Our health law attorneys represent hospitals, physicians, managed care organizations and other health care providers throughout the Southeast as counsel on corporate, tax and regulatory matters. We also represent our health care clientele in a variety of health care related areas, including labor and employment, antitrust, employee benefits, intellectual property, financing, securities, and general litigation.
Regulatory Practice and Medicare and Medicaid Experience and Capabilities
Our attorneys represent health care providers on Medicare and Medicaid payment issues. We have extensive experience in handling Anti-Kickback, Stark, and other fraud and abuse issues relating to hospitals, physicians and managed care organizations, and are knowledgeable regarding guidance and the enforcement policies of the Office of the Inspector General (OIG) and the Centers for Medicare and Medicaid Services (CMS).
We have represented hospitals in connection with the Justice Department's investigation of Medicare reimbursement matters, Anti-Kickback and Stark issues and the civil False Claims Act. We assisted clients in establishing and implementing corporate compliance programs. We represent both physician and hospital clients in matters relative to Medicare and Medicaid billing violations (administrative, criminal and civil).
Our attorneys represent clients in EMTALA matters, including OIG hearings, negotiations with the OIG and administrative appeals. We have assisted clients in complying with TJC requirements, and in drafting corporate and medical staff bylaws. We advise clients frequently regarding consent issues and medical record-retention issues.
With regard to state law matters, we advise clients regarding certificate of need laws, Louisiana hospital service district laws and licensure issues. Our health care attorneys stay abreast of Division of Medicaid developments and frequently advise clients regarding Medicaid issues, including payment issues.
We closely monitor Medicare developments and frequently comment on proposed rules on behalf of our clients. We routinely represent clients interested in Medicare provisions in the federal budget bills. We have represented clients' interests to congressional delegations, and we stay abreast of both federal and state health care legislative developments. Because we have excellent relationships with CMS and OIG officials, we are in a position to obtain an authoritative answer to issues that the published rules and regulations may not address.
We handle administrative appeals before the Provider Reimbursement Review Board and have represented groups of hospitals regarding the Medicare disproportionate share statute and other payment issues.
Our lawyers advise clients about the proper structure of provider relationships to avoid antitrust violations, including physician hospital organizations and independent physician associations, implementing messenger model guidelines and counseling providers and rendering opinions in connection with issues regarding collaboration on prices, division of markets, issues of exclusivity and Robinson-Patman questions. Additionally, we assist clients in developing and implementing corporate compliance programs regarding antitrust issues.
Managed Care Experience and Capabilities
Our health law attorneys represent health care clients in a variety of managed care matters, including:
Additionally, our lawyers are familiar with the ERISA issues involved in establishing managed care plans, the scope of preemption, the requirements for SPDs and related documents, the risks of "bad faith" liability and the preemption doctrine as it relates to possible "bad faith" liability.
We have prepared medical staff bylaws for various managed care organizations and hospitals, including policies and procedures with respect to credentialing and delineation of privileges. We are familiar with the issues that typically arise in managed care organizations with regard to credentialing and re-credentialing, delineation of privileges, deselection, and other matters including antitrust issues. We have participated in numerous administrative hearings and litigation.
Our health law attorneys represent hospitals, physicians, managed care organizations and other health care providers throughout the Southeast as counsel on corporate, tax and regulatory matters. We also represent our health care clientele in a variety of health care related areas, including labor and employment, antitrust, employee benefits, intellectual property, financing, securities, and general litigation.
Our intellectual property practice focuses on advising clients in all aspects of intellectual property law, including trademarks, copyrights, patents, and trade secrets. Our attorneys have significant experience in the prosecution of patents and the registration of trademarks before the United States Patent and Trademark Office, as well as the registration of copyrights with the United States Copyright Office. We are actively involved in the enforcement of all intellectual property rights, and our litigation experience includes the prosecution and the defense of claims of patent, trademark, and copyright infringement, misappropriation of trade secrets, as well as appended claims of unfair competition.
The firm represents a variety of clients seeking to obtain patent protection for new inventions. The practice includes the filing and prosecution of patent applications (provisional, utility, design, reissue, and reexamination) before the U.S. Patent and Trademark Office, as well as international applications using the benefits of the Patent Cooperation Treaty (PCT). A variety of art fields have been encompassed within these efforts, including chemical processes, industrial tools and devices, manufacturing methods and devices, communications systems and various computer software assisted technologies. Further, the firm continues to both prosecute and defend clients in patent infringement litigation in numerous federal court venues across the Gulf Coast, as well as counsel clients on licensing and transfer issues related to patented technology.
Similarly, the firm represents numerous clients in the protection and registration of trademarks and service marks, both at the federal level before the U.S. Patent and Trademark Office, internationally (via the Madrid Convention Agreements), and with numerous state offices. Federal registration practice includes opposition and cancellation proceedings within the trademark office. Enforcement and defense of trademark rights continues in both federal and state forums. Trademark and service mark advice includes front-end counseling and term-searching, so that our clients have the information needed to select a mark that can be both protected and free from affirmative claims by others.
Our intellectual property lawyers handle copyright registration for all works of authorship with the U.S. Copyright office. The firm has both defended and prosecuted complex copyright infringement claims in a variety of forums. Advice regarding the securing and transferring of copyright interests, and the contractual agreements needed to accomplish these goals are provided to our clients.
We represent clients from a variety of industries, including computer programming, communications, and manufacturing, as well as clients involved in disputes over insurance coverage and defense obligations for these claims.
Now more than ever, corporations are faced with financial restructuring issues and need swift and experienced counsel to help resolve complicated matters.
When facing financial distress, companies must act swiftly to avoid assuming additional debt. Phelps’ team can help explore your options, with bankruptcy as a last resort.
Steadfast Counsel for Bankruptcy and Reorganization
Phelps’ Bankruptcy practice holds decades of experience in representing clients in all aspects of restructuring and insolvency. Our team can guide you through seeking non-bankruptcy alternatives to reduce debt through other avenues, securing new sources of capital or negotiating and preparing for Chapter 11, 7 and 13. We can protect interests through solutions that create and preserve value, from first-day pleading to plans of reorganization or litigation, if necessary.
We have provided counsel for clients in the oil and gas, retail, banking, landlord, telecommunications, healthcare and construction industries. For the largest fraudulent conveyance action ever filed in the State of Louisiana, we helped numerous corporate and individual clients pursue more than $100 million in claims.
Underwriters, claim professionals and brokers turn to Phelps for clear and actionable advice around coverage issues, disputes and litigation.
With more than 50 years of experience in the London market, we are an international leader in meeting the needs of underwriters, claim professionals and brokers through our commitment to excellence in counseling, coverage dispute resolution and litigation. Our lawyers have developed an understanding of the issues that affect underwriters, claims professionals and brokers with more than 100 years serving the insurance industry. Our deep knowledge allows us to evaluate issues and develop positions borne out of fundamental insurance principles and our clients’ commercial goals.
We routinely deal with insurance and reinsurance policies as commercial instruments of risk management and transfer. Our perspective allows us not only to deal with the unusual and cutting-edge strategies in place today, but approach problems with the knowledge that the matter at hand may have an impact on future issues or claims. We take pride in the insight and the analytical skills that our attorneys bring to matters our clients entrust to us.
In today's environment, employers must deal with a number of workplace challenges that can affect the company's productivity and threaten the bottom line. We provide sophisticated experience and strategic advice that enables our clients to maximize employee relationships, minimize risk and navigate the often highly complicated and regulated workplace environment to achieve business objectives.
Our labor and employment team, consisting of more than 40 lawyers located throughout the region, is dedicated to partnering with our clients to achieve their business objectives. We believe in counseling proactively and planning strategically with employers, with the goal of avoiding litigation where possible, and achieving cost efficient results when litigation is the best or preferred solution. Because we believe good planning is the best way to achieve business objectives and avoid employment issues, we make it our business to share knowledge and experience with clients through ongoing training and education, including seminars, breakfast briefings, newsletters, and email alerts with updates on breaking employment law news.
Phelps Dunbar's labor and employment practice group provides valuable solutions to large and small, public and private employers, across the spectrum of employment law and employee benefit issues, including labor relations, employment discrimination and harassment, wage and hour, safety and health, leaves of absences, compensation issues, union concerns, civil rights and constitutional law issues, immigration, pension and welfare plan design and administration, as well as regulatory compliance and human resources issues. Our lawyers participate in all phases of state and federal court litigation and arbitration, and have experience in a broad array of administrative charges and investigations before federal, state and municipal administrative agencies.
Defending clients through complex, high-stakes litigation matters.
With more than 150 lawyers focusing on litigation, Phelps brings high level skill to all forms of dispute resolution on behalf of our clients. We understand your business and the problems you face. That’s why we’ll always work with you every step of the way to find effective solutions. Our attorneys have been called upon to represent both plaintiffs and defendants in multi-million dollar class actions, major bankruptcies, high profile breach of contract claims and significant securities cases. Whether through arbitration, mediation, litigation or appeal, our attorneys will execute strategies tailored to your objectives.
Real estate is a relationship business. The who, how and when can be just as important as the how much. From multibillion-dollar developments to commercial leasing and real estate finance, Phelps has the team you need to make the deal you want.
We routinely represent large or emerging commercial and industrial developers and other property owners, as well as commercial, retail and industrial lessors and tenants and banks and investment companies in a variety of real estate transactions. We focus on creative problem-solving for our clients in a cost effective, responsive and professional manner.
Our real estate lawyers have varied experience representing clients in the preparation of commercial and industrial leases. We represent both landlords and tenants on both long-term and short-term leases. Our lease experience includes free-standing facilities, office complexes, malls, strip shopping centers and mixed used centers, and industrial ground leases.
Many of our clients are major banks involved in the financing of major construction projects for single- and multi-family residential, commercial and entertainment facilities. In such projects, we draft construction loan agreements, review title and other information and prepare documentation necessary to perfect the lender's security interest in the project.
Phelps Title Agency, a division of the firm, provides title insurance services to our clients and lenders. As an agent for both First American Title Insurance Company and Lawyers Title Corporation, Phelps Title Agency has extensive experience in the issuance of title policies and the analysis of various underwriting risks. We also have considerable experience in endorsements to the policy jackets to confirm that our clients are provided adequate coverage for the risks involved.
Finally, our practice includes counseling clients on the issues of donating real property to family members, public and private foundations, and charitable and educational institutions. Concerns over fractional ownership interest, partitions, unknown environmental liabilities and management are also addressed.
Companies and their management are increasingly the target for government scrutiny. Knowing your options and how agencies operate can turn a potentially damaging investigation into a smooth resolution. Phelps’ team of former federal prosecutors are experienced in conducting internal investigations and defending against criminal, civil and regulatory actions while keeping your reputation intact.
Phelps has the deepest bench of former U.S. Attorneys and Assistant U.S. Attorneys in the region. Justice Department experience informs our ability to protect and defend clients in an efficient and cost-effective manner. We understand the pressure agencies face and how to navigate the motivations involved in white collar and internal investigations. This allows us to map out next steps while keeping reputation and risk management in mind. Our seasoned defense counsel are strategically positioned throughout the Southeast to work closely with clients and agencies, preferring to quietly resolve sensitive situations with little or no public scrutiny. But we never shy away from aggressive advocacy in the courtroom if that is the best path forward.
In white collar matters, our work for clients begins long before a grand jury convenes. We conduct exhaustive internal investigations, use innovative technology to forensically review and analyze volumes of documents, and aggressively advocate with government investigators and prosecutors to close files without filing charges. Securing dismissals of investigations before indictment and out of the public spotlight are some of the best outcomes we’ve secured for clients.
Clients’ troubles do not end after white collar matters have been closed. Our litigators defend clients in proceedings stemming from investigations, including subpoenas, civil False Claims Act lawsuits and forfeiture actions, administrative proceedings, government audits, investigations by other governmental agencies, shareholder derivative lawsuits, and related state investigations.
Once we’ve managed an investigation, we can incorporate lessons learned into company policies and training programs to help avoid future issues. We also proactively develop and improve corporate compliance programs to prevent or minimize the chance of future investigations. We work closely with our colleagues in cybersecurity, employment, environmental and other areas to arrive at solutions that make pragmatic sense.
