Matthew S. Arend

Experience

National Health Care Litigation Counsel for Large Multi-State Provider

Serve as national litigation counsel to a large, multi-state provider, overseeing litigation and serving as lead counsel nationwide. By taking consistent positions on discovery and other issues in every case, clients are better positioned to avoid litigation potholes and arrive at more favorable outcomes.

Representation of National Insurer/Third-Party Administrator in ERISA Litigation

Successful handling and resolution of short-term and long-term disability denial of benefits claims under ERISA. Representative cases:

  • Storer v. Prudential Insurance Co. of America, et al.
    • Early resolution of case after successful mediation.
  • Wheeler v. Prudential Insurance Co. of America, et al.
    • Obtained decision in favor of long-term disability benefits plan leading to resolution on appeal.

Defense of Academic Medical Center in False Claims Act Lawsuit

Representation of an academic medical center in a False Claims Act qui tam lawsuit alleging improper billing practices. The client was operating under a CIA at the time of the representation. The matter was resolved favorably for our client after extensive discovery, with no extension of the length of the CIA and no press release issued by the federal government.

False Claims Allegations Against Client Dismissed

Representation of an academic medical center in a False Claims Act lawsuit involving allegations that the hospital lacked documentation to support its cost reports for GME expenses. The government declined intervention and the FCA claims were ultimately dismissed with prejudice without any payment.

Conducts Internal Investigations Relating to Potential Health Care Fraud and Business Conduct for Clients

Conducts internal investigations relating to potential health care fraud and other business conduct for clients across the health care spectrum, including a large health insurer, national long-term care and other providers, hospitals, physician practices, ambulance providers, therapy services providers, community mental health providers, DME suppliers, and others.

Representation of Health Care Clients in Alleged HIPAA Violation Investigations

Representation of numerous health care clients in OCR investigations relating to alleged HIPAA violations. The vast majority of these investigations have resulted in OCR deciding either: 1) no breach or violation occurred or 2) to close its investigation after the client’s response and documentation were provided.

Represents Clients with Security Breaches

Representation of clients over 100 security breaches, including clients in the health care, financial and other industries, including state data breach laws.

CBS Personnel Services LLC, et al. v. ARC Staffing, et al.

Counsel for plaintiffs alleging breach of employment agreements containing non-competition provisions, misappropriation of trade secrets and services in a staffing industry, and unfair competition. The case settled after CBS secured a preliminary injunction against the defendants.

Defense Contracting Company v. Veteran-Owned Defense Contracting Company

Had principal responsibility for defending a veteran-owned defense contracting company and its two principal owners against allegations that they improperly hired a former employee of a competitor and misappropriated the competitor's trade secrets in a "bet the company" case. Also prosecuted a counter-claim against the competitor for antitrust violations. The case settled favorably shortly before a scheduled three-week jury trial.