Max represents corporate and individual clients with a focus on litigation and advising healthcare technology companies.
Max litigates in state and federal trial courts throughout California, securing favorable outcomes for his clients. He handles a broad range of matters, including antitrust and unfair competition litigation, False Claims Act (FCA) and other whistleblower litigation, contract disputes, reimbursement disputes, Medicare appeals and billing disputes, fair procedure and peer review, shareholder and partnership disputes, disputes over non-competition agreements and physician buy-outs, labor and employment disputes, and healthcare whistleblower actions.
Max also advises healthcare and technology clients on compliance with state and federal regulations, including the corporate practice of medicine, state and federal healthcare regulations (including California’s Knox-Keene Act and federal Medicare laws), and state and federal privacy laws (including HIPAA, CMIA, CCPA, and CPRA).
Max has served as lead counsel in the following matters, among others, during his time as Kessenick Gamma:
- Representing corporate healthcare defendant in antitrust and unfair competition lawsuit alleging monopolization
- Representing international electronics company defendant in antitrust class action alleging price-fixing
- Multiple representations of medical groups and other healthcare employers in defense against employee retaliation and discrimination lawsuits
- Multiple representations of medical groups, healthcare facilities, and individual physicians in disputes over physician buyouts and alleged non-compete violations
- Multiple representations of medical groups and individual physicians in FCA matters, including qui tam lawsuit alleging violations of the Stark law and federal Anti-Kickback Statute
- Representing whistleblower physician employee in litigation against skilled nursing facility alleging retaliatory termination
- Representing whistleblower physician alleging retaliatory termination of medical staff teaching privileges.
- Multiple representations of physicians, medical groups, and IPAs in payer-provider reimbursement disputes
- Representing medical groups, ambulatory surgery centers (ASCs), and individual physicians in Medicare appeals relating to termination or deactivation of Medicare enrollment/billing privileges, overpayment recoupment disputes, and other matters
Max’s experience prior to joining KG includes:
- Representing defendant electronics manufacturer in multidistrict antitrust litigation (including a class action) alleging international price fixing conspiracy.
- Representing plaintiff shareholders of a medical device company in a breach of contract and fraud litigation, resulting in a jury verdict exceeding $250 million.
Max was selected as a Rising Star in Northern California by Super Lawyers in 2018, 2019, and 2020. He is a member of the California Society for Healthcare Attorneys and has presented at its annual seminar. He is admitted to the bar in both California and New York. He is admitted to practice in the U.S. Districts Courts for the Northern District of California, Eastern District of California, and Southern District of New York. Before joining KG, Max practiced law in the New York and San Francisco offices of Kirkland & Ellis LLP.
Max received his J.D. from Columbia Law School in 2010, where he was a Harlan Fiske Stone Scholar, and received his B.A. with honors from Washington University in St. Louis in 2006.