David A. Zarett
Shareholder / Director

Mr. Zarett, a founding member of the Firm, leads our litigation and administrative proceedings practice. He also serves as an Adjunct Professor of Law at Fordham Law School, where he teaches a class in Healthcare Law and Policy. For over 30 years, Mr. Zarett has focused his law practice on the representation of healthcare providers in state and federal courts, arbitration proceedings, and before numerous administrative bodies, such as:

  • Medical staff/clinical privileging disputes, intra-hospital hearings, Public Health and Health Planning Council appeals, and court challenges;
  • Physician employment disputes/terminations by hospitals, large health systems and multi-disciplinary practices;
  • State disciplinary (OPMC and OPD) investigations and proceedings;
  • Practice dissolutions, restrictive covenant cases, partner buy-out disputes;
  • Insurance plan terminations and non-renewals;
  • Resident physician and fellow grievance matters;
  • Coordination with the New York State the Committee for Physician Health.

Mr. Zarett also has extensive experience in representing physicians in transactional matters such as practice acquisitions by hospitals and health systems, institutional employment agreements, structuring the business arrangements between physicians and organizations such as hospitals, management service companies, ambulatory surgery centers, and most recently the inflow of private equity and venture capital investment into the healthcare industry.

Notable Cases

  • Representing numerous physicians in litigation over entitlement to MLMIC demutualization funds.
  • Representing voluntary attending physicians in economic credentialing administrative proceeding.
  • Represented several radiology practices in federal antitrust litigations against national radiology benefit management company.
  • Representing licensed home health agencies in arbitration to recover recouped managed care payments.
  • Represented ophthalmologists in state court litigation arising from wrongful termination of medical staff privileges due to failure to pay “Dean’s tax” to academic teaching hospital.

Faculty Appointments
  • Fordham School of Law, Adjunct Professor, Healthcare Law and Policy, 2017-Current
Education & Jurisdictions
  • Benjamin N. Cardozo School of Law, J.D., 1985
      • Law Review editor and member
      • Graduated first in class
  • University of Rochester, B.A., 1982
      • Cum Laude, High Distinction
  • Licensed in NY & NJ
Lectures
  • Mr. Zarett will be a panelist for a CLE presentation at the upcoming National Practitioner Data Bank webinar on Wednesday, April 21, 2021.
  • Mr. Zarett was a speaker at the Substance Abuse CME Webinar Series, Treating Physicians: A Roadmap Beyond the Pandemic on March 9, 2021 where he discussed how the COVID-19 pandemic prompted an unprecedented number of changes to the evaluation, treatment, and monitoring of physicians with substance use disorders including the unprecedented use of telehealth to deliver these services.
  • Mr. Zarett was a speaker at the ABA’s Physicians Legal Issues: Healthcare Delivery and Innovation Conference on September 23, 2020 where he discussed the best practices for managing staff privileges and discipline.
  • Mr. Zarett was chosen as one of the select few to speak at the Physicians Legal Issues Conference: Collaboration, Integration & Innovation at The InterContinental Chicago Magnificent Mile in Chicago, IL from September 12-14, 2019. He discussed Medical Staff Privileging Disputes Including Typical Problems and Practical Solutions.
  • Mr. Zarett was a panelist for a CLE presentation on the National Practitioner Data Bank (NPDB), sponsored by Strafford Webinars on February 14, 2019. This CLE webinar guided healthcare counsel on NPDB reporting obligations and recent changes to the requirements. The panel also addressed navigating through the gray areas of reporting and examined how the courts have dealt with thorny reporting issues. As the webinar was so well-received, it was re-broadcasted in mid-April 2019.
  • Mr. Zarett was a panelist at the National Practitioner Data Bank (NPDB) webinar. This CLE webinar guided healthcare counsel on NPDB reporting and the recent changes to the requirements. The panel also addressed navigating through the gray areas of reporting and examining how the courts have dealt with thorny reporting issues.
  • Mr. Zarett was one of several invited guest speakers for the annual meeting of NAMSS, the National Association of Medical Staff Services in September 2013. Mr. Zarett gave a presentation entitled “Legal Considerations Affecting Credentialing Decisions: The Physician’s Perspective,” which discussed a wide variety of legal issues facing physicians involved in credentialing activities. Topics discussed included the administration of the credentialing process, “due process” mechanisms to challenge adverse credentialing decisions, and reporting obligations to the National Practitioner Data Bank and state licensing authorities.
  • Mr. Zarett spoke at the 2013 Healthcare Conference, sponsored by the Foundation for Accounting Education, on legal developments regarding the acquisition of medical practices by hospitals and large multi-specialty practices.
  • Mr. Zarett was asked to guest lecture at Hofstra Law School in 2015 and 2011 on the subject of antitrust considerations in the healthcare industry.
Honors and Awards
  • Super Lawyers, 2013-2021
  • Top 100 Registry, 2019
  • Top Attorneys in the New York Metro Area, 2019
  • Nassau County Bar Association, Co-Chair of “Hospital and Health Law Section,” 2011-2013
Publications

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.