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Edwin E. Brooks

Partner

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Practices
Industries
Education
  • DePaul University, JD, 1986
  • Alma College, BA, 1982
Admissions
  • Illinois
  • U.S. Court of Appeals for the 6th Circuit
  • U.S. Court of Appeals for the 7th Circuit
  • U.S. District Court for the District of Delaware
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Southern District of Illinois
  • U.S. Supreme Court
Affiliations

Board of Directors, Two Illinois Managed Care Organizations

Member and Appointed Vice-chair, Health Care Liability & Litigation Group, American Health Lawyers Association, 2010-present

Member, Chicago Advisory Committee, Alma College, 2010-2012

Member, Illinois Lawyer to Lawyer Mentoring Program, 2012 

Ed concentrates on business litigation and creditors’ rights. His national practice includes jury and bench trials, arbitrations, including international arbitrations, mediations, and appeals. Ed has a diverse practice but focuses in the healthcare and financial services industries where he represents payors, including managed care organizations, plans, providers and banks. He has handled numerous state and federal court appeals.

Ed also represents secured and unsecured creditors in restructurings and loan defaults. He handles litigation involving preferences, plan treatment, claims, fraudulent conveyances, and other matters unique to bankruptcy and distressed companies. He has also represented borrowers and debtors-in-possession in a number of significant bankruptcies.

Ed is an adjunct professor at Northwestern University Law School where, for 13 years, he has taught Trial Advocacy classes. Ed serves on the board of directors of two Illinois managed care organizations. At McGuireWoods, he serves on the Associates Committee, Contingency Fee Committee, and the McGuireWoods Council.

Ed is AV rated (highest rating) by Martindale-Hubbell and has been named an “Illinois Super Lawyer” in Business Litigation (top 5% of Illinois lawyers) since 2005. He has been named a Leading Lawyer in commercial litigation by the Leading Lawyers Network Magazine since 2007.

In 2009, Ed participated in the Advanced Leadership Program at Northwestern University’s Kellogg School of Management.

"I pride myself on anticipating our clients' needs and meeting their deadlines."
vCard
T: +1 312 849 3060F: +1 312 920 3681ebrooks@mcguirewoods.com77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

Lead counsel defending a managed care organization in a provider termination claim arising out of whistleblower action.

Lead counsel in an international arbitration claim for fraud and breach of a distribution agreement on behalf of a global generic pharmaceutical company.

Represented several banks in loan workouts, foreclosures, and related litigation.

Defended a generic pharmaceutical company in an alleged breach of a licensing agreement.

Defended a global generic pharmaceutical company in a claim for breach of a distribution agreement.

Represented a national energy company in an arbitration regarding an environmental remediation project.

Represented an unsecured creditor in one of America’s largest Ponzi schemes. The work uncovering this scheme perpetrated by Lou Pearlman was featured on CNBC’s American Greed on December 17, 2008, in a Vanity Fair article in November 2007, and a book titled The Hit Charade by Tyler Gray.

Lead counsel for a physician practice management company against a provider in a trial in the U.S. District Court for the District of Delaware over breach of contract and restitution claims.

Represented the owners and former CEO of a large home building company through Chapter 11 proceedings including adversary actions and plan confirmation.

As debtors’ counsel, prosecuted numerous claims for fraudulent conveyance, restitution, and breach of contract that netted full recovery to secured creditors of physician management practice companies.

Defended Medicaid managed care organization against a multimillion dollar reimbursement claim brought by a publicly traded pharmacy.

Represented two managed care organizations in a putative class action in the Circuit Court of Cook County, Illinois. Claim was brought by emergency room physicians for reimbursement at the “billed charge” rate. Dismissal was upheld on appeal.

Prosecuted and defended numerous emergency motions for temporary restraining orders and preliminary injunctions involving restrictive covenants, shareholder rights, and mergers and acquisitions.

Represented hospitals and health systems in claims over medical credentialing including injunctions to reinstate, claims for damages, and peer review proceedings.

Represented manufacturers in sales representative claims including two jury trials and summary judgment in federal courts in Michigan and Pennsylvania.

Represented a credit union against a bank in a check kiting scheme. Obtained summary judgment which was upheld on appeal.

Represented a bankruptcy trustee in a jury trial for breach of fiduciary duties relating to the sale of a business.

Prosecuted a claim for breach of a software agreement on behalf of a large integrated health system against a global company that developed and sold electronic health records software.

Arbitrated on behalf of a global food group in a breach of a manufacturing and sales licensing agreement.

Lead counsel in a bench trial on behalf of the Chapter 11 Trustee in U.S. Bankruptcy Court for the Southern District of New York over a failed 363 Sale. Judgment upheld on appeal.

Appointed by the U.S. District Court for the Northern District of Illinois to represent alleged Chicago gang member in a trial asserting prosecutorial misconduct.

Named to "Illinois Super Lawyers," Business Litigation, Bankruptcy & Creditor/Debtor Rights, Super Lawyers, Thomson Reuters, 2005-2012

Honoree, "Spotlight on Leaders," American Health Lawyers Association, 2009

Selected for inclusion in "Leading Lawyers," Commercial Litigation, Leading Lawyers Network, Law Bulletin Publishing Company, 2007, 2011

Selected as an "Outstanding Health Care Litigator," Nightingale's Healthcare News, 2005, 2006

AV Rated, Martindale-Hubbell

Co-author, "$500+ Million Jury Verdict Against Nevada Health Plans Potentially Expands Health Plan Liability for Provider Misconduct," Payors, Plans, and Managed Care Practice Group Member Alert, American Health Lawyers Association, April 17, 2013
Author, "Medical Loss Ratios: The Next Liability Landmine for Health Insurers," Healthcare Liability and Litigation Health Briefs, August 2012
Co-author, "PPACA Raises Potential Liability for Managed Care Organizations," Healthcare Liability & Litigation Newsletter, American Health Lawyers Association, May 2012
Co-author, "The Douglas Trio: U.S. Supreme Court Hears California Medicaid Rate Cut Cases," Healthcare Liability & Litigation Health Briefs, American Health Lawyers Association, October 2011
Co-author, "Fidelity Settles Class Action Lawsuit Alleging Collusive Reimbursement Practices," Healthcare Liability & Litigation Health Briefs, American Health Lawyers Association, October 2010
Co-author, "Former Tenet GC Escapes False Claims Liability on Procedural Grounds, Leaving Open Question of Personal Liability," Healthcare Liability & Litigation Health Briefs, American Health Lawyers Association, May 5, 2010
Author, "Illinois Courts Buck the Trend in Non-Participating Provider Reimbursement," Healthcare Liability & Litigation Health Briefs, American Health Lawyers Association, October 15, 2009
Author, "Court Allows Another Way to Pierce the Veil," Chicago Daily Law Bulletin, February 2006
Panelist, "Alternative Dispute Resolution: Streamlining the Arbitration Process With an Eye Toward Litigation Avoidance," Managed Care Disputes and Litigation, American Conference Institute, May 15-16, 2014
Co-Chair and Panelist, "Arbitration vs. the Courts – 5 Key Factors in Evaluating the Merits of Arbitration" and "Recent Trends and Key Issues in Connection with Managed Care," Healthcare Litigation Conference, McGuireWoods LLP, April 8, 2014
Speaker, "Health Law Institute Career Panel and IAHA Info Session," Law 101: Health Law, DePaul University College of Law, October 30, 2013
Speaker, "Managed Care Litigation - Trends and Developments," Minnesota Bar Association and CLE's 2013 Health Law Institute, June 6-7, 2013
Co-chair and Panelist, "Preparing Offensive and Defensive Litigation Strategies in Response to Creative Provider Claims," ACI’s 3rd Annual Advanced Forum on Managed Care Disputes and Litigation, May 9-10, 2013
Panelist, "Toolkit for a Workout - Thinking Beyond Bankruptcy," 10th Annual Healthcare and Life Sciences Private Equity and Finance Conference, McGuireWoods LLP and McGladrey LLP, February 27, 2013
Discussion Leader, "Current Trends and Developments," Healthcare Litigation Roundtable Series, February 19, 2013
Symposium Moderator, Litigating In the Red Zone: Efficiency and Fee Arrangements When the Stakes are High, October 11, 2012
Speaker, "Responding to Third Party Civil Subpoenas--A Practical Guide," Client Roundtable, October 3, 2012
Speaker, "Proactive Litigation Strategies for Defending Against Restrictive Covenants and Non-Compete Agreements," American Conference Institute's Advanced Forum on Healthcare Provider Disputes and Litigation, July 31, 2012
Speaker, 2nd Annual Best Practices Litigation Roundtable, McGuireWoods LLP, April 19, 2012
Speaker, "Handling Healthcare Arbitrations Effectively: Strategic Considerations in Determining Whether to Arbitrate, Selecting an Administering Organization and Structuring ADR Agreements," American Health Lawyers Association Roundtable Discussion, April 10, 2012
Speaker, Best Practices Litigation Roundtable, McGuireWoods LLP, July 14, 2011
Presenter, "The Archway Cookies Case: Don't Let the Cookie Monster Gobble Your Portfolio," Spring 2009 Private Equity Litigation & Bankruptcy Series, McGuireWoods Complimentary Webinar, April 14, 2009
Presenter, "Portfolio Company Turnarounds," Spring 2009 Private Equity Litigation & Bankruptcy Series, McGuireWoods Complimentary Webinar, April 15, 2009
Speaker, "Out of Network/Non-contracted Provider Disputes," McGuireWoods LLP Trends in Provider and Payor Relations Teleconference, April 16, 2008
Speaker, "Hot Topics in Physician Credentialing: Perspectives from the Front Line," Annual Health Law Symposium, October 2005
Speaker, "Medical Credentialing Litigation," BRIM Healthcare Inc. Conference, April 22, 2005