David Pivnick

David J. Pivnick currently serves as a co-chair of the firm’s Healthcare and Life Sciences Industry Team. David’s practice is focused on complex commercial litigation with an emphasis on healthcare litigation.

He has represented and advised clients across the country in a variety of matters involving the False Claims Act, contract law, restrictive covenants, partnership disputes, managed care issues, injunctive relief, and unfair competition. David’s clients include 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, Anti-Kickback Statute, and Stark Law, as well as having led internal investigations in connection with these statutes. David has also assisted multiple clients with successfully completing 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. He has also represented clients in emergency proceedings and defeated claims for injunctive relief, as well as representing clients at arbitration and mediation.

David regularly presents on a wide range of topics relating to health care litigation, including giving frequent presentations on issues and developments under the False Claims Act. For example, David has conducted multiple CLE presentations for the Chicago Bar Association.  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, as well as receiving CALI Awards for Excellence in Torts, Civil Procedure II, Professional Responsibility, Jurisdictional Competition, and Juvenile Abuse and Neglect. In addition, David served as a judicial extern to the Honorable Harold Baker in the U.S. District Court for the Central District of Illinois.

EXPERIENCE :

• Represented a hospital and obtained a dismissal of claims for improper billing that were brought under the federal False Claims Act.
• 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 managed care payer in an arbitration involving 50,000 medical claims that a hospital had claimed were either improperly denied or underpaid.
• 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.
• 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 a podiatry practice that was alleged to have violated the False Claims Act through the submission of claims that were outside the podiatrists’ scope of practice.

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. District Court for the Northern District of Indiana
• U.S. Court of Appeals for the 7th Circuit
• U.S. District Court for the Eastern District of Wisconsin
• U.S. District Court for the Northern District of Illinois

Affiliations :

• Member, Chicago Bar Association
• Member, American Health Lawyers Association