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David J. Pivnick Partner

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Chicago T +1 312 750 3585 F fax +1 312 698 4539
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David currently serves as co-leader of the firm’s Healthcare Litigation and Enforcement practice group. David’s practice is focused on complex commercial litigation with an emphasis on healthcare litigation. He has represented and advised clients across the country in a variety of matters involving the False Claims Act, contract law, restrictive covenants, partnership disputes, managed care issues, injunctive relief, and unfair competition.

David’s clients include hospitals, insurance companies, physician practices, medical device manufacturers, and ambulatory surgery centers.  David has led the representation of numerous clients in responding to Government investigations and in defending against alleged violations of the False Claims Act, Anti-Kickback Statute, and Stark Law, as well as having led internal investigations in connection with these statutes.  David has also assisted multiple clients with successfully completing disclosures under the OIG’s self-disclosure protocol.

David routinely assists clients with litigation analysis, including during transactional due diligence, in order to help clients prevent and minimize litigation.  He has also represented clients in emergency proceedings and defeated claims for injunctive relief, as well as representing clients at arbitration and mediation.

David regularly presents on a wide range of topics relating to health care litigation, including giving frequent presentations on issues and developments under the False Claims Act.  For example, David has conducted multiple CLE presentations for the Chicago Bar Association.  David also speaks on other topics including litigation strategies, noncompete law, internal investigations, and compliance.

David currently serves on McGuireWoods’ Chicago office Recruiting Committee. He is also an editor and contributing author to McGuireWoods’ False Claims Act blog, The FCA Insider.

While earning his law degree from the University of Illinois College of Law, David graduated first in his class and was the recipient of Rickert Awards for Excellence in Academic Achievement and Excellence in Service, as well as receiving CALI Awards for Excellence in Torts, Civil Procedure II, Professional Responsibility, Jurisdictional Competition, and Juvenile Abuse and Neglect.  In addition, David served as a judicial extern to the Honorable Harold Baker in the U.S. District Court for the Central District of Illinois.

Experience

  • Represented a hospital and obtained a dismissal of claims for improper billing that were brought under the federal False Claims Act.
  • Represented an ambulatory surgery center in litigation in which a former physician member had challenged the redemption of his ownership interests in the ASC. David obtained the entry of summary judgment in favor of the surgery center.
  • Represented a hospital in a breach of contract action that was brought by its former CEO, in which the CEO was arguing that the hospital had breached his employment contract. The case proceeded to a jury trial and David obtained a directed verdict and judgment in favor of the hospital.
  • Represented a medical device manufacturer in defending against a competitor’s claims that the manufacturer had breached certain non-compete obligations. After a five-day hearing, the Court denied the competitor’s motion for preliminary injunction and entered judgment in the underlying litigation in favor of David’s client, the medical device manufacturer.
  • Represented a managed care payer in an arbitration involving 50,000 medical claims that a hospital had claimed were either improperly denied or underpaid.
  • Represented a mail order pharmacy in connection with allegations that the pharmacy had violated the False Claims Act by engaging in purportedly unlawful marketing activities.  David obtained the dismissal with prejudice of the allegations against the pharmacy.
  • Represented a group of orthopedic surgeons who were alleged to have violated the False Claims Act through the purported performance of surgeries in violation of teaching physician guidelines.
  • Represented a physician group in responding to a Government investigation of allegations of wrongdoing under the False Claims Act, the Anti-Kickback Statute, and the Stark Law.
  • Represented a national dialysis chain in responding to a Civil Investigative Demand that was issued by the Government.
  • Represented a hospital in a breach of contract case in which a physician alleged that the hospital had breached an alleged obligation to purchase a medical practice.
  • Conducted an internal investigation for a nonprofit organization relating to issues of improper billing and represented the client in connection with issuing a self-disclosure to the OIG under the Self-Disclosure Protocol.
  • Represented a physician-owned hospital in a breach of contract dispute in which a former owner challenged the redemption of his ownership interests in the hospital.
  • Represented physician owners of vascular access centers who were alleged to have violated the False Claims Act through the submission of claims for medically unnecessary services.
  • Represented a podiatry practice that was alleged to have violated the False Claims Act through the submission of claims that were outside the podiatrists’ scope of practice.
  • Represented a hospital in an administrative appeal of payments that had been improperly withheld by a Medicare Administrative Contractor.  David was successful on the administrative appeal and obtained an award in which the client was paid the improperly withheld funds.

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