Areas of Practice

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 appeal 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 homes 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:

• Looney v. Moore, 861 F.3d 1303 (11th Cir. 2017) – obtained summary judgment for all claims in class action alleging research study of the proper oxygenation level of extremely premature infants was unethical
• In re Walter Energy, Inc.,2015 WL 12839000 (N.D. Ala. November 23, 2015) – obtained favorable settlement of securities class action
• Thurman v. Judicial Correction Services, Inc., 2013 WL 5727166 (M.D.Ala. 2013) – represented private company in class action alleging violation of constitutional rights.
• Przedwojewski v. NHS Management, LLC, 503 Fed.Appx. 891 (11th Cir. 2013) – obtained complete dismissal of class action alleging improper payment of Medicare subrogation
• Matthews v. Brookstone Stores, Inc., 431 F.Supp.2d 1219 (S.D. Ala. 2006) – obtained dismissal in class action alleging fraudulent design and distribution of a product
• Bickley v. Caremark RX Inc., 461 F.3d 1325 (11th Cir. 2006) –  obtained dismissal of class action filed against PBM involving allegations of ERISA violations
• Brown v. Protective Life Ins. Co., 353 F.3d 405 (5th Cir. 2003) – twice obtained dismissal of putative class actions alleging violations of RICO and Louisiana Motor Vehicle Sales Act in sale of credit life insurance
• Exhaust Unlimited, Inc. v. Cintas Corp., 223 F.R.D. 506 (S.D. Ill. 2004): defeated class certification in nationwide antitrust case in which firm served as national coordinating counsel for a Georgia-based linen service provider

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.

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.

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 product 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.

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:

• Help employers take the necessary steps to prevent potential liability by providing guidance to employers on day-to-day issues, including employee discipline and termination, leave management, regulatory compliance, and wage and hour matters.
• Conduct training programs and presentations for management-level employees regarding traditional labor matters, employment discrimination and harassment, disability accommodation, occupational safety and health, and workplace diversity.

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.

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 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.

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.

Related Publications:

• “The Professional Liability of Attorneys in Alabama,” The Cumberland Law Review, Vol. 30 No. 3, 1999-2000
• “Nine Ways to Avoid a Suit for Legal Malpractice,” The Alabama Lawyer, July 2004
• “Responding to a Bar Complaint,” The Alabama Lawyer, Vol. 73, No. 2, pages 137-141, March 2012.

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:

• Handling False Claims Act and Medicare/ Medicaid billing matters relating to fraud and abuse
• Involvement in licensing issues, appearing before the Alabama Board of Medical Examiners, the  Alabama Board of Nursing, the Alabama Board of Dental Examiners, and the Alabama Board of Examiners for Speech Language Pathology and Audiology
• Representing hospitals and medical staffs in medical staff privilege litigation
• Representing medical staff executive committees and hospitals in disciplinary proceedings
• Involvement in Certificate of Need matters
• Preparing hospital staff bylaws, policies, and procedures
• Service on ethics committees at local hospitals
• Assisting the Medical Association for the State of Alabama in drafting healthcare legislation, including portions of the Medical Liability Act
• Frequently handling matters regarding HIPAA and EMTALA
• Addressing compliance issues
• Involvement in contract negotiations for healthcare providers
• Addressing controversial medical ethics issues, including advance directives and end of life decisions

“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.

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.