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

Eric Garber is presently on leave from our law firm, serving in his third Federal Judicial Clerkship. Prior to this clerkship, Eric’s work in our law firm as an Associate has involved representing and advising physicians, healthcare professionals, healthcare businesses, and other clients in a variety of contexts, both in and out of court. In representing our clients, Eric has drawn upon significant experience in civil/criminal litigation, corporate transactions, real estate, and administrative and regulatory proceedings. He previously 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 proceeding

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