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American Bar Association

Mission

The Health Law Litigation Committee strives to be the premier resource for healthcare litigators nationwide who wish to become informed of and engage in discussion and debate regarding current and emerging issues and trends in healthcare litigation. To that end, the committee undertakes several key initiatives designed to further this goal:


  • to provide timely and thoughtful information and analysis regarding current and emerging issues and trends in healthcare litigation through the use of the committee newsletter and website, periodic electronic alerts, and in-person and distance CLE and other programming

  • to provide committee members with the opportunity to network with other healthcare litigators nationwide through participation in subcommittee work, mentoring, networking events at the Section Annual Conference and ABA Annual meeting, and social media

  • to provide committee members with the opportunity to become involved in the leadership and substantive work of the committee and subcommittees

Getting involved is easy and the rewards are endless. If you are not already a member of the Health Law Litigation Committee, we encourage you to become a member today!

 


 
Announcements

New Health Law Book Now Available


An Introduction to Health Law Litigation Based on Contract and Government Claims (A. Krauss, ed.), is now available! Contract-based litigation can arise in a myriad of ways in the healthcare context. This book, written by the ABA Section of Litigation’s Health Law Committee, addresses the most common areas in which participants in the healthcare system face contract-based litigation. Each chapter serves as a standalone primer on a specific topic, and provides an overview of the relevant area of the law, along with practical advice on the issues that usually arise and a discussion of the strategies that practitioners usually employ when faced with a case in that area.


Topics covered include:


  • The pros and cons of litigation versus arbitration
  • Antitrust claims
  • Issues surrounding the licensing of healthcare facilities
  • Real estate claims
  • Privacy and cybersecurity claims
  • Intellectual property claims
  • Medicare and Medicaid audits
  • Employment law issues facing healthcare companies
  • The False Claims Act and qui tam actions
  • Narrow networks
  • Restrictive covenants and trade secrets
  • Disputes that arise in partnerships or closely-held corporations

Litigators seeking to gain experience in health law litigation, as well as those looking for guidance on a specific issue, will receive practical advice on how to try health law cases and suggestions for “issue spotting” and case management.


Speakers Wanted for Sound Advice Podcasts


Do you have any advice that you would like to share with your fellow ABA members? Try the Sound Advice podcasts—all you need is a smartphone and 15 minutes of time. We take care of the editing and posting. For more information, please contact Aaron Krauss.


Call for Articles


The Health Law Litigation Committee looks to publish timely, informative, and practical articles of use to lawyers practicing in the healthcare industry. If you would have an idea for an article, or would like to contribute one for publication, please contact one of the web editors—Eric Shannon and Andrew Kasper—or one of the newsletter editors—Grant Killoran or Tim Caprez.


Committee Book Projects

The committee is working on two books about healthcare litigation. We still are recruiting authors for chapters on the following topics:


  • Statutes of Limitation (including tolling, certificates of medical merit and venue)
  • Damages (including pain and suffering, loss of life's pleasures, lost wages and tort caps)
  • Settlement (including comp liens, Medicare set asides and subrogation issues)
  • Pharmaceutical Litigation (including failure to warn, pre-emption and the learned intermediary doctrine)

If you are interested in authoring a chapter, please contact the Health Law Litigation Committee book chair, Caldwell Collins, at cacollins@bakerdonelson.com.  


Join Our Monthly Conference Call

Please join us for our monthly committee-wide conference calls. These occur on the second Tuesday of every month, at 3 p.m. ET. The call-in number is:


United States Toll Free 855-507-4171

Conference code: 215 665 4181#


Subcommittee Chair Wanted

The Health Law Litigation Committee is actively recruiting a cochair for our Membership and Diversity Subcommittee. If you are interested in volunteering for this position, please contact Aaron Krauss


Health Law Litigation: Summer 2016 Newsletter

The latest edition of Health Law Litigation is now available.


 
Message from the Chairs

Dear Health Law Litigation Committee Members,


Welcome to the new ABA year!  We are working hard to plan our activities for the coming year.  These will include publication of new books, articles, and news stories; CLE meetings; and roundtable programs.  We need your ideas and energy, and now is the perfect time to get involved!  To learn how, please contact one of the committee chairs below.


Aaron Krauss

Denise Zamore


Cochairs, Health Law Litigation Committee



 
Message from the Editors

It is our goal to make the Health Law Litigation newsletter a useful and integral part of your practice. To this end, our articles will endeavor to cover a wide range of topics to assist you in your diverse areas of practice and keep you up to date on various aspects of health law litigation.


We need your help to make the newsletter a continued success. We rely on our members (and their colleagues) to submit articles for publication. These articles can be almost any length and can address nearly any topic related to the healthcare field or health law litigation. Please feel free to call or email us with your ideas for articles or your submissions. We look forward to hearing from you.


Timothy B. Caprez
Vice President & Chief Compliance Counsel
Exact Sciences Corporation
441 Charmany Drive
Madison, WI 53719
608.210.5120
tcaprez@exactsciences.com


Grant C. Killoran
O'Neil, Cannon, Hollman, DeJong & Laing S.C.
111 East Wisconsin Avenue, Suite 1400
Milwaukee, Wisconsin 53202
414.276.5000
grant.killoran@wilaw.com


Newsletter Editors, Health Law Litigation Committee



 
Subcommittees

Our active subcommittees include:


  • Elder Care
  • Government Regulation and Enforcement
  • HIPAA and Consumer Privacy & Security
  • Institutional Providers
  • Managed Care
  • Medical Professional Practices

 

  • Membership and Diversity
  • Newsletter
  • Procedural
  • Programming and CLE
  • Website and E-Communications

 
Navigant Partners

Wendy Weiss

Los Angeles, CA


John Stark

San Francisco, CA

 

 
Health Law Leadership
Cochairs Vice Chair Web Editors Newsletter Editors

Aaron Krauss

Philadelphia, PA


Denise Zamore

Hartford, CT


Caldwell Collins

Nashville, TN



CLE Chairs

Laura Marshall

Richmond, VA


Wendy Weiss

Los Angeles, CA


Eric Shannon

New York, NY


Andrew Kasper

Charlotte, NC


Book Subcommittee Chair

James Bush

Gainesville, FL


Timothy B. Caprez

Milwaukee, WI


Grant C. Killoran

Milwaukee, WI


Content Czar

Camille Kilmartin

Dallas, TX