Civil Litigation; Health Law, Construction Law; Research and Scientific Misconduct; Government Investigations; Campaign Finance, Ethics, and Lobbying Compliance
Of Counsel, Meyer, Connolly, Simons & Keuthen, LLP
Litigation Partner, Donoghue Barrett & Singal, P.C
Deputy, MTA "Big Dig" Cost Recovery Team
Associate General Counsel, Massachusetts Water Resources Authority
Assistant Attorney General, Boston, MA
Assistant US Attorney, Brooklyn, NY
Litigation Attorney, Davis, Polk & Wardwell, NY, NY
Law Clerk, US District Court, Eastern District of New York
J.D. 1985, Brooklyn Law School, cum laude
B.A. 1982, University of Chicago
Court / Bar Admissions
Federal: U.S Courts of Appeals (First and Second Circuits);
U.S. District Courts (Massachusetts, New York, So. and East., Rhode Island)
State: Massachusetts, New York, Rhode Island
Behavioral health contracting; Compliance program development & counseling; Contract negotiations; Corporate formation, joint ventures, affiliations & other business arrangements; Corporate governance; Employment-related issues; EMTALA; Financing (tax exempt/ taxable); Fraud & abuse compliance: Government investigations; HIPAA; Medicaid fraud; Medical staff governance; Medical peer review; Medicare/Medicaid reimbursement; Patient care issues; Physician compensation & financial arrangements; Physician recruitment & retention; Professional licensure and discipline; Risk management/liability; Regulatory compliance; State & federal matters; Tax exempt issues
Academic Medical Centers, Research Centers, Colleges and Universities, Government Relations, Construction and Capital Projects
Publications & Teaching
Adjunct Instructor, New England School of Law
Adjunct Instructor, Brooklyn Law School
MCLE, Trial Advocacy Workshop, annually since 2010.
Lectured on various topics including: health care compliance, public construction law, research and scientific misconduct.
Civic & charitable activities
Coach for youth baseball
Co-Chair, Israel Education and Action Committee, Temple Sinai of Brookline
Volunteer Judge, Boston Debate League
Practice Highlights and Critical Successes
Research and Scientific Misconduct
Obtained first ever ruling in which an ORI debarment order was vacated and that a scientist is entitled to a de novo hearing before a federal administrative law judge. Led to favorable settlement in which no debarment was imposed and the scientist was able to continue receiving federal grant funding.
Representing a naturalized US citizen against allegations of failing to disclose funding from the Chinese Government.
Represented a scientist whose inventions were part of a confidential US grant application and were later found to be part of a patent approved by a foreign government.
Persuaded numerous confidential university and institutional faculty panels to dismiss claims of academic or research misconduct; including:
Successfully represented a senior scientist in an NIH funded lab where the PIs and another senior researcher were found to have committed misconduct and the institution paid a sizable amount to the US Government to settle allegations of false claims. The allegations against my client were dismissed at the inquiry stage and the identity of my client and the allegations against the client never became public.
Representation of a junior researcher who was accused, along with the PI, of misstating data in a clinical trial. The misconduct allegations were rejected by the investigation panel and the identity of my client and the allegations never became public.
Representation of a PI/ lab head where tissue images were found to be erroneous. The misconduct allegations were rejected by the investigation panel and the identity of my client and the allegations never became public.
After a misconduct findings by an institution, persuaded Government agencies not to pursue formal debarments or suspensions. In other cases, negotiated significant reductions in penalties imposed by federal regulatory authorities against scientists found to have committed misconduct.
Responded, on behalf of a scientist, whose published data had been questioned by a journal reviewer. After a lengthy process, the journal rejected the allegations of data fabrication and no misconduct proceeding was commenced. The matter has never become public.
Health Care Critical Successes
Obtained dismissal of all claims against Anna Jaques Hospital after it had been sued by a physician network for allegedly interfering in network's contract with an independent physician organization.
Persuaded the Massachusetts Board of Registration in Medicine to license a physician after the Board’s staff rejected the application.
Persuaded the Board of Registration's Complaint Committee to dismiss charges of physician misconduct.
Successfully defended a major North Shore community hospital in commercial litigation by a physician practice, resulting in a dismissal of the lawsuit prior to discovery on terms very favorable to the hospital.
Obtained a substantial settlement for a major Boston hospital from primary care providers who moved to a competing facility.
Obtained substantial settlements for several non-profit health care clients involving claims of securities fraud against investment advisors and managers.
Obtained substantial settlement for physician who had been illegally terminated by a large Boston area practice group.
Prosecuted numerous physician discipline cases before internal hospital peer review and disciplinary panels. In each case, they resulted in upholding the medical staff’s discipline or the removal of a physician from a hospital’s medical staff.
Obtained summary judgment for Norwood Hospital and its medical staff president dismissing a lawsuit brought by a primary care physician after the doctor was terminated for disruptive behavior.
Successfully represented hospitals, physician groups, hospices, and other health care providers in government fraud and false claims act cases.
Persuaded government prosecutors on several occasions not to bring civil and/or criminal charges against client physicians and providers.
Oversaw and/or conducted internal investigations for health care providers.
Represented owners and providers in numerous employment disputes with present or former employees.
Construction Industry Critical Successes
Obtained multi-million dollar settlement for private contractor after public owner refused to pay for a change order caused by owner's defective specification and unforeseen site conditions.
Persuaded the Attorney General to drop a prevailing wage investigation against a contractor.
Obtained a multi-million dollar judgment against a customer that refused to pay past due water and sewer charges.
Obtained a judgment upholding MWRA’s authority to determine water and sewer rates.
Resolved hundreds of contractor claims on the Boston Harbor Project at a fraction of the claimed amounts.
Successfully defended MWRA and the Commonwealth in dozens of public contracting bid protests.
Recovered hundreds of thousands of dollars from contractor that submitted a fraudulent bid.
Recovered millions of dollars for Massachusetts public agencies in cost recovery efforts against engineering and design firms on MWRA and MHD projects.
On numerous occasions, he persuaded state regulators not to bring enforcement action against campaign officials and political committees.
Obtained rulings from campaign finance regulators that certain campaigns and contributors are not required to disclose certain campaign expenditures or may avoid any public disclosure whatsoever.
**Campaign Treasurer and/or Counsel to the following Ballot Question Committees:**
2006 - Opposed ballot question allowing sale of alcoholic beverages in grocery and convenience stores; Defeated by the voters.
2010 - Drafted ballot question repealing sales tax on alcohol;
Passed by the voters.
2012 - Opposed ballot question allowing Physician Assisted Suicide;
Defeated by the voters.
2013 - Drafted ballot question repealing Software and Technology services tax;
Question withdrawn after legislature repealed tax.
2014 - Counsel to trade organization supporting Automobile Right To Repair ballot question; Passed by the voters.
2014 - Counsel to trade organization opposing ballot question setting minimum Hospital staffing levels and mandating disclosure of hospital financial information - ballot question withdrawn by proponents after legislative compromise.
2015 - City of Brockton - Special ballot question to approve gaming casino;
Question approved by the voters.
2017 - Counsel to citizens opposing Town of Milford zoning bylaw to prohibit retail marijuana sales; Question approved by the voters.
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