David J. Pivnick

Partner

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Practices
Industries
Education
  • University of Illinois College of Law, JD, summa cum laude, Order of the Coif, 2007
  • York University, BBA, with Distinction, 2004
Admissions
  • Illinois
  • U.S. Court of Appeals for the 7th Circuit
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Northern District of Indiana
Affiliations

Member, Chicago Bar Association

Member, American Health Lawyers Association

David's practice is focused on complex commercial litigation with an emphasis on healthcare litigation. He has represented and advised clients across the country, including hospitals, ambulatory surgery centers, pharmaceutical manufacturers, and medical device manufacturers, in a variety of matters involving managed care issues, contract law, restrictive covenants, trade secrets, injunctive relief, the False Claims Act, unfair competition, partnership disputes, and products liability. David has also provided clients with guidance on compliance issues and conducted internal investigations relating to compliance and other issues.

David currently serves on McGuireWoods’ Chicago office Recruiting Committee Associates Advisory Board. He is also an editor and contributing author to McGuireWoods' False Claims Act blog, The FCA Insider.

At the University of Illinois College of Law, David graduated first in his class and was the recipient of Rickert Awards for Excellence in Academic Achievement and in Service.

In the News

David J Pivnick
vCard
T: +1 312 750 3585F: +1 312 698 453977 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

Represented a hospital in a breach of contract action that was brought by its former CEO, in which the CEO was arguing that the hospital had breached his employment contract. The case proceeded to a jury trial and David obtained a directed verdict and judgment in favor of the hospital.

Represented an ambulatory surgery center in litigation in which a former physician member had challenged the redemption of his ownership interests in the ASC. David obtained the entry of summary judgment in favor of the surgery center.

Represented a medical device manufacturer in defending against a competitor’s claims that the manufacturer had breached certain non-compete obligations. After a five-day hearing, the Court denied the competitor’s motion for preliminary injunction and entered judgment in the underlying litigation in favor of David’s client, the medical device manufacturer.

Represented a hospital and obtained a dismissal of claims for improper billing that were brought under the federal False Claims Act.

Represented a physician group in responding to a Government investigation of allegations of wrongdoing under the False Claims Act, the Anti-Kickback Statute, and the Stark Law.

Represented a hospital in a breach of contract case in which a physician alleged that the hospital had breached an alleged obligation to purchase a medical practice. David obtained the entry of summary judgment in favor of the hospital.

Co-Author, "The False Claims Act and Managed Care: The Growing Target," Health Care Liability & Litigation Newsletter, April 2014
Co-author, "Unique Areas Of Risk In Ill.'s ICFPA," Law360, August 14, 2013
Co-author, "Key Considerations Regarding Healthcare Internal Investigations," Becker's ASC Review, November 9, 2010
Speaker, "Key Considerations in Drafting and Enforcing Physician Noncompete Agreements," Healthcare Litigation and Compliance Webinar Series, McGuireWoods LLP Webinar Series, May 23, 2017
Speaker, "Current Fraud and Abuse Enforcement Issues Faced by Providers," 15th Annual Business and Legal Issues in Dialysis and Nephrology Symposium, May 18, 2017
Speaker, "Part One: Healthcare Litigation - Out of Network, False Claims Cases and Antitrust Issues," Healthcare Webinar Series, March 9, 2017
Speaker, "HCP Relationships and Current Enforcement Issues," 8th Annual Pharmaceutical and Medical Device Conference, November 10, 2016
Speaker, Fall Healthcare Litigation Update, November 2, 2016
Speaker, "Litigation of ASCs - The Big Issues for ASCs," Becker’s ASC 23rd Annual Meeting: The Business and Operations of ASCs, Chicago, IL, October 27, 2016
Speaker, "A Look at Key Trends in Healthcare Litigation: False Claims, Non-Competes, Managed Care and More," 11th Annual Healthcare Provider Conference; Healthcare Finance and Growth, October 11, 2016
Speaker, Healthcare Fraud & Abuse Litigation, Healthcare Transaction Advisors Webinar, August 5, 2015
Moderator, "The False Claims Act – Key Considerations and Recent Developments," Annual Healthcare Litigation Conference, May 6, 2015
Moderator, "The Government’s Process for Evaluating Whistleblower Claims and Building Winning Cases," 13th Annual Business and Legal Issues in Dialysis and Nephrology Symposium, April 14, 2015
Moderator, "Top 10 Things Every Investor Should Understand about False Claims Investigation Trends and Effectively Spotting and Assessing Fraud and Abuse Risk," 12th Annual Healthcare and Life Sciences Private Equity and Finance Conference, February 18, 2015
Speaker, 10 Key Concepts and Recent Developments in False Claims Litigation, McGuireWoods LLP Complimentary Webinar, October 1, 2014
Speaker, Avoiding Health Care Fraud and Abuse: 2014 Update, The American Law Institute, May 21, 2014
Speaker, 10 Key Tips for Effective Business Writing, McGuireWoods LLP Complimentary Webinar, May 1, 2014
Speaker, Key Issues Relating to the Enforceability of Non-Compete Agreements, McGuireWoods Complimentary Webinar, April 29, 2014
Co-Chair and Panel Moderator, "Recent Trends and Developments Under the False Claims Act for Healthcare Providers and Medical Device Manufacturers"; Panelist, "7 Key Considerations for Non-Compete Agreements in the Healthcare Industry" and "8 Key Aspects of an Effective Internal Investigation," Healthcare Litigation Conference, McGuireWoods LLP, April 8, 2014
Speaker, YLS Health & Hospital Law Committee Meeting, The Chicago Bar Association, March 27, 2014
Speaker, 8 Key Trends in Healthcare False Claims and Antitrust Litigation, McGuireWoods LLP Webinar, March 12, 2014
Speaker, "Emerging Litigation Issues in Device Sectors – Thoughts and Observations," 5th Annual Medical Device and Life Sciences Conference: Innovation, Investing and Regulatory Issues, November 7, 2013
Speaker, Avoiding Health Care Fraud and Abuse: What You and Your Clients Need to Know, The American Law Institute Telephone Seminar, June 19, 2013
Speaker, "Emerging Topics Regarding Medicare/Medicaid,", The Chicago Bar Association, May 22, 2013
Speaker, "Litigation Topic: Key Considerations in Government," 11th Annual Business and Legal Issues in Dialysis and Nephrology Symposium, May 16, 2013
Speaker, Seven Emerging Issues in Stark, Kickback and False Claims Cases, McGuireWoods Webinar, March 6, 2013
Panelist, "A Discussion of the Government’s Heightened Enforcement Efforts and Implications for Defending False Claims Act Cases," Healthcare and Life Sciences Litigation – Responding to Increased False Claims Act Enforcement (FCA Webinar Series), June 6, 2012
Panelist, "False Claims, Anti Kickback Investigations and Other Common Issues of Litigation," Becker’s Hospital Review Annual Meeting, May 18, 2012
Presenter, "An Analysis of Recent Amendments to the False Claims Act and Evolving Defenses to Healthcare False Claims Act Allegations," Healthcare and Life Sciences Litigation – Responding to Increased False Claims Act Enforcement (FCA Webinar Series), April 24, 2012
Presenter, "An Overview of the Key Provisions of the False Claims Act and Mitigating Potential Healthcare False Claims Act Liabilities," Healthcare and Life Sciences Litigation – Responding to Increased False Claims Act Enforcement (FCA Webinar Series), March 15, 2012
Panel Moderator, "Q&A Panel: Will Evidence Based Medicine Kill Spine? Will Practice Acquisitions by Hospitals Kill ASCs? Should ASCs Employ Physicians? Where are the Profits in Pain Management?" and Presenter, "ASC Litigation – Can Non-Competes be Enforced? What to Do When the FBI or OIG Calls? How to Work with Payors," 18th Annual Ambulatory Surgery Centers Conference, October 27-28, 2011
Presenter, "ASC Litigation, Non Competition, Employee Litigation and Other Kinds of Litigation, Key Thoughts," and "Key Concepts for Conducting Internal Investigations," 9th Annual Orthopedic, Spine and Pain Management-Driven ASC Conference, June 10-11, 2011
Presenter, "Physician-Hospital Relationships – 5 Key Concepts For an Effective Internal Investigation and Defending False Claims Cases," Becker Hospital Review Annual Meeting: ACOs, Physician-Hospital Integration, Improving Profitability and Key Specialties, May 20, 2011
Presenter, "ASC Litigation, Non Competition, Employee Litigation and Other Kinds of Litigation, Key Thoughts," 17th Annual Ambulatory Surgery Centers Conference, October 21, 2010