Edwin E. Brooks Partner

Ed is a trial lawyer who concentrates in the healthcare, energy, manufacturing, and financial services industries. He appears in courts and arbitrations around the country and is a AAA panel neutral.

As national counsel for one of the largest government-sponsored health plans, Ed handles healthcare litigation around the country. Ed also represents healthcare providers including Chicago area hospitals, health systems, and nursing homes. In the energy sector, Ed has handled several significant matters for a Midwest natural gas transmission and electric generation utility.

Ed is an adjunct professor at Northwestern University Law School where, for sixteen years, he has taught Trial Advocacy classes. He was a board member for two Illinois managed care organizations. Ed was vice-chair of the Health Care Liability & Litigation Group of the American Health Lawyers Association for six years. At McGuireWoods, he served on both the Associates and Contingency Fee Committees.

His pro bono work ranges from veteran’s advocacy to prosecuting civil hate crime claims. Prior to law school, he managed political campaigns in Michigan.

Ed has presented on a wide range of topics in health care law, including managed care, where, for example, he served as Co-Chair of one of the premier managed care conferences. He also spoke on managed care issues to the Minnesota Bar Association. Ed also speaks on other topics including arbitration, litigation strategies, bankruptcy, and alternative fee arrangements. He is a frequent contributor to Healthcare Liability & Litigation Health Briefs, published by the American Health Lawyers Association and writes on health law topics for a range of other publications.

Ed’s work uncovering a Florida Ponzi scheme perpetrated by Lou Pearlman, founder of Backstreet Boys and ‘N Sync, was featured on CNBC’s American Greed, in theVanity Fair article "Mad About the Boys," on Investigation Discovery Channel’s Vanity Fair Confidential, and in a book titled The Hit Charade by Tyler Gray.

Ed is AV rated (highest rating) by Martindale-Hubbell and was selected for the American Health Lawyers Association "Spotlight on Leaders" list in 2009. Nightingale's Healthcare News has named him twice as to its roster of “Outstanding Health Care Litigators."

"I pride myself on anticipating our clients' needs and meeting their deadlines."

Experience

2017 Won case before the Board of Correction of Naval Records to correct Navy Captain’s military record for active duty points not awarded.  Spouse awarded retirement pay from date of retirement (25 years).

2017 Lead Counsel on behalf of managed care organization involving over 100,000 medical claims.

In 2016, lead counsel in a two week jury trial in Cook County, Illinois, defending a managed care plan arising out of a provider termination. Defense verdict after three hours deliberation.

In 2016, lead counsel on behalf of managed care payer in an Arbitration involving 50,000 medical claims.

In 2016, secured dismissal of class action involving payments to long-term care providers in NJ federal court.

Firm lead for government sponsored managed care health plan. Coordinate significant matters around the country involving provider disputes, delegated entities, fraud waste and abuse, internal investigations, recovery of overpayments, service fund issues, SIU, PBM matters, PLP issues, billing disputes, labor and employment, and regulatory issues.

Lead counsel defending a public utility over an alleged breach of a power purchase agreement for wind energy.

Lead counsel for the largest unsecured creditor in a Florida Ponzi scheme. 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, "Mad About the Boys," by Bryan Borrough, in November 2007; on Investigation Discovery Channel’s Vanity Fair Confidential on March 16, 2015; and in the book titled The Hit Charade by Tyler Gray.  Secured $18.6 million dollar judgment in state court.

Lead counsel defending former pharmacy owners from fraud and breach of fiduciary duty claims by sellers of closely held interest. Won summary judgment.

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

Lead counsel in a AAA arbitration defending a public utility in a claim regarding an environmental remediation project. Defense judgment.

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 in our clients favor. Upheld on appeal.

Lead counsel in a bench trial on behalf of a plaintiff debtor physician practice management company against a provider in the U.S. District Court for the District of Delaware. Judgment in favor of plaintiff.

Represented the owner and former CEO of a national 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.

Lead counsel for 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. Cased dismissed. 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.

Conducted two federal jury trials involving claims for breach of sales representative agreements.

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

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

Lead counsel in a Kane County jury trial for breach of fiduciary duties relating to the sale of a business.

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

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

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

  • DePaul University, JD, 1986
  • Alma College, BA, 1982

Adjunct Professor, Northwestern University Law School

Arbitrator, American Arbitration Association

Former Board of Director, Two Illinois Managed Care Organizations

Member, Dispute Resolution Service Council, American Health Lawyers Association, 2017-present

Member and Appointed Vice-chair, Health Care Liability & Litigation Group, American Health Lawyers Association, 2010-2016

Member, Chicago Advisory Committee, Alma College, 2010-2014

Member, Illinois Lawyer to Lawyer Mentoring Program, 2012 

  • 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

Named to "Illinois Super Lawyers," Business Litigation, Bankruptcy & Creditor/Debtor Rights, Super Lawyers, Thomson Reuters, 2005-2012, 2015-2017

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, 2016

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

AV Rated, Martindale-Hubbell

  • Co-author, Managed Care Quarterly Review: Issue 1, McGuireWoods LLP, September 2017
  • Author, Medicare Exhaustion and a Brewing Circuit Split?, McGuireWoods Legal Insights, August 23, 2017
  • Author, Dealing With the ‘AR Dump’: Don’t Accept the Spreadsheet, McGuireWoods Legal Insights, August 21, 2017
  • Co-author, "Key Considerations When Pursuing Overpayment Recoveries", Healthcare Liability & Litigation Newsletter, May 2017
  • Author, FEHBA Insurers Prevail on Subrogation and Reimbursement Rights, McGuireWoods Legal Insights, May 9, 2017
  • 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, April 17, 2013
  • Author, "Medical Loss Ratios ", Healthcare Liability and Litigation Health Briefs, August 2012
  • Co-author, "PPACA Raises Potential Liability for Managed Care Organizations", Healthcare Liability & Litigation Newsletter, May 2012
  • Co-author, "The Douglas Trio", Healthcare Liability & Litigation Health Briefs, October 2011
  • Co-author, "Fidelity Settles Class Action Lawsuit Alleging Collusive Reimbursement Practices", Healthcare Liability & Litigation Health Briefs, 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, May 5, 2010
  • Author, "Illinois Courts Buck the Trend in Non-Participating Provider Reimbursement", Healthcare Liability & Litigation Health Briefs, October 15, 2009
  • Author, "Court Allows Another Way to Pierce the Veil", Chicago Daily Law Bulletin, February 2006
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