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Biography

Matt has significant experience in health care contracting, defending health care clients in medical negligence matters, federal False Claims Act qui tam defense and other litigation involving claims of health care program fraud and abuse. He focuses on handling business and fiduciary litigation matters at the trial court and appellate levels, with an emphasis on complex litigation and class action matters; the defense of health care providers and manufacturers; contract disputes; trade secret and non-compete agreements; and ERISA and other benefits matters.

In addition to his litigation experience, Matt also focuses his practice on all aspects of federal and state privacy and data security issues, including HIPAA compliance, breach analyses, cybersecurity, and state data breach laws. He also routinely advises clients on compliance with federal and state anti-kickback laws, Stark law, Sunshine Act, Medicare Secondary Payer laws, pharmaceutical marketing rules and other regulatory matters. Additionally, his thorough knowledge of the health care arena enables him to effectively counsel clients through audits and investigations, administrative hearings and appeals, and enforcement actions, as well as providing training and strategic planning counseling to minimize risks related to non-compliance.

Other Info About Matthew

Experience

Legal Work Highlights

CBS Personnel Services LLC, et al. v. ARC Staffing, et al.

Counsel for plaintiffs alleging breach of employment agreements containing non-competition provisions, misappropriation of trade secrets and services in a staffing industry, and unfair competition. The case settled after CBS secured a preliminary injunction against the defendants.

National Health Care Litigation Counsel for Large Multi-State Provider

Serve as national litigation counsel to a large, multi-state provider, overseeing litigation and serving as lead counsel nationwide. By taking consistent positions on discovery and other issues in every case, clients are better positioned to avoid litigation potholes and arrive at more favorable outcomes.

Representation of National Insurer/Third-Party Administrator in ERISA Litigation

Successful handling and resolution of short-term and long-term disability denial of benefits claims under ERISA. Representative cases:

  • Storer v. Prudential Insurance Co. of America, et al.
    • Early resolution of case after successful mediation.
  • Wheeler v. Prudential Insurance Co. of America, et al.
    • Obtained decision in favor of long-term disability benefits plan leading to resolution on appeal.

Defense of Academic Medical Center in False Claims Act (FCA) Lawsuit

Representation of an academic medical center in a False Claims Act qui tam lawsuit alleging improper billing practices. The client was operating under a CIA at the time of the representation. The matter was resolved favorably for our client after extensive discovery, with no extension of the length of the CIA and no press release issued by the federal government.

False Claims Allegations Against Client Dismissed

Representation of an academic medical center in a False Claims Act (FCA) lawsuit involving allegations that the hospital lacked documentation to support its cost reports for GME expenses. The government declined intervention and the FCA claims were ultimately dismissed with prejudice without any payment.

Conducts Internal Investigations Relating to Potential Health Care Fraud and Business Conduct for Clients

Conducts internal investigations relating to potential health care fraud and other business conduct for clients across the health care spectrum, including a large health insurer, national long-term care and other providers, hospitals, physician practices, ambulance providers, therapy services providers, community mental health providers, DME suppliers, pharmaceutical and medical device manufacturers, laboratories, and others.

Representation of Health Care Clients in Alleged HIPAA Violation Investigations

Representation of numerous health care clients in OCR investigations relating to alleged HIPAA violations. The vast majority of these investigations have resulted in OCR deciding either: 1) no breach or violation occurred or 2) to close its investigation after the client’s response and documentation were provided.

Represents Clients with Security Breaches

Representation of clients in over 100 security breaches, including clients in the health care, financial and other industries, including state data breach laws.

Education

Law School

University of Notre Dame Law School, J.D., 2005 cum laude

Undergraduate School

University of Oklahoma, B.A., 2002

Bar Memberships

Matthew is licensed to practice in the following state(s):

Ohio

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