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David J. Pivnick Partner

Chicago T +1 312 750 3585 F fax +1 312 698 4539
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Private equity firms, their platforms, healthcare providers, and health insurance companies regularly look to David J. Pivnick for guidance in positioning disputes favorably and litigation avoidance, responding to and addressing Government investigations, and handling active litigation in a manner that carefully considers the clients’ business objectives.

David’s practice is focused on complex commercial litigation with an emphasis on issues and disputes arising in the private equity and healthcare industries. David’s years of experience focused on representing clients in these industries has led to an in-depth knowledge of client expectations and of the relevant business considerations that allow David to provide practical and effective advice. He has represented and advised clients across the country in a variety of matters involving the False Claims Act, government investigations, contract law (including disputes relating to indemnification, breaches of representations and warranties, net working capital, earn-outs, and restrictive covenants), partnership disputes, managed care issues, injunctive relief, and unfair competition.

David’s clients include private equity firms, hospitals, insurance companies, physician practices, medical device manufacturers, and ambulatory surgery centers. David has led the representation of numerous clients in responding to government investigations and in defending against alleged violations of the False Claims Act and Anti-Kickback Statute, as well as having led internal investigations in connection with these statutes. David has also assisted multiple clients with successful disclosures under the OIG’s self-disclosure protocol.  David routinely assists clients with litigation analysis, including during transactional due diligence, in order to help clients prevent and minimize litigation and to assess litigation risk in connection with a transaction.

David currently serves as co-leader of the firm’s Healthcare Litigation and Enforcement Practice Group and serves on the firm’s Chicago office Recruiting Committee. He is also an editor and contributing author to McGuireWoods’ False Claims Act blog, The FCA Insider.

David regularly presents on a wide range of topics, including giving frequent presentations on issues and developments under the False Claims Act. David also speaks on other topics including litigation strategies, noncompete law, internal investigations, and compliance.

While earning his law degree from 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 Excellence in Service.

Experience
  • Represented a health insurance company in litigation that was brought under the False Claims Act alleging false claims arising out of purported violations of the Medicare Marketing Regulations. David was successful in obtaining the dismissal of the claims with prejudice and in having that dismissal affirmed on appeal.
  • Represented a private equity firm and its platform in asserting claims arising out of a significant net working capital dispute and obtained a judgment for several million dollars.
  • Represented a private equity fund and its platform in pursuing claims for breaches of representations and warranties, indemnification, and fraud against a seller and obtained a significant settlement for these clients.
  • Represented a physician practice in connection with a Government investigation alleging violations of the False Claims Act relating to the use of certain psychotherapy billing codes.
  • 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 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 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 managed care payer in an arbitration involving 50,000 medical claims that a hospital had claimed were either improperly denied or underpaid.
  • Represented a mail order pharmacy in connection with allegations that the pharmacy had violated the False Claims Act by engaging in purportedly unlawful marketing activities. David obtained the dismissal with prejudice of the allegations against the pharmacy.
  • Represented a group of orthopedic surgeons who were alleged to have violated the False Claims Act through the purported performance of surgeries in violation of teaching physician guidelines.
  • Represented an electronic health records company in responding to a Civil Investigative Demand that was issued by the Government and helped to persuade the Government to decline to intervene and the relator to dismiss the underlying qui tam lawsuit.
  • 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.
  • Conducted an internal investigation for a nonprofit organization relating to issues of improper billing and represented the client in connection with issuing a self-disclosure to the OIG under the Self-Disclosure Protocol.
  • Represented a physician-owned hospital in a breach of contract dispute in which a former owner challenged the redemption of his ownership interests in the hospital.
  • Represented physician owners of vascular access centers who were alleged to have violated the False Claims Act through the submission of claims for medically unnecessary services.
  • Represented a hospital in an administrative appeal of payments that had been improperly withheld by a Medicare Administrative Contractor. David was successful on the administrative appeal and obtained an award in which the client was paid the improperly withheld funds.

Events

Podcasts

Insights

  • Named a “Healthcare & Life Science Trailblazer,” The National Law Journal, 2020

Spotlight

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