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
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

 

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