner, Anspach Law
Bio: Bob, the founding and managing partner of the firm, graduated from Cornell University Law School in 1973 and has been engaged in civil trial practice since that time. In 1973, Bob joined a local law firm where he became a litigation partner in 1979. During his partnership tenure, he served as both managing partner and trial department administrator. In January 1986, Bob founded this firm.
Bob has defended civil suits at all levels of both state and federal judicial systems. Having engaged in trial practice exclusively throughout his career, his trial experience is extensive and has included all types of civil litigation, with particular concentration on railroad, medical and hospital defense. During his thirty-six years of practice, Bob has tried well over a hundred cases in state and federal courts in Michigan, Indiana, Ohio, New York and Tennessee. Bob is licensed to practice in Georgia, Michigan, New York, Ohio and West Virginia.
Bob has also served as President of the Board of Trustees of the Toledo Cultural Arts Center at the Valentine Theatre, and is currently a member of that Board. He has also served on the boards of the St. Vincent Mercy Medical Center Foundation, the Boys and Girls Club of Toledo, and as Past-President and Board member of Historic Perrysburg.
SVP and Deputy General Counsel, Litigation and Government Investigations, Kindred Healthcare
Bio: Supervises Kindred Healthcare's litigation and internal/government investigation activities, and provides recommendations and guidance on such matters to the General Counsel and senior management. Kindred Healthcare is a FORTUNE 500 healthcare services company based in Louisville, Kentucky with annual revenues of approximately $7.2 billion. As of October 1, 2016, Kindred through its subsidiaries had approximately 102,200 employees providing healthcare services in 2,702 locations in 46 states, including 82 LTAC hospitals, 19 inpatient rehabilitation hospitals, 91 nursing centers, 647 home health, hospice and non-medical home care sites of service, and 104 inpatient rehabilitation units (hospital-based) and contract rehabilitation service businesses.
Trial Attorney - US Department of Justice, United States Department of Justice
Bio: Susan C. Lynch, J.D., M.P.H., Dr.P.H. Candidate, is a health care Trial Attorney at the United States Department of Justice where she leads national investigations and civilly prosecutes long-term care facilities for failing to adequately care for their residents. Ms. Lynch is a Department of Justice Civil Division subject matter expert on skilled nursing facilities and home health agencies, and was responsible for bringing one of the Department’s first failure of care cases against a national skilled nursing home chain. Ms. Lynch is a Co-Chair of the Prosecution Sub-Committee of the Elder Justice Federal Interagency Working Group which addresses policy issues such as elder abuse in long-term care facilities and financial exploitation. Ms. Lynch has also served as Project Director for the creation and development of the Department of Justice’s Elder Justice Website.
Bio: Keith has been with Hamilton Insurance Agency (HIA) since May 1990. He graduated from Ferrum College with a Bachelor of Arts (B.A.) degree in Financial Management. Since joining HIA, Keith has worked exclusively with the long-term care Industry providing insurance and risk management services to skilled nursing and assisted living facilities. As a nationally licensed insurance agent in Property & Casualty and Surplus Lines, Keith has designed and developed numerous insurance programs, policy forms and risk management platforms that have become standard within the industry. He specializes in Self Insurance, including trusts, captives and self-insurance programs for Professional Liability/ Medical Malpractice. As a Certified Insurance Expert in several states, Keith has provided expert testimony in numerous law suits regarding industry issues. In one case, his testimony greatly influenced a landmark state reimbursement ruling. Keith was a key player in the development of HIA’s risk management division as well as the risk management software currently used today in over 1,000 facilities nationwide. He’s worked diligently with legal teams to issue white papers on the risk management software and has contributed greatly to the growth and development of the overall risk management division. Keith has been published in industry publications and trade journals and has a strong understanding of the Medicare and Medicaid reimbursement system. He is recognized as a key corporate employee responsible for generating sales throughout the country.
Bio: Donald L. Miller, II is the managing partner of the Louisville and Lexington, Kentucky offices of Quintairos, Prieto, Wood & Boyer, P.A. His practice has focused for many years on defending insurers in coverage and extra-contractual (“bad faith”) claims. His practice also includes defense of claims of long-term health care negligence, medical negligence, and legal malpractice, and includes long-term health care negligence for insurers and self-insured clients. He has extensive appellate experience in both state and federal appellate courts including the United States Supreme Court. Mr. Miller also handles trucking claims and his experience extends to the defense of drug and medical device along with other product liability litigation. He has first chaired many jury trials and appellate arguments.
Mr. Miller is a member of the Firm’s Appellate Practice Group. He has extensive appellate experience and has received recognition for his expertise in that practice area. Numerous cases in which he has participated have resulted in published opinions of various federal and state appellate courts. Mr. Miller has been selected as one of Kentucky’s Super Lawyers® and is rated AV® Preeminent™ by Martindale-Hubbell. He has also secured approval of that Preeminent™ rating from the judiciary. He is the author of numerous articles regarding various tort related subjects and is a frequent speaker at continuing legal education seminars and presentations for clients and other personnel.
Mr. Miller has been a practicing attorney for 32 years and has developed a broad complex, healthcare, insurance and commercial litigation practice.
Mr. Miller received his Juris Doctor summa cum laude from the University of Louisville, Louis D. Brandeis School of Law in 1984 and his Bachelor of Science, with honors, from the University of Louisville in 1981.
Dianne De La Mare
VP, Legal Affairs, American Health Care Association
Chief Legal Counsel , Prestige Healthcare