Eric J. Garber

Of Counsel
Picture of Eric Garber
eric@hamillittle.com
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Atlanta Phone: (404) 685-1662
Augusta Phone: (706) 722-7886
Fax: (404) 685-1663

Augusta Office
Enterprise Mill
1450 Greene Street, Suite 3600
Augusta, GA 30901

Atlanta Office
Four Seasons Building
75 14th St NW
#2840-B
Atlanta, GA 30309

top rated lawyers 2016
Seasoned Business and Litigation Counsel for Healthcare Providers. Former Federal Law Clerk. Order of the Coif.

Eric Garber represents and advises physicians, healthcare professionals, healthcare businesses, and other clients in a variety of contexts, both in and out of court. In representing our clients, Eric draws upon significant experience in civil/criminal litigation, corporate transactions, real estate, and administrative and regulatory proceedings. He served as law clerk to both Hon. Dudley H. Bowen, Jr. and Hon. J. Randal Hall of the U.S. District Court for the Southern District of Georgia. Eric graduated Magna cum Laude from the University of Georgia School of Law, where he was inducted as a member of the Order of the Coif and served as a board member for the Georgia Law Review, as well as Summa cum Laude from the University of Florida's Warrington College of Business, where he majored in Business Economics and minored in Entrepreneurship.

Representative Engagements

Litigation and other disputes

  • Representation and advice regarding prospective or pending healthcare, business, and other civil disputes in federal, state, and local courts, including but not limited to:
    • Pre-litigation counseling and negotiation
    • Pre-trial procedures, including discovery and motion practice
    • Alternative dispute resolution, including mediation and arbitration
    • Pre- and post-judgment relief, including temporary restraining orders, preliminary/permanent injunctions, and other equitable and non-monetary relief
    • Appeals and post-judgment remedies
    • Domestication of foreign judgments and pursuit of garnishments, liens, and other creditors' rights
    • Witness and third-party representation, including responding to non-party subpoenas, deposition, and document/information requests
  • Representation and advice during internal, administrative and regulatory proceedings, including but not limited to:
    • Medical board and other license-related proceedings and appeals, including reinstatement proceedings and administrative/institutional licensure
    • National Practitioner Data Bank (NPDB) proceedings and appeals
    • Credentialing, privileging, and bylaws/rules disputes
    • Certificate of Need (CON) matters
    • Equal Employment Opportunity Commission (EEOC) investigations and related proceedings

Non-litigation

  • Structuring healthcare, business and employment transactions and preparing relevant documents, including but not limited to:
    • Forming new – and restructuring old – legal entities and joint ventures
    • Ownership/operating agreements and bylaws
    • Purchase, sale, lease, service, management, and agency agreements
    • Physician and employee-related contracts, including employment, confidentiality, non-compete/solicitation, and severance agreements
    • Employment-related services, including developing internal policies and procedures, performing background checks, and advice regarding termination and other adverse employment decisions
  • Legal counseling, including but not limited to:
    • Regulatory-compliance counseling, including application of the Stark Law, the Anti-Kickback Statute, Civil Monetary Penalties Law, self-referral laws, corporate practice of medicine laws, HIPAA/HITECH, anti-discrimination laws, and other relevant laws and regulations
    • Advice and assistance concerning
Practice Areas

Business Litigation
Breach of contract litigation. Business tort litigation. Complex litigation. Business divorce, dissolution disputes and ownership litigation. Shareholder and partnership litigation and ownership disputes. Insurance disputes. Declaratory judgment. Landlord/Tenant rights. Creditors’ rights. Commercial Litigation. Representation before federal, state, and local courts and administrative agencies. Pre-litigation counseling. Pre-trial procedures. Alternative Dispute Resolution, including mediation and arbitration. Injunctions, specific performance, and other non-monetary relief. Post-judgment relief and enforcement, including domestication of foreign judgments. Intellectual property law. Landlord/Tenant rights. Personal injury. Premises liability, products liability, torts (including fraud and tortious interference), declaratory judgments, liens, and receivership.

Health Law
Litigation and administrative hearings. Medical Board disputes. Reimbursement appeals. Fraud investigations and medical audits. Regulatory compliance. Medicare/Medicaid issues. STARK/physician self-referrals. Qui tam investigations. Medical practice formation and ownership agreements. Concierge and direct pay medicine set up. Contracts and transactions. Dissolution, partnership disputes, buy-outs.

Business Law
Contracts and leases. Business formation and operations. Ownership agreements. Dissolution.

Employment Law
Physician employment contracts and compensation disputes. Whistleblower cases. Illegal retaliation and discrimination. Overtime and wage/hour matters. Background checks. Non-compete, non-solicitation and other restrictive covenants and agreements. Title VII, Section 1981, ADAAA and FMLA. Severance agreements. Background checks and hiring policies and procedures. Confidentiality, non-compete, non-solicitation and other restrictive covenants and agreements. Federal and state employment law statutes. Employment contracts. Severance agreements. Termination decisions. EEOC investigations.

Industry Areas

Healthcare (litigation and transactions)

Business (litigation and transactions)

Employment (litigation and transactions)

Real Estate (litigation and transactions)

Tort & Premises Liability

Family Law & Domestic Relations

Admitted Bars

Georgia State Bar, 2012

Admitted to practice before all courts of the State of Georgia

United States District Court for the Southern District of Georgia

California State Bar, 2018 (pending)