Litigation + Disputes
Our firms’ litigators bring and defend legal claims in state courts, federal courts, and arbitrations through California. Our senior litigators use the training they received at top litigation firms to provide zealous, creative, and meticulous representation to our clients.
Regulators and private plaintiffs are increasingly focused on identifying and prosecuting harm to competition. Our lawyers litigate antitrust cases in state and federal courts on behalf of both plaintiffs and defendants. We work with clients to develop strategies for aggressively competing while minimizing competition law risk. When disputes do arise, we have the knowledge and experience to achieve favorable resolutions for our clients, including by taking the case to trial if necessary.
Our recent antitrust experience includes securing the dismissal of an international corporate client from a federal price-fixing class action in the Northern District of California, and defeating a motion for a preliminary injunction by the plaintiff in an antitrust action brought by a healthcare company against a competitor.
Sophisticated clients know that the value of a victory obtained in a trial court often turns on whether it can withstand an appeal. Our lawyers litigate with an eye towards developing the record for appellate review to ensure our clients are in the best position to defend wins and challenge losses. And when those appeals do come, our lawyers
We represent corporate clients in commercial disputes in state courts, federal court, and arbitrations. Our lawyers work to identify our clients’ business objectives relative to a dispute, and then develop a litigation strategy to meet those objectives. We are not afraid to try cases, and this often leads to favorable settlements.
We handle a broad range of employment disputes on behalf of both employers and employees, including individual physicians. We routinely litigate employment claims for unpaid wages, enforcement of non-compete and confidentiality clauses, solicitation of patients and employees, and misappropriation of trade secrets.
We also counsel employers on how to solve workplace challenges–from hiring and termination decisions to medical leave and disability accommodations–while minimizing the risk of expensive litigation.
False Claims Act
Our litigators have substantial experience handling False Claims Act (FCA) investigations and litigation, both initiated by the government and by whistleblowers. We have successfully negotiated early settlements of FCA matters with the government by presenting convincing evidence against prosecution. When our client is a healthcare provider, early resolution can be critical to preserving the clients’ participation in federal healthcare programs. When litigation is unavoidable, we efficiently defend our clients with the goal of winning on summary judgment, at trial or on appeal. We also advise clients on whether and how to self-disclose potential violations of the FCA.
Our firm represents providers and physician-affiliated payors (such as IPAs) in reimbursement disputes. We are knowledgeable in all aspects of reimbursement for medical services from both private and public payors, including contracted and non-contracted arrangements, capitated and fee-for-service payment models, coding issues, regulatory requirements, and administrative appeals.
Physicians and medical groups encounter significant bureaucratic obstacles when contesting a determination made by a Medicare contractor. We help providers navigate the byzantine administrative appeals process for a number of Medicare related issues, including alleged overpayments and recoupment, enrollment complications, and eligibility issues.
Physician Peer Review
California law provides physicians with myriad procedural and substantive rights to challenge the restriction or revocation of a physician’s privileges. We are well-versed in the law of administrative and legal proceedings affecting a physician’s medical staff privileges (including peer review, disciplinary hearings, and fair procedure litigation) and routinely advise medical staffs and individual physicians on how to navigate these intersecting bodies of law.