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Litigating Issues in a Health Care Case


Level: Intermediate
Runtime: 58 minutes
Recorded Date: December 06, 2019
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Agenda

  • Revenue Cycle Issues
  • The Human Element
  • Role of State & Federal Government
Runtime: 58 minutes
Recorded: December 6, 2019

For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

Experienced practitioners are typically able to litigate the issues that arise in most chapter 11 cases in a similar manner, regardless of the industry of a particular debtor. In the health care context, however, the identities of the litigants are often different (government agencies, patient care ombudsmen, etc.), and more importantly, those litigants’ respective motivations may be vastly different than in a "typical" chapter 11 case. Economic considerations, the driver of most chapter 11 outcomes, are often superseded in a health care case by a party’s perceived public policy or reputational concerns.

This panel will discuss these differences and provide practical suggestions, based on their extensive experience, as to how attorneys and financial advisors can navigate these issues and reach a successful outcome for all stakeholders.

This program was recorded on December 6th, 2019.

Provided By

American Bankruptcy Institute
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Panelists

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Andrew H. Sherman

Member
Sills Cummis & Gross P.C.

Andrew H. Sherman is a member of Sills Cummis & Gross P.C. in Newark, N.J., and chairs its Creditors’ Rights/Bankruptcy Reorganization practice group. He has represented clients in a broad range of complex business reorganizations, debt restructurings and insolvency matters throughout the country. In addition to advising companies experiencing financial difficulties, Mr. Sherman routinely represents lenders and other parties in financings and acquisitions involving troubled companies. He has focused his practice on representing investment management firms in debt-restructuring matters, commercial workouts and chapter 11 cases in such cases as Motor Coach Industries Int’l Inc. and Marcal Paper Mills Inc. He has also represented unsecured creditors’ committees in 15 recent hospital bankruptcy cases, and has represented parties in significant commercial litigation in the New York and New Jersey federal and state courts.

Previously, Mr. Sherman was associated with Parker Chapin Flattau & Klimpl, LLP in New York City. He is a member of the American, New York and Essex County Bar Associations, ABI and the Turnaround Management Association, and he is a former master of the Bankruptcy Inn of Court. He is admitted to practice in New York and New Jersey, before the U.S. District Courts for the District of New Jersey and the Southern, Northern and Eastern Districts of New York, and before the U.S. Third Circuit Court of Appeals and the U.S. Supreme Court.

Mr. Sherman received his A.B. from Cornell University in 1988 and his J.D. from Cardozo School of Law in 1991.

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Margaret M. Newell

Assistant Director, Commercial Litigation
Department of Justice, Civil Division

Margaret M. Newell is an assistant director in the U.S. Department of Justice, Civil Division, Commercial Litigation Branch, Corporate/Financial Litigation Section in Washington, D.C. She has worked at DOJ since 1999 as a bankruptcy attorney representing federal government agencies in complex chapter 11 bankruptcy cases of large companies, generally those operating in highly regulated industries.

Prior to joining the Corporate/Financial Litigation Section, Ms. Newell represented debtors, lenders, creditors’ committees and individual creditors in chapter 7 and 11 corporate bankruptcy cases as an associate with Akin, Gump, Strauss, Hauer and Feld, LLP in Washington, D.C., and Richards, Layton and Finger, P.A., in Wilmington, Del.

Margaret received her B.A. with honors in English at the University of Notre Dame in 1992 and her J.D. cum laude from Georgetown University Law Center in 1996.

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Tania M. Moyron

Partner
Dentons

Tania M. Moyron is a partner in Dentons' Restructuring, Insolvency and Bankruptcy group. Tania has significant experience in bankruptcy, corporate restructuring and related litigation matters. She has represented Chapter 11 debtors, creditors’ and equity committees, liquidating trustees, principals and secured and unsecured creditors in all aspects of corporate bankruptcy. She also has advised buyers and sellers of assets in bankruptcy and receivership cases, including representation of a publicly traded real estate investment trust (REIT) and restaurant franchise.

Tania's representations span a variety of industries, including health care, retail, entertainment, trucking, commercial and residential real estate and restaurant franchise industries. She also has litigation experience in state and federal courts and appellate experience before the Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals, District Courts and the Ninth Circuit Court of Appeals.

Prior to joining Dentons, Tania gained experience in complex and challenging Chapter 11 cases at top-ranked national firms for business restructuring and bankruptcy. Tania also served as a judicial and appellate law clerk to the Honorable Christopher M. Klein, Chief Judge for the United States Bankruptcy Court for the Eastern District of California and former member of the Bankruptcy Appellate Panel of the Ninth Circuit Court of Appeals.

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David E. Gordon

Shareholder
Polsinelli

David counsels on business bankruptcies and insolvencies with a distinct focus on healthcare industry restructuring. David has a wide breadth of experience representing REITs, hospitals, lenders, landlords, healthcare systems, skilled nursing and assisted living facilities, purchasers of distressed assets, secured and unsecured creditors, committees, and other parties-in-interest in Chapter 11 reorganization proceedings, receiverships, and workouts throughout the United States.

His extensive experience in non-bankruptcy transactional and litigation in both state and federal courts allows him to understand all sides of the law. He routinely represents lenders in all areas of creditors’ rights litigation. David’s transactional experience includes representing purchasers in 363 sales and representing various parties in problem loan workouts, bridge loans and other financings, forbearance agreements, and other distressed transactions.

Prior to joining Polsinelli, David taught as an Adjunct Professor of Law at the Emory University School of Law for over seven years.


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