We’re flattered that Chambers and Partners quoted one of our clients as saying, “One of my top, if not the top, trial firm in the country.” But civil litigation is only the beginning. Whatever complex problem confronts you, chances are we have the expertise and experience to help.
Read about the FirmStarnes Davis Florie is firmly committed to the values of diversity and equality. We believe our firm is strengthened by the broad range of backgrounds, experiences, and voices represented by our attorneys and staff.
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Starnes Davis Florie is more than just one of the nation’s leading civil litigation firms. It’s also a great place to work. In fact, we were named one of Birmingham’s Best Places to Work by the Birmingham Business Journal, in recognition of our culture of employee engagement, retention, and loyalty.
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We’re flattered that Chambers and Partners quoted one of our clients as saying,
One of my top, if not the top, trial firms in the country.
But civil litigation is only the beginning. Our attorneys excel in a broad range of practice areas. In fact, whatever complex problem confronts you, chances are we have the expertise and experience to help.
The Complex Litigation team at Starnes Davis Florie provides comprehensive solutions for clients facing major exposure and “bet the company” litigation. Our focus is to provide clients with an early assessment of the risks they face and guide them on a clear path through the fog of issues complex litigation can create.
Our lawyers excel at identifying, developing and executing pragmatic solutions at every stage of litigation and/or resolution. These large-scale actions are characterized by myriad legal issues and moving parts that require a creative and sophisticated resolution strategy to minimize exposure and costs. The attorneys at Starnes Davis Florie have the knowledge and experience to help our clients through even the most complex litigation.
The lawyers of Starnes Davis Florie are well-versed in all facets of the post-trial and appellate process, with experience as varied as the firm’s broad litigation practice. The firm has handled hundreds of appeals, including a number of landmark cases, in a variety of state and federal appellate courts as well as the United States Supreme Court. The firm’s lawyers have had regular opportunities to present oral arguments before the Alabama Supreme Court, the 11th Circuit Court of Appeals, and the 5th Circuit Court of Appeals.
The firm’s appellate practice includes handling appeals in cases litigated by the firm as well as involvement in cases in which the firm is retained post-verdict to assume responsibility for preserving a favorable verdict or seeking reversal of an adverse verdict. The firm’s Appellate Practice Group is focused strictly on such advocacy, assisting clients who require appellate counsel during trial, preparing amicus curiae briefs and intervening in appeals on behalf of particular industry or professional groups, as well as involvement in appellate issues and written advocacy during the pretrial and post-verdict periods.
The Supreme Court of Alabama appointed Sybil Newton, who heads the firm’s appellate practice, to serve as a member of the Standing Committee on Alabama Rules of Appellate Procedure. This Committee works with the Supreme Court of Alabama on proposals for revising or adopting new rules of appellate procedure. Sybil has served continuously on that Committee for a decade.
Starnes Davis Florie’s appellate division was listed in the top band as one of Alabama’s Highly Recommended firms for the Eleventh Circuit Litigation in Benchmark: Appellate. Sybil Newton has also been recognized in the publication as a Leading Appellate Practitioner in the Eleventh Circuit.
From drafting and revising clients’ arbitration clauses to compelling arbitration of claims to serving as arbitrators, Starnes Davis Florie provides a full service arbitration practice.
Attorneys with Starnes Davis Florie serve as national arbitration counsel for a variety of clients and regularly appear in arbitrations administered by major forums such as the American Arbitration Association, JAMS, the National Arbitration Forum, and the NASD.
The firm draws from a vast field of arbitration experience, which includes matters such as consumer finance disputes, business-to-business matters, nursing home cases, employment issues, and international claims, among others. The firm’s attorneys arbitrate matters in multiple jurisdictions, ranging from two-party disputes to complex arbitrations.
Starnes Davis Florie has played a major role in enforcing arbitration provisions in jurisdictions traditionally adverse to alternative dispute resolution. The firm emphasizes compelling arbitration of claims improperly filed in court in breach of arbitration provisions.
Starnes Davis Florie is regularly called upon to defend clients in various industries in class actions around the country. In the last several years, the firm has defended over 70 national and state-wide class actions, often in cases involving novel or ground-breaking theories, with potential industry-wide impact.
The firm has particular class action experience in the areas of consumer finance, securities, products liability, employment, ERISA, and insurance. Starnes Davis Florie has served as coordinating counsel when clients have been confronted with multiple class actions in multiple jurisdictions.
Specific recent experience includes:
Starnes Davis Florie has successfully defended corporate clients in a wide array of commercial disputes ranging from antitrust to construction to data security issues. The attorneys at Starnes Davis Florie strive for a complete understanding of our clients’ businesses and goals to assist effectively in litigation prevention.
Our success in representing corporate clients is based on our extensive experience and a commitment to establishing long-term relationships between our attorneys and our clients.
When unavoidable litigation does occur, our attorneys have extensive trial and arbitration experience along with a track record of achieving results for our clients. Our team is committed to achieving efficient and cost-effective outcomes that position our clients closer to their goals and minimize future risk exposure.
Starnes Davis Florie has developed an antitrust litigation practice with a proven record of success. The firm’s antitrust litigators represent corporations, individuals, and associations in cases involving claims of price fixing, market allocation, actual or attempted monopolization, price discrimination, tying arrangements, and other alleged antitrust violations. Our lawyers have particular experience in the healthcare, transportation, and manufacturing industries among others.
We have also litigated private and public challenges to proposed mergers and acquisitions. Our antitrust team seeks to mitigate litigation risk through due diligence examination of potential acquisition targets, while keeping clients abreast of changing antitrust regulations and legislation. We also provide corporate and individual counseling and defense services in investigations and white collar criminal proceedings.
Starnes Davis Florie has represented insurers in dozens of states around the country in all stages of claims defense, including skilled analysis of policies and preparation of coverage opinions, pre-litigation strategy, motion practice, and trial.
Our attorneys have significant experience in defending insurers in bad faith litigation. We work diligently to eliminate these claims and to remove them from the equation as quickly as possible.
Our coverage attorneys not only handle sophisticated coverage actions – whether at trial or on appeal – but also provide counseling and opinions. We appreciate the importance of early assessments and recognize the time demands under which our insurer clients operate.
Starnes Davis Florie has a long history of representing virtually every facet of the banking and financial services industry in litigation, including alternative dispute resolution and recovery efforts. The firm’s attorneys have tried, arbitrated, or handled to conclusion numerous matters, including individual and class actions involving alleged violations of the FCRA, FDCPA, FCBA, TILA, RESPA, HOEPA, HOLA, EFTA and state UDTPA, as well as fraud, harassment, invasion of privacy, and other state and federal claims. These matters have taken place in many venues, including Alabama, California, Florida, Louisiana, New Jersey, Pennsylvania, and Arkansas.
The firm has also handled a wide variety of consumer finance and real estate mortgage lending litigation in a number of states and has represented mortgage loan lenders, as well as brokers, in numerous fraud and lender liability actions. The firm’s attorneys have defended numerous cases involving the handling of credit card, depository, and other loan accounts, including claims involving forgery and identity theft brought against various financial institutions. The firm has also conducted various recovery efforts on behalf of these institutions, including foreclosure and deficiency actions, and has defended wrongful collection and foreclosure actions.
This practice group prides itself on early assessment of each case so that every client can make a considered judgment as to the potential risk and cost of litigation. This allows clients to make a well-informed decision and promotes early resolution, either through dismissal or settlement. For example, in one case, the firm investigated allegations against its client in a potential class action, and discovered that the plaintiff was mistaken about the transaction forming the basis of the suit. This resulted in a dismissal before an answer was even filed. This same approach resulted in the dismissal of a bankruptcy class action filed against an auto finance company in bankruptcy court.
A number of companies have also retained Starnes Davis Florie as settlement counsel due to the firm’s trial experience and commitment to favorable resolution. In these instances, the firm willingly works with primary litigation counsel for the client’s benefit.
Starnes Davis Florie has also been retained to initiate litigation in obtaining various forms of relief including the enforcement of contractual rights and pursuing indemnification rights on behalf of financial services clients.
Since its formation, Starnes Davis Florie has been heavily engaged in litigation of construction disputes. The firm’s Construction Litigation group currently consists of ten attorneys actively engaged in the defense and prosecution of construction claims throughout Alabama. The group’s attorneys have participated as lead counsel in a number of landmark trials which have resulted in outright victory for their clients, including trials of claims involving the Birmingham Jefferson Civic Center, a multi-million dollar wastewater treatment facility on the Gulf Coast, and a complex delay and interference claim in which the client recovered a substantial award from a North Alabama utility.
The group’s success in trial, together with the firm’s reputation as one of the leading litigation firms in the Southeast, enhances its ability to obtain cost-effective settlements and thereby avoid the expense of trial or arbitration. The philosophy is “bottom-line oriented,” and Starnes Davis Florie encourages an early and realistic assessment of the risks and rewards inherent in litigation and the desirability of an early resolution of construction disputes.
The group focuses on the defense of architects and engineers. The firm’s Construction Litigation group has extensive experience representing clients in mediation, arbitration, and in disputes before the Alabama Building Commission and other professional licensing boards, as well as all state and federal courts throughout the state.
Fidelity & Financial Institution Bond Claims:
Starnes Davis Florie has considerable experience in the defense of employee dishonesty and Financial Institution Bond Claims. The firm’s clients include national and regional insurance carriers, as well as banks and other financial institutions. Through its sponsorship of the Southern Surety Fidelity Claims Association, the firm provides annual seminars designed to provide “basic training” for the fidelity claims professionals and ensure that all attendees stay current in recent developments in applicable law. Starnes Davis Florie provides litigation services in all courts, as well as assistance in the negotiation and resolution of fidelity claims and prosecution of salvage and subrogation claims.
Surety Litigation:
Starnes Davis Florie maintains an extensive surety practice in all matters involving performance and payment bonds, probate bonds, and other miscellaneous bonds. The firm’s attorneys practice in all courts of Alabama, both state and federal, as well as courts in other states and jurisdictions.
Since the firm’s formation, Starnes Davis Florie has regularly represented the surety industry in Alabama and throughout the Southeast. The Surety Group routinely assists surety claim professionals with negotiation and resolution of claim disputes, including negotiation of takeover and settlement agreements with both public and private owners. When necessary, the group handles both defense and prosecution of claims and strives to achieve the surety’s ultimate goal – that there will be no loss! Further, the group is actively involved in probate matters on all levels, and our attorneys have represented sureties against claims of malfeasance by bonded fiduciaries in thousands of conservatorship, guardianship, and decedents’ estates.
Starnes Davis Florie is committed to providing efficient and cost-effective services for its clients. The firm strives to promptly assess the merits of bond claims and defenses to those claims to evaluate the risks and rewards of litigation and to explore the possibility of a desirable resolution before excessive costs and expenses are incurred.
Starnes Davis Florie maintains a significant presence in the contract surety and miscellaneous bond industry. The firm is one of the founding sponsors of the Southern Surety and Fidelity Claims Conference, which conducts an annual seminar on pertinent legal issues, practical tips and recent developments in the fidelity and surety industry. Additionally, attorneys with the firm regularly participate and speak at other seminars on suretyship and offer in-house seminars to select clients at no cost to the client.
Never before has data privacy and security been more important. Our attorneys are committed to staying up to date on rapidly evolving cybersecurity laws to assist clients in minimizing and mitigating the risks that electronic data impose.
We address our clients’ cyber security issues through the design and implementation of compliant data privacy policies, investigation of data breach incidents, and defense against problematic class action breach litigation. We have also prosecuted claims on behalf of victims of invasions of privacy and data breaches–both individuals, private foundations, and corporate entities–and recovered hundreds of thousands of dollars for them.
The False Claims Act (“FCA”) is a legal tool for fighting fraud on the federal government and is also known as the “qui tam” law because certain provisions allow private citizens, including “whistleblowers,” to sue on the government’s behalf as “relators” and to collect a percentage of amounts received as a reward. False Claims Act, including qui tam cases, can be genuine “bet the company” cases because they raise questions about the accused’s integrity and goodwill and cast doubt on operational and managerial competence. A person or entity who contracts directly or indirectly with the United States government or with a state government (if the United States provides any portion of the money or property) and is paid or receives property may be liable for penalties of $10,957 to $21,916 per false claim, treble damages (three times the amount of the government’s loss), and attorney’s fees.
Starnes Davis Florie will assemble a custom-tailored team of lawyers to defend your FCA/qui tam case—whether it arises in the context of healthcare, defense contracting, or other governmental programs. Because we regularly conduct internal investigations and respond to governmental investigations and actually try cases, we are well positioned to defend FCA claims as well as whistleblower retaliation suits and federal exclusion proceedings, including suspensions and debarment. Indeed, FCA/qui tam claims typically arise in the very defense practice areas where our firm’s traditional strengths are found, and, as a result, we can offer you experienced representation from the inception of your matter. We can also provide representation in the corporate and individual representation in the internal and parallel investigations and white collar criminal proceedings that may be associated with such claims.
Starnes Davis Florie represents and advises many clients with regards to “mass tort” claims, which are types of claims involving numerous plaintiffs, but for which class action treatment is not available due to a lack of commonality and/or typicality between claims.
Starnes Davis Florie represents and advises various sectors of the aviation industry, including some of the world’s largest commercial aviation owners and manufacturers (fixed wing and helicopter), as well as general aviation companies and repair facilities. Starnes Davis Florie, serving as lead trial counsel, successfully defended an aircraft manufacturer in one of the most publicized crash-related trials in Alabama history, and continues to represent various aviation owners and manufacturers in commercial and products liability disputes throughout the state.
Starnes Davis Florie’s Mobile office, which overlooks the Port of Mobile and the Alabama State Docks, is strategically located for the handling of admiralty and maritime claims. The firm’s attorneys have experience handling matters for vessel owners, charterers, insurers, cargo owners, stevedores, terminal operators, and other marine services providers. The firm handles a variety of claims including cargo damage, personal injury defense, salvage, bills of lading and limitations of liability, maritime insurance disputes, defense of Jones Act, and other types of contractual maritime claims. The attorneys of Starnes Davis Florie stand ready to assist with your maritime or admiralty litigation needs.
Starnes Davis Florie has extensive experience defending companies against the risk of financial exposure that comes with liability claims for large scale bacterial or viral outbreaks associated with products or services.
Our team’s focus is to keep our clients’ reputation intact, while still recognizing and effectively dealing with the consequences of the outbreak. We hope to help clients avoid costly litigation by advising on potential risk areas, crisis management issues, consumer protection statutes, and even public relations issues.
The world of pharmacology has grown both in scope and complexity in the past decades. Naturally, pharmaceutical litigation has followed. Starnes Davis Florie handles all manner of pharmaceutical litigation for a wide range of corporate and organizational clients.
Starnes Davis Florie has represented clients from numerous industries including research institutions, healthcare products, and the creators of medical devices, prescribed products, and over-the-counter products. The firm is skilled in representing clients in matters such as products liability issues, antitrust issues, pricing issues, and research compliance issues. Starnes Davis Florie’s attorneys have handled a variety of complex mass tort litigation, MDL, and class action cases involving Fen-Phen, Baycol, Rezulin, pedicle screw spinal implants, and Premarin.
Our lawyers are also versed in environmental biotechnology issues pertaining to the development, use, and regulation of biological systems potentially impacting human and animal health and the environment, including bioremediation, risk assessment, product safety, green/sustainable manufacturing, agricultural biotechnology, and genetically modified organisms.
Despite remarkable advances in medical science products may still cause unforeseen dangers that require a manufacturer’s recall. Product recall announcements, in turn, can quickly lead to class action lawsuits and generate copious adverse publicity.
The attorneys at Starnes Davis Florie are experienced in defending clients when crises arise, with a focus on protecting the company’s reputation and finances. We can assist in communications management, ensuing government regulation investigations and compliance, and disputing personal injury claims.
An understanding of our clients’ industries, coupled with knowledge of the legal landscape, is the key to success in this practice area. Starnes Davis Florie deals with clients on a variety of issues including products liability, mass tort claims, warranty, and contract matters. The firm’s attorneys work with clients on claims relating to products ranging from all-terrain vehicles (ATVs), bicycles, batteries, power tools, tire service equipment, lawn and garden equipment, air filters, asbestos, pharmaceuticals, coal mining equipment, and medical devices. Many elements of this practice group overlap with other groups, allowing for a comprehensive approach.
Wrongful death or catastrophic Injury lawsuits can be brought when a person dies or suffers a serious injury due to an allegedly defective product or willful or negligent act. Cases involving death or serious injuries must be handled with appropriate discretion, but unfounded claims of are sometimes made by the family of the deceased or the injured person out of frustration.
The attorneys of Starnes Davis Florie have extensive experience defending clients against such claims, and will go to all necessary measures to defend our clients. We frequently employ the testimony of expert witnesses to confirm that actions taken by our clients were standard practices given the circumstances. When trial is not the most effective option, we have negotiated favorable settlements for our clients.
Starnes Davis Florie is one of the top law firms in the field of securities litigation. The firm has been involved in numerous high-profile securities matters in recent years including AIG, Enron, HealthSouth, and WorldCom. The firm has represented many of the largest financial firms in the country in securities cases, including Citigroup, Banc of America, Bear Stearns, Chase, Credit Suisse, Deutsche Bank, Goldman Sachs, JPMorgan, Lehman Brothers, Merrill Lynch, Morgan Stanley, Scotia Capital, and UBS.
Starnes Davis Florie has also represented officers and directors in major securities cases as well as hedge funds and smaller enterprises. The firm’s attorneys have handled cases ranging from individual suits to class actions and multi-district litigation in the securities litigation arena. The firm has extensive experience defending claims arising under nearly every provision of the relevant federal statutes, as well as state statutory provisions and common law rules.
Today’s employers must navigate a maze of laws that regulate their relationship with their employees and unions. The risk of liability or becoming embroiled in expensive and time-consuming litigation is higher than ever. Attorneys with Starnes Davis Florie’s experienced Labor & Employment practice group aggressively and efficiently defend a wide range of clients against all types of employment claims, including discrimination, workers' compensation and wage and hour claims.
The firm’s skilled litigators provide valuable advice and help develop policies and practices to reduce the risk of litigation. Starnes Davis Florie has helped countless businesses remain union-free, safeguard confidential information, and protect against unfair competition from former employees.
While the Americans with Disabilities Act serves a laudatory purpose, many attorneys and career claimants have made ADA accessibility claims a lucrative business that comes at a high expense to business owners and operators.
The experienced attorneys at Starnes Davis Florie have defended ADA claims related to accessibility, signage, architectural barriers, and provision of aids and services for communications for a variety of public accommodations including hotels, restaurants, retailers, and property owners.
We will evaluate the case against you and provide you with your options, including vigorous defense of the suit. Starnes Davis Florie also provides ADA consultations to ensure compliance and minimize future litigation risk.
Starnes Davis Florie is widely considered to be a leader among Alabama workers’ compensation defense firms. Since its inception, the firm has assumed a preeminent role in representing employers, insurance carriers, and third-party administrators throughout Alabama in both workers’ compensation and retaliatory discharge litigation.
Starnes Davis Florie has defended thousands of workers’ compensation claims in Alabama, and the firm’s attorneys are proficient in handling claims from the time of accident or occupational exposure through the highest court of appeals.
While representing large corporations, mining companies, municipalities, and smaller entities, Starnes Davis Florie has faced and effectively handled numerous types of workers’ compensation claims, including physical and mental problems, all types of bodily injuries (both scheduled and unscheduled), and numerous forms of occupational diseases such as pneumoconiosis, hearing loss and asbestosis.
Through numerous trials and appeals, we have become a leader in defining employers’ rights under existing workers’ compensation law in Alabama. The firm’s attorneys have also successfully handled numerous federal black lung claims through the Department of Labor and other government bodies.
Our clients’ confidential and proprietary information and customer relationships are integral to the survival of their businesses and thus require an extraordinary level of protection.
Starnes Davis Florie provides counseling and drafts policies and agreements for businesses to protect against unfair competition and employee disloyalty. Our attorneys are committed to aggressively defending clients’ interests when they are threatened by former employees.
At Starnes Davis Florie we not only offer our clients legal advice but also practical advice on the best ways to run a business during day-to-day operations. For example, it is crucial for employers to establish effective human resources management strategies to avoid costly litigation, lengthy government investigations, and other outside party intervention with their business operations. We can:
The attorneys at Starnes Davis Florie have extensive experience protecting employer rights. We provide both preventative counsel and aggressive litigation defense against harmful claims of hiring, termination of employment, promotion, compensation, job assignment, or workplace harassment on the basis of age, race, sex, religion, national origin, disability, sexual orientation, or gender identity.
We are adept at demonstrating that our clients use merit-based evaluation when making employment decisions, and that management fosters and enforces a non-discriminatory work environment.
The labor law attorneys at Starnes Davis Florie provide advice on best practices to avoid unionization and to engage in positive employee relationships. Our attorneys also help guide clients through difficult interactions with unions during organizing campaigns, strikes and labor disputes. Where workplaces are unionized, we can assist in negotiating and drafting collective bargaining agreements. Starnes Davis Florie attorneys are experienced in resolving disputes brought before National Labor Relations Board.
Starnes Davis Florie advises and defends employers from numerous industries in litigation brought under the Fair Labor Standards Act, prevailing wage laws, and various state labor regulations.
Our team defends employers against claims of unpaid overtime and employee misclassifications. We also provide preventative counseling concerning wage and hour matters, including advising employers on job descriptions, timekeeping best practices, and conducting internal audits to ensure that our clients have compliant practices in place that will protect them from expensive litigation in the future.
The world cannot run without energy, nor can it exist without an environment. It would be difficult to imagine a body of law that more thoroughly touches on so many aspects of our lives than the energy and environmental laws do. Air, water, land, and energy from traditional and renewable natural resources are critical for the maintenance of live as we know it. Food production, conservation of flora and fauna, water reserves and management, pollution and emissions control and remediation, waste management, mining, land use, and sustainable, alternative practices are all part of the whole. Starnes Davis Florie’s energy and environmental practice has similar breadth, but also substantial depth. We can provide comprehensive service for your litigation and regulatory needs.
Through its representation of large coal mine operators, municipalities, and other clients, Starnes Davis Florie has handled numerous litigation matters related to the use and alleged misuse of energy and natural resources. Starnes Davis Florie has been involved in several land dispute cases involving coal and coal bed ownership on various levels; litigation arising out of the construction of Corridor X, the large interstate designed to connect Birmingham with Memphis; and cases arising out of the use and misuse of coke oven gas and other types of petroleum. Starnes Davis Florie is highly proficient in handling land use and land-related disputes as well as pollution-related matters involving aquifer systems and other natural resources.
Starnes Davis Florie’s Environmental Litigation lawyers combine extensive experience with a broad array of skills to assist clients in resolving environmental, health, and safety issues.
Over the years, the lawyers of Starnes Davis Florie have handled the prosecution and defense of CERCLA contribution, cost recovery, and natural resource damage claims; litigation of Clean Water, Clean Air, Oil Pollution, and Resource Conservation and Recovery Act claims; litigation of land use and water use issues—including inverse condemnation, eminent domain, boundary disputes, facility siting, water rights, and wetlands protection—and nuisance, trespass, and other common law property damage claims arising from alleged pollution or other causes. In addition to civil enforcement matters and citizen suits, our lawyers have defended corporations and individuals accused of environmental crimes such as the illegal disposal or discharge of pollutants and related charges of mail fraud, wire fraud, and conspiracy. The firm’s extensive litigation background, its mass tort experience, lends itself well to finding multi-disciplinary solutions across a wide range of local, state, and federal environmental problems.
Starnes Davis Florie’s Environmental Regulation lawyers are experienced in matters involving the regulation of water, air, hazardous waste, health, and safety. We have handled regulatory matters involving federal agencies—including the Environmental Protection Agency (EPA), the Department of Justice (DOJ), the Department of the Interior (DOI) including its Fish and Wildlife Service (FWS), and the Army Corp of Engineers (USACE)—and state agencies—including Alabama’s Department of Environmental Management (ADEM), Surface Mining Commission (ASMC), and Department of Conservation and Natural Resources and other local, state, and federal agencies.
The firm has assisted clients with a full array of regulatory compliance issues, including obtaining permits, addressing rulemaking, and public comment, voluntary clean-up and redevelopment of brownfields, and energy, natural resources, biotechnology, occupational health and safety, historic preservation, and endangered species issues. Our lawyers have represented clients in permit challenges, appeals, and other administrative proceedings. We also have defended clients in investigations, enforcement actions, and penalty proceedings initiated by administrative agencies having environmental, health, and safety responsibilities. Such matters often require investigation, development of an evidentiary record, and advocacy similar to litigated matters.
Starnes Davis Florie has extensive experience in litigating federal black lung claims on behalf of coal mining companies beginning in the Department of Labor, through trials and appeals before an Administrative Law Judge, the Benefits Review Board and the Eleventh Circuit Court of Appeals. With its superior knowledge of all aspects of both surface and underground coal mining practices and their operations, the firm is able to defend each claim with a tremendous advantage. Through numerous claims and trials, Starnes Davis Florie has successfully handled defending coal mining companies against all types of claims, raising all necessary and even creative defenses, and handling all issues particularly through the passage of Section of 1556 to the Federal Black Lung Act. The Firm’s federal black lung practice group is further complemented with the mining & mineral defense group, allowing it to stay on the cutting edge with regard to experts and necessary medical testimony/evidence needed to prevail in federal black lung cases.
Starnes Davis Florie has extensive experience in the defense of mining and mineral companies, ranging from small family owned businesses to integrated international corporations. With this depth of knowledge, the firm has litigated a myriad of cases in state and federal courts involving mining accidents, blasting, surface subsidence, workers’ compensation, black lung benefits, and mineral contract disputes. The Firm’s mining and mineral practice group is further complemented by its environmental and labor law groups, allowing it to meet the diverse needs of its clients in this highly regulated industry. As with all aspects of the firm’s practice, we engage in a results-oriented approach tailored to each client’s specific needs.
At the juncture of environmental and product liability litigation, our “toxic tort” practice—which can more specifically be referred to as chemical, biotechnology, and nanotechnology exposure litigation—offers practitioners versed in matters encompassing bodies of science and jurisprudence that are mature (for example, asbestos, isocyanates, diesel fumes); still evolving (benzene and other substances); and cutting edge (biotech and nanotech products).
Toxic tort claims arise from exposure to consumer, agricultural, and industrial products; physical processes and phenomena (for example, radiation or electromagnetism); and even other living things (genetically modified organisms or “GMOs”). The exposures occur in diverse settings and contexts—indoors and outdoors; in homes, schools, and factories; on ships and in farms; by way of dermal contact with, or breathing or other ingestion of, vapors, particulates, fluids, or organisms; and by exposure to the products or agents themselves or to their residues, wastes, or by-products. The exposures may be chronic or acute, may produce physical debilitation over time or immediate personal injury, and may result in property damage, or they may not cause any damage or injury at all. Such exposures have been alleged to result in human and animal illnesses and allergic reactions; “contamination” or cross-pollination of organic crops by GMOs, including genetically modified rice, corn, and alfalfa; chemical or petroleum contamination of land and water; degradation of indoor air quality by vapor intrusion; and degradation of outdoor air quality by insufficiently controlled emissions as well as having harmful effects.
The possible scenarios are virtually limitless given the ubiquity of chemicals and increasing use of biotechnology (in agricultural and aquatic applications) and nanotechnology (in appliances, coatings, electronics and computers, cosmetics, foods and beverages, and in home and garden, automotive, and medical products). Whatever the scenario, our lawyers have the knowledge and experience necessary to address it, as well as familiarity with and access to the pertinent medical, epidemiological, toxicological, chemical, engineering, or other experts who will be needed to provide scientific testimony to address issues such as general and specific causation, medical diagnosis and prognosis, mitigation, remediation, and damages.
The firm has defended hundreds of such suits involving claims ranging from one individual to in excess of 4,000 plaintiffs.
Starnes Davis Florie's Intellectual Property practice group has extensive experience handling IP litigation. We have successfully litigated patent, trademark, copyright, and trade secret disputes for both plaintiffs and defendants. In fact, Global Law Experts named Starnes Davis Florie LLP "Patent Litigation Law Firm of the Year in Alabama - 2016."
Our attorneys have extensive courtroom experience and are responsive to the client's needs. Whether it is a small matter needing to be resolved quickly or "bet-the-company" litigation, we will tailor a case-specific strategy to achieve the client's goals. As a result, we are routinely called upon to represent our clients in high-profile IP litigation.
Our experience includes:
Recent Publications:
Starnes Davis Florie understands that inventors rely on trade secret protection and enforcement to maintain their competitive edge. With job turnover increasing and with technology having made trade secret appropriation simpler, inventors must be vigilant in protecting their proprietary information, while preserving goodwill with customers, suppliers, and employees.
We seek to minimize this risk for our clients by assisting in the development and implementation of best practices and policies, investigating breaches and violations, and (when necessary) aggressively and purposefully litigating.
The lawyers at Starnes Davis Florie work closely with our clients’ marketing personnel and management to develop and manage a comprehensive portfolio of trademarks, trade dress, and product configurations. We engage proactively with our clients in the trademark selection and adoption process to ensure the strength and value of the client’s marks.
Our attorneys are well-versed in trademark litigation and taking the necessary steps to ensure our clients’ rights are protected in the courtroom.
The Patent Litigation group at Starnes Davis Florie defends and enforces clients’ intellectual property rights before federal, state, appellate, and administrative courts. We work to help clients leverage the full value of their IP portfolios with counsel regarding development, licensing, and commercialization of intellectual property.
Whether pursuing patent violations or defending infringement claims, our attorneys have successfully represented clientele ranging from inventors to universities to Fortune 500 companies.
The fact that architects, accountants, dentists, doctors, engineers, lawyers, nurses, and other professionals sued for malpractice frequently call on Starnes Davis Florie to provide their defense is a testament to the firm’s reputation for widespread success in all areas of civil defense litigation. The firm’s broad-based practice includes the defense of all types of disputes including transactional, securities, personal injury, real estate, and class actions matters. Because the firm's attorneys are well-versed in the complexities of preparing and trying these suits, they are uniquely qualified to defend the malpractice claims that can evolve out of such complex litigation. The firm is chosen by other professionals time and again for fair, honest, and aggressive representation; such an acknowledgement speaks volumes about the skill and experience of the attorneys at Starnes Davis Florie.
Any claim of malpractice against a CPA or other accounting professional or firm can lead to irreparable harm to their professional reputation and client confidence. The accounting malpractice defense attorneys at Starnes Davis Florie provide clients with a staunch defense against malpractice claims or investigations, using their extensive knowledge of GAAP and auditing standards to ensure regulatory bodies that our clients are upholding best practices.
Our cases and matters run the gamut of issues from financial frauds and restatements to fair value accounting, pension accounting, inquiries into stock option dating practices and issues affecting the sub-prime mortgage lending industry.
It may be reassuring to our clients to know that no firm in Alabama has tried and won more professional malpractice cases than Starnes Davis Florie.
Today’s design professionals face a wide range of liabilities. At Starnes Davis Florie, we have extensive experience in defending architects, engineers, surveyors, and other designers against the claims that can plague their professional life.
Our attorneys are familiar with the technical aspects of representing architects and engineers in claims involving breach of professional standard of care, and we are committed to a litigation strategy that protects and aggressively defends each design professional.
We work closely with each client to develop a defense strategy which takes into account the exposure related to the claim, the impact upon their business operations, and their reputation in order to achieve a favorable outcome.
It may be reassuring to our clients to know that no firm in Alabama has tried and won more professional malpractice cases than Starnes Davis Florie.
A good reputation is the most important asset a lawyer can have. It has long been the privilege of Starnes Davis Florie to represent attorneys faced with a suit for legal malpractice or a Bar complaint. In this area of complex litigation, Starnes Davis Florie is uniquely positioned to represent your interest. The lawyers of Starnes have written leading articles addressing the defense of legal malpractice cases and how to respond to a Bar complaint. The firm’s attorneys are routinely asked to speak on legal malpractice issues. The Alabama appellate courts have issued numerous decisions that address points of law often raised by the firm’s attorneys as matters of first impression. Most importantly, Starnes Davis Florie lawyers have tried suits for legal malpractice before juries.
The attorneys at Starnes Davis Florie understand that in some situations cases deserve an early resolution, while others demand a solid defense through trial. The firm’s attorneys aggressively approach these cases so to identify both procedural and substantive defenses. The firm’s experience defending cases arises out of all types of underlying matters including personal injury, criminal representation, real estate, securities, and commercial transactions. The clients of Starnes Davis Florie range from the solo practitioner to multinational firms.
Because the firm appreciates the sensitive nature of dealing with a Bar complaint, the firm’s attorneys handle such complaints in an efficient and effective manner. The firm’s model is straightforward and based upon the experience gained from defending lawyers and serving on panels that investigate and decide these type of complaints. If there has been a mistake, the firm will work with the General Counsel for the Bar to correct the problem and minimize the repercussions to the client’s practice. If, however, a client has satisfied their ethical obligations despite a bad result then our attorneys will be prepared to defend the client’s reputation. The attorneys of Starnes Davis Florie know a good reputation is one that is earned and should be protected.
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Starnes Davis Florie is one of the region’s most experienced firms representing long term care and nursing home facilities, throughout Alabama and other states. Attorneys in this practice group take pride in providing their clients with an early assessment of each case to facilitate a considered judgment as to the potential risk and cost associated with litigation.
The firm’s extensive trial experience has proven beneficial to its nursing home and long term care clients in both aggressively defending cases and negotiating favorable resolutions prior to trial. Settlement values are significantly affected by the opposition’s knowledge that the firm is ready and able to try the case. Having handled the first case in which the Alabama Supreme Court upheld an arbitration agreement in a malpractice case against a nursing home, Starnes Davis Florie is actively involved in arbitrating nursing home cases and providing other general consultation to clients about arbitration. Furthermore, nursing home and long term care clients who are represented in labor and employment matters by the firm’s Labor and Employment practice group benefit from the synergy between two discrete practice groups.
Many of Starnes Davis Florie’s most experienced trial attorneys are involved in the Long Term Care & Nursing Home Litigation practice group. The group also includes the former director of nursing for a long term care facility and a licensed assisted living administrator who work exclusively on these cases through all phases of litigation. This includes pre-litigation record reviews, resulting in an organized and comprehensive set of records. Clients understand the importance of experience and knowledge of issues specific to long term care for successful representation. Starnes Davis Florie can provide that skill and knowledge.
Starnes Davis Florie has defended physicians, hospitals, nursing homes, long-term care facilities, and other health care providers in medical malpractice actions for over forty years. During that time, the firm has tried to jury verdict tried more medical malpractice defense cases than any other firm in Alabama. With this experience, the lawyers at Starnes Davis Florie developed the keen insight to understand complex medical issues and the unique ability to breakdown and present these issues to a jury, judge, arbitrator or other authority. Along with this insight, the firm combines a work ethic and diligence that leaves no stone unturned in its trial preparation and defense of cases. Our lawyers have defended medical specialists from anesthesiologists to urologists, and routinely defend cases involving birth injury, brain injury, catastrophic injury, and wrongful death.
Best Lawyers in America lists Starnes Davis Florie as a Top Tier firm in the field of Medical Malpractice – Defendants with 14 medical malpractice attorneys, U.S. News – Best Lawyers “Best Law Firms” ranks Starnes Davis Florie in Tier 1 for Medical Malpractice Law – Defendants, and Chambers USA ranks Starnes Davis Florie as the only firm in the state in Band 1 in the category of Litigation: Medical Malpractice Defense.
The firm also assists healthcare clients in many different areas of their practice, including prevention of litigation and risk management issues. Lawyers in the firm speak and provide presentations in these areas to healthcare providers, professional organizations, and medical societies on a frequent basis. While the lawyers at Starnes Davis Florie are always prepared to defend our healthcare clients, we realize that it is in our clients’ best interest to avoid a medical malpractice action when possible.
As the firm’s practice areas cover a wide range of services, it is able to offer advice regarding all legal concerns of the medical industry, including employment-related issues, handling False Claim Act and Medicare/Medicaid billing matters relating to fraud and abuse, and contract issues. The firm’s appellate practice is also active in medical malpractice actions, having been called upon multiple times to file amicus curiae briefs on behalf of the Medical Association of the State of Alabama.
Starnes Davis Florie understands health care providers and has provided advice to physicians, hospitals, and academic medical centers for decades. Specific examples of areas of focus in healthcare include:
Many businesses whose activities can have acute and far-reaching impacts on individuals, other businesses, and markets are heavily regulated by federal and state governments. Not only the organization themselves, but also individual directors and executives—and their good faith decisions and performance of their duties—can come under the government’s scrutiny. Liability can arise from seemingly routine decisions and innocuous policies or actions. Running afoul of the law can result in penalties, fines, restitution and disgorgement, debarment from government bidding and contracting, and imprisonment of responsible corporate “white collar” personnel.
We proactively educate business clients on the proper way to respond to investigations—whether initiated by information request, grand jury subpoena, warranted search, or otherwise—in an effort to avoid well-intentioned but uninformed or ill-advised actions that make a difficult situation worse and more costly. We are versed in the government’s use of coordinated and parallel investigations, pleas and proffers, and deferred prosecution and non-prosecution agreements. We have had success negotiating purely civil resolutions of matters that, at inception, also carried the threat of criminal consequences. We are also experienced in civil and criminal trial procedure if that is the path that ultimately results.
The business judgment rule, good insurance coverage, and the integrity of a company’s officers and employees are all important in avoiding liability and obtaining indemnity for claims, but they are not absolute shields against liabilities that may be financially catastrophic, affect a business’s ability to obtain licenses or contracts, or threaten the liberty of individuals. The firm has the capacity to assist clients in government compliance audits, inspections, or other scrutiny; responding to audit findings or inspection reports; or addressing anticipated or pending government investigations, prosecutions, or other enforcement action.
We also create and implement compliance programs in accordance with governmental guidelines and conduct internal investigations, assessments and due diligence on potential merger and acquisition targets, joint venture partners and third parties to minimize future risk of government and regulatory investigation.
“White collar” crime refers to the full range of frauds that may be committed by business and governmental professional. It is different than “street” crime in that white collar crimes are characterized by deceit, concealment, or violation of trust and not dependent on the threat or actual use of physical force or violence. As the FBI notes, “The motivation behind these crimes is financial–to obtain or avoid losing money, property, or services or to secure a personal or business advantage.” Examples of white collar crime include environmental crime, public corruption and ethics issues, money laundering, corporate and accounting fraud, securities and commodities fraud, mortgage fraud, banking fraud and embezzlement, fraud against the government, election law violations, fraud in mass marketing, and healthcare fraud.
The healthcare industry is one of the largest sectors of the U.S. economy. Because of this, healthcare fraud is aggressively investigated and prosecuted by the federal government.
Healthcare fraud covers numerous white collar offenses at all levels of the health care industry, including kickbacks, insurance fraud, billing fraud, falsifying information, unbundling, upcoding, performing unnecessary procedures, Medicare and Medicaid fraud, and HIPAA (Health Insurance Portability and Accountability Act) violations. Healthcare fraud investigations may also run parallel to or arise out of False Claims Act/Qui Tam matters.
The attorneys at Starnes Davis Florie have extensive knowledge and experience in dealing with this area of the law and are committed to defending clients against these potentially detrimental claims. Early assessment is key in these types of cases, so that we can ensure that our clients’ procedures and practices are compliant and ethical.
Starnes Davis Florie is committed to providing our clients in heavily regulated industries with preventative counsel and advice to ensure compliance with strict and changing rules and regulations. We have also helped clients avoid investigations and accusations that are damaging to both their professional reputation and their bottom line.
Our in-depth industry knowledge and experience puts us in a favorable position to help our clients avoid compliance issues altogether, but, when necessary, we aggressively defend them before regulatory and licensing bodies.
Oftentimes in architectural malpractice claims, architects must stand before licensing boards to answer the allegations against them. The lawyers of Starnes Davis Florie are committed to fighting against malpractice accusations and ensuring that resulting disciplinary actions do not include the suspension of professional licensure.
Our attorneys are also experienced in negotiating terms of regaining licensure for architects that have had their licenses suspended in the past.
It may be reassuring to our clients to know that no firm in Alabama has tried and won more professional malpractice cases than Starnes Davis Florie.
Oftentimes in design professional malpractice claims, professionals must stand before licensing boards to answer the allegations against them. The lawyers of Starnes Davis Florie are committed to fighting against malpractice accusations and ensuring that resulting disciplinary actions do not include the suspension of professional licensure.
Our attorneys are also experienced in negotiating terms of regaining licensure for engineers and professional surveyors that have had their licenses suspended in the past. We are committed to reducing client risks in these instances through aggressive investigation of the claims against them and negotiation of disciplinary sanctions more favorable to our clients.
It may be reassuring to our clients to know that no firm in Alabama has tried and won more professional malpractice cases than Starnes Davis Florie.
Starnes Davis Florie has represented a significant number of governmental entities in a wide array of litigation. The firm’s attorneys are adept at navigating the unique complexities faced by any public entity involved in litigation. From the most complex disputes to the most minor issues, our lawyers have the skill and commitment to meet the specific needs of a governmental or public body involved in litigation.
In particular, Starnes Davis Florie has vast experience representing municipalities. The firm has been recognized as outstanding in the field of municipal litigation. Counties and municipalities are being sued by individuals more often. Representing the Alabama Municipal Insurance Corporation and the Alabama League of Municipalities, the firm has litigated cases involving but not limited to class actions seeking to invalidate sewer connection fees, tobacco tax ordinances, and other class certification litigation challenging the constitutionality of city ordinances, §1983 claims including excessive force and unlawful employment practices, train crossing accidents, storm water drainage issues, and sign ordinances. The firm has a comprehensive knowledge of local laws and ordinances and uses a proactive approach to representation that has proven to be effective and efficient.
Starnes Davis Florie is one of the region’s most experienced firms representing long term care and nursing home facilities, throughout Alabama and other states. Attorneys in this practice group take pride in providing their clients with an early assessment of each case to facilitate a considered judgment as to the potential risk and cost associated with litigation.
The firm’s extensive trial experience has proven beneficial to its nursing home and long term care clients in both aggressively defending cases and negotiating favorable resolutions prior to trial. Settlement values are significantly affected by the opposition’s knowledge that the firm is ready and able to try the case. Having handled the first case in which the Alabama Supreme Court upheld an arbitration agreement in a malpractice case against a nursing home, Starnes Davis Florie is actively involved in arbitrating nursing home cases and providing other general consultation to clients about arbitration. Furthermore, nursing home and long term care clients who are represented in labor and employment matters by the firm’s Labor and Employment practice group benefit from the synergy between two discrete practice groups.
Many of Starnes Davis Florie’s most experienced trial attorneys are involved in the Long Term Care & Nursing Home Litigation practice group. The group also includes the former director of nursing for a long term care facility and a licensed assisted living administrator who work exclusively on these cases through all phases of litigation. This includes pre-litigation record reviews, resulting in an organized and comprehensive set of records. Clients understand the importance of experience and knowledge of issues specific to long term care for successful representation. Starnes Davis Florie can provide that skill and knowledge.
Starnes Davis Florie was built, in part, on the philosophy that medical malpractice suits should be aggressively defended, since even an otherwise favorable settlement can seriously jeopardize a doctor’s most valuable asset: his or her reputation.
Whether your medical license is in jeopardy for allegations regarding your professional conduct or personal issues such as allegations of substance abuse or pending criminal charges, Starnes Davis Florie can assist you in the defense of your license and your livelihood.
Our healthcare law experts will aggressively defend you to preserve your license, certification or registration; to avoid suspension; or to otherwise mitigate disciplinary measures against you.
We also represent physicians’ medical groups, clinics, laboratories, hospitals, durable medical equipment companies, behavioral health entities, emergency medical services companies, home health agencies, dentists, nurses, and other healthcare providers that have been denied accreditation or denied privileges by a deeming organization.
Our lawyers can intervene with accreditation organizations, such as the Joint Commission, to clear barriers to accreditation. In addition, we service hospital and physicians regarding hospital privileges and credentialing matters for doctors, surgeons, and nurses.
And, it may be reassuring to our clients to know that no firm in Alabama has tried and won more professional malpractice cases than Starnes Davis Florrie.
Starnes Davis Florie recognizes that a State Bar Disciplinary Proceeding is one of the most significant and potentially traumatic events in a legal professional’s career. We also appreciate the sensitive nature of dealing with a Bar complaint.
The firm’s model is based on the experience gained from defending lawyers and serving on panels that investigate and decide these type of complaints. If there has been a mistake, the firm will work with the General Counsel for the Bar to correct the problem and minimize the repercussions to the client’s practice.
If, however, a client has satisfied their ethical obligations despite a bad result then our attorneys will be prepared to defend the client’s reputation. The attorneys of Starnes Davis Florie know a good reputation is one that is earned and should be protected. In the event that you do have your legal credentials suspended, our team can use its extensive knowledge and experience to expedite your re-admittance to the Bar.
The attorneys at Starnes Davis Florie hope to proactively minimize the risk of costly lawsuits for our clients by conducting investigations to identify possible problematic issues and practices within our clients’ businesses.
Our attorneys stay up to date on ever-changing regulations across many industries and are committed to keeping clients abreast of those changes so that their business practices can adapt.
The investigative team at Starnes Davis Florie can also conduct investigations to further examine the credibility and legitimacy of claims that threaten the reputation of our clients.
The Starnes Davis Florie Higher Education and Collegiate Sports Practice Group provides proactive advice to institutions, athletic administrators, coaches, and student-athletes to navigate the ever-changing NCAA rules as well as the applicable state and federal laws. With decades of experience working at the highest levels of college athletics, we have developed a niche as nationally- recognized attorneys in the collegiate sports arena.
Areas of Practice Include:
– Investigating NCAA regulatory matters, including possible NCAA violations, waivers, and reinstatements and advising institutions on how to address the immediate issue as well as how to implement best practices to avoid similar issues in the future; Representing institutions and coaches in NCAA investigations by the Enforcement Staff and in proceedings before the Committee on Infractions;
– Advising institutions and collectives on Name, Image, and Likeness (NIL), including explaining best practices to comply with NCAA guidance, understanding and, potentially revising, state laws, and improving performance and transparency of collectives through the implementation of best practices;
– Conducting Title IX reviews, audits, and investigations, in particular handling high profile Title IX investigations and litigation;
– Reviewing and implementing changes to the culture, process, and practices of teams, programs, training and medical staffs, and athletic departments; and
– Advising institutions, administrators, and coaches in crisis management.
Our accomplishments in the field include the following:
– Represented multiple institutions successfully in high-profile NCAA investigations, including appearances before the Committee on Infractions;
– Advised many head and assistant coaches involved in NCAA investigations, Title IX inquiries, and litigation;
– Handled numerous investigations of student-athletes, including multiple Heisman Trophy winners and numerous NFL first round draft picks, in high-profile NCAA and Title IX investigations;
– Conducted holistic evaluations of collectives for P5 and G5 clients, including dissolution of under-performing collectives, creation of new collectives, establishing best practices in the relationships with student-athletes, institutional multimedia rights holders, donors, and licensing partners;
– Negotiated contracts between high-profile student-athletes and collectives; Conducted educational sessions for coaches, athletic department staff, institutional leadership, and boosters regarding best practices to compete within current NCAA rules and state laws regulating NIL; and
– Represented a high-profile institution in an investigation into sports wagering.
We would love to talk with you about helping with any of the following areas:
Compliance: We are available to advise universities, athletic administrators, and coaches on a variety of higher education issues, including the implementation of policies and procedures to ensure compliance with NCAA rules and Title IX. We also advise prospective and current student-athletes and their families on NCAA issues, such as eligibility, waivers, reinstatement, and navigating the transfer portal.
Investigations: We are available to handle emergency and proactive investigations for institutions, athletic administrators, coaches, and student- athletes. Whenever potential compliance issues, rules violations, culture issues, and poor performance issues are identified, we work with our clients to ensure that the matter is handled with the appropriate budget, due speed, and absolute confidentiality to investigate and prepare a comprehensive report of the facts and recommended response.
Litigation: We are ready to represent universities, athletic administrators, coaches, and student- athletes in a wide variety of civil litigation matters involving topics such as trademark infringement, breach of contract, assault, and Title IX.
NIL Consulting: We specialize in advising institutions and collectives on Name, Image, and Likeness (“NIL”) issues, including explaining best practices to comply with NCAA guidance, navigating relevant federal and state legislation, and improving performance and transparency of collectives.
Internal investigations have become an essential part of good governance for public and private companies both large and small. Whether allegations of wrongdoing arise from a government investigation, a whistle-blower, or a civil lawsuit, it is incumbent upon companies to identify the legal and business risks posed by such allegations and to respond to them in a responsible and effective manner.
Starnes Davis Florie has extensive experience conducting internal investigations. We strive to conduct our investigations in a manner that both meets our clients’ objectives and is efficient and cost-effective. As a boutique firm, we have the capacity to investigate allegations quickly, discreetly, and with minimum disruption, and to report our findings in a rigorous and reliable manner.
We staff our investigations based on the client’s needs and with an eye towards containing costs by assigning lawyers whose experience and skill level are commensurate with the tasks that the investigation demands.
The attorneys at Starnes Davis Florie know that litigation can be a costly and problematic process for our clients. To minimize costs and increase efficiency, we use early case assessment to weigh the costs and benefits of all possible resolution paths.
Rather than simply responding to litigation in a repetitive or win-at-all-costs manner, Early Case Assessment (ECA) systematically identifies a case-specific strategic plan that applies the same decision-making analyses and disciplines to litigation that clients routinely apply to other significant challenges confronting their business.
At its essence, ECA focuses on resolving the business’ problem by realistically defining what constitutes a favorable resolution of the case.
The investigation and prosecution of healthcare fraud and abuse—misrepresentation, deception, deceit, or other wrongful conduct undertaken to obtain greater reimbursement than is appropriate—is a long-standing federal government priority that has been given even greater focus since the passage of the Affordable Care Act. The FBI believes that health care fraud, including Medicare and Medicaid fraud, “costs the country tens of billions of dollars a year.” No reputable healthcare provider wants to be accused of committing fraud or abuse, and yet it happens.
The latest enforcement tool is the aggressive use of “Big Data” dragnets and statistical analyses by health insurers, Recovery Audit Contractors (RACs), Zone Program Integrity Contractors (ZPICs), other contractors, and government agencies to identify fraud “by the numbers.” Tipsters and whistleblowers as well as traditional investigative techniques continue to play a major role in enforcement as well. Any governmental audit or inquiry should be treated as investigative and as threatening potential civil and criminal liability.
Defending fraud allegations and facing civil penalties or criminal indictment can be incredibly burdensome even to innocent and ethical providers. A sustained, meticulous defense, however, is absolutely necessary as the outcome of these types of allegations can be career-ending or company-destroying. The best place to begin your defense is at the beginning—that is, the minute a question arises. The lawyers of Starnes Davis Florie are experienced in this complex area of the law and are ready to help you.
DISCLAIMER: The following language is required by the Alabama Rules of Professional Conduct: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.
