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Experience |
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Bill is a principal in the Washington, D.C., office where he devotes his practice to antitrust litigation and counseling, representing hospitals, health systems, health insurance plans, physicians, and other healthcare entities. His practice focuses primarily on representing clients in private treble-damage litigation and also in United States Department of Justice Antitrust Division, Federal Trade Commission and state antitrust enforcement agency actions involving exclusionary conduct by dominant firms, mergers, and contracting provisions or other collaborative activity between hospitals, physicians and health plans. Bill's private and government agency litigation frequently requires managing complex procedural issues, including large-scale electronic document discovery. In addition, Bill serves as an arbitrator or mediator in antitrust and other disputes between healthcare entities.
Formerly a Trial Attorney with the Health Care Task Force and later the Litigation I Section of the Antitrust Division, Bill has extensive experience leading investigations and litigation of both merger and non-merger civil antitrust cases in healthcare and other market sectors including the Antitrust Division's successful five-year litigation and trial in U.S. v. Dentsply International, Inc. He also managed the Joint DOJ/FTC Hearings on Healthcare and Competition Law and Policy in 2003 on behalf of the Department of Justice and was a moderator for several sessions during the Hearings.
Bill was selected by Nightingale's Healthcare News as one of ten "Outstanding Healthcare Antitrust Lawyers" for 2008. He is a frequent guest speaker at health care association conferences and meetings.
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Representative Cases |
Successfully obtained dismissal for a general acute-care hospital in a suit alleging antitrust claims based on revoking the privileges of physician-investors in a specialty hospital, and payor contracting. LRCC v. Baptist Health, 573 F.Supp.2d 1125 (E.D. Ark., 2008).
Successfully obtained summary judgment on behalf of a physician-owned specialty hospital in an antitrust suit involving termination of physician's hospital privileges. Schwartz v. Teuber, (S. Dakota Cir. Ct., 2008).
Successfully obtained summary judgment for American Urological Association in antitrust action involving allegations of standard-setting to exclude plaintiff's product. Neotonus, Inc. v. American Medical Association and American Urological Association, 554 F.Supp.2d 1368 (N.D. Ga., 2007), aff'd per curiam, 270 Fed. Appx 813 (11th Cir. 2008).
Successfully obtained dismissal for long term care pharmacy provider in a suit alleging claims under the Medicare Secondary Payer statute. Stalley v. Genesis Healthcare Corp. and Omnicare, Inc. (E.D. Pa. 2007).
Successfully obtained summary judgment for HMO in antitrust suit challenging provider contracting. Open MRI v. HPUOV, Inc., (W.Va. Cir. Ct. 2005; W. Va. Supreme Ct. 2006).
As lead counsel for the Antitrust Division, successfully obtained judgment enjoining the use of exclusionary practices by a dominant medical supplies manufacturer. U.S. v. Dentsply International, Inc. (D. Del. 2003), 399 F.3d 181 (3d. Cir. 2005).
Other litigated Antitrust Division cases:
U.S. v. UPM-Kymmene (N.D. Ill. 2003)
U.S. v. Long Island Jewish Medical Center (E.D. N.Y. 1997)
U.S. v. Delta Dental of Rhode Island (D. R.I. 1997)
U.S. v. Association of Family Practice Residency Directors (W.D. Missouri 1996)
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Publications & Presentations |
Moderator, "What to Do When the Antitrust Enforcers Come Calling," Antitrust and In-House Counsel Practice Groups, American Health Lawyers Association, 2009
Author and presenter, "Antitrust Implications of Competition Between Physician-Owned Facilities and General Hospitals: Competition or Exclusion," American Bar Association, Health Law Section, Washington Healthcare Summit, 2007; republished in The Health Lawyer, 2008; republished in Antitrust Health Care Chronicle, American Bar Association, Antitrust Section, 2008; republished in Health Law Alert
Contributor, "7 Physician Fee Myths," DecisionHealth White Paper, 2008
Author and presenter, "General Hospitals' Response to Physician-Owned Specialty Facilities: Competition or Exclusion," American Health Lawyers Association and American Bar Association, Antitrust Section, Antitrust in Healthcare, 2007
Presenter, "Antitrust Trends, Threats, and Risk," HRH Managed Care Organization Roundtable, 2006
Co-author with Christi J. Braun and James B. Wieland,
"Two Recent Decisions Regarding Antitrust and IPA Contracting: Further Guidance for Radiology Practices or Further Questions?" RBMA Bulletin, 2006; republished in Health Law Alert, 2006
Co-author with Christi J. Braun, "Efficiencies and Justifications for Physician Network Joint Contracting: The FTC's North Texas Specialty Physicians Opinion and Advocate Healthcare Arbitration Decision," Health Lawyers News, American Health Lawyers Association, 2006; republished in Health Law Alert, 2006
Co-author with Christi J. Braun, "Comparing and Contrasting the FTC's North Texas Specialty Physicians Opinion with the Advocate Arbitration Decision," Antitrust Health Care Chronicle, American Bar Association, Antitrust Section, Health Care Committee, 2006
Author and Presenter, "Full System Forcing: Business As Usual or Antitrust Time Bomb?" American Health Lawyers Association, Hospitals and Health Systems Institute; republished in American Bar Association, Antitrust Section, Healthcare Industry Committee, Antitrust Healthcare Chronicle, 2005; republished in Health Law Alert, 2006
Author, "'Improving Health Care: A Dose of Competition' The July 2004 Joint DOJ/FTC Antitrust in Healthcare Report's Practical Implications for Hospitals and Physicians," Health Lawyers News (American Health Lawyers Association); republished in Health Lawyers Weekly (American Health Lawyers Association); and Health Law Alert, 2005
Co-author with James B. Wieland, "The Federal Antitrust Enforcers' Latest Report: Implications for Radiology Practices," Radiology Business Management Association Bulletin, 2005
Presenter, "Antitrust Laws: Tightening the Noose on Physicians and Hospitals," 26th Annual Health Law Forum, East Carolina University, Brody School of Medicine, 2004
Presenter, "Antitrust and Anesthesiology Practices," Anesthesia Billing and Management Seminar, University of Chicago, 2004
Author, "Member Surveys — Beware of Antitrust Pitfalls," Nonprofits Legal Update, 2004
Co-author with James B. Wieland, "How Can They Do That? Hospitals' Exclusion of Physicians Who Affiliate With Competitors," Radiology Business Management Association Bulletin, 2004
Author and Presenter, "Antitrust Issues Affecting Physicians Today," American Health Lawyers Association Physicians and Physicians Organizations Institute, 2004 (republished in Health Lawyers Weekly, 2004)
Co-author with James B. Wieland, "Sharing Health Plan Reimbursement Information: Have the Standards Changed," Radiology Business Management Association Bulletin, 2004
Moderator, "Physician Information Sharing," Joint FTC/DOJ Hearings on Health Care and Competition Law and Policy, 2003
Moderator, "Health Insurance/Providers — Countervailing Market Power," Joint FTC/DOJ Hearings on Health Care and Competition Law and Policy, 2003
Moderator, "Health Insurance Monopoly Issues — Market Definition," Joint FTC/DOJ Hearings on Health Care and Competition Law and Policy, 2003
Moderator, "Single Specialty Hospitals," Joint FTC/DOJ Hearings on Health Care and Competition Law and Policy, 2003
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