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- Administrative Law & Regulatory Practice
- Commercial Disputes
- Litigation & ADR
- Landlord-Tenant & Leasing Disputes
- Shopping Centers & Retail
John’s commercial litigation practice focuses primarily on healthcare and real estate with extensive experience in state and federal courts, administrative proceedings and mediations/arbitrations. John’s practice also includes serving as a hearing officer and mediator and as an adjunct professor of law. Prior to joining the firm, John served as a staff judicial law clerk for the Supreme Court of Virginia.
John routinely represents hospitals and health systems, advising various committees, hospital staff and MECs/governing boards on:
- Peer review, credentialing, and bylaw compliance;
- Fair Hearings/administrative proceedings pertaining to physician privileges/employment disputes;
- Compliance reviews/audits, regulatory appeals and related litigation;
- DMAS audits/administrative hearings; and
- HIPAA compliance, NPDB requirements, contracts/business associate agreements and contract disputes.
John’s Fair Hearing experience includes serving as counsel to various hospitals and their MECs, serving as counsel to the Fair Hearing Panel and serving as a Hearing Officer.
In addition to hospitals and health systems, John represents medical practices, physicians and other healthcare professionals on a wide variety of matters, including physician office operations, HIPAA compliance, contracts and contract/employment disputes.
He also represents physicians and other healthcare professionals in licensure and related administrative proceedings before various regulatory Boards.
John also represents manufacturers in the healthcare field in various types of product liability litigation.
John’s real estate practice focuses upon a variety of leasing and related matters, representing regional and national shopping center/mall owners/developers, hospitals and health systems and national owners/developers of multi-family housing. With his extensive knowledge of the laws pertaining to landlord-tenant relationships, Stark and Anti-Kickback, creditor rights and bankruptcy, John is called upon to handle a variety of litigation matters and to assist in the development of non-litigation dispute resolution strategies.
Healthcare Litigation/Regulatory Matters
- Representation of various hospitals and health systems in Fair Hearings and related administration/litigation matters.
- Serving as a Hearing Officer and counsel to the Hearing Panel in Fair Hearings.
- Counsel to hospital executive staff and committees on a variety of operational, management and physician privilege/employment issues. Examples include:
- Addressing issues arising during the credentialing process.
- Handling matters arising following precautionary and other physician suspensions/investigations.
- Preparing behavioral contracts relative to disruptive physicians.
- Providing guidance as to bylaw compliance, NPDB reporting requirements, HIPAA compliance, responses to medical records subpoenas, physician contracting, resolving physician disputes/employment issues.
- Representation of hospitals, health systems and other healthcare providers in internal investigations, compliance audits and related appeals/litigation. In one particular case, a challenge to the particular audit methodology employed by the governmental agency resulted in the withdrawal of a multimillion dollar assessment.
Real Estate/Landlord/Tenant Matters
- Representation of a regional and national mall and shopping center developers and owners in hundreds of tenant disputes as well as slip and fall cases. In one particular suit arising out of the tenant's default and a subsequent suit filed by the tenant challenging the owner's sale of tenant's restaurant furniture and equipment, a jury returned a verdict in favor of the owner following only 10 minutes of deliberation.
- Representation of national apartment owners and developers in hundreds of tenant disputes as well as slip and fall cases.
- Representation of hospitals, health systems in real estate/tenant litigation.
- Representation of a locality following its decision to deny a particular subdivision request. The locality's decision was upheld following a six-month long trial.
Representation of manufacturers in various types of product liability litigation including prosthetic devices, asbestos, seat belts, swimming pools and food. Many of these cases arose in various federal courts and concluded with favorable summary judgment dismissals.
- University of Richmond School of Law, J.D., Moot Court, Law Review
- Virginia Tech, B.A., Mass Communications
Published Works/Speaking Engagements:
Adjunct Professor at Law
- Adjunct Professor, Advanced Trial Practice and Lawyering Skills, University of Richmond School of Law, 1997-present
- Author, “OSHA Pursues Healthcare Providers for Failing to Protect Employees from Workplace Violence,” American Health Lawyers Association Hospitals and Health Systems Practice Group E-Mail Alert, September 2016
- Author, “OSHA Seeks to Curb Workplace Violence in Healthcare Settings,” Healthcare Business Today, September 2015
- Co-author, with Emily M. Scott, “Social Media Do’s and Don’ts for Healthcare Providers,” Inside Healthcare, August 2015
- Author, “Mobile Storage Devices Get a Thumbs Down in the Healthcare Industry,” Hirschler Fleischer Healthcare Alert, May 2015
- Co-author, with Angela R. Matney, “Failure to Have HIPAA-Compliant Policies Can Be Costly – Even for Small Providers,” January 2014
Speaking Engagements include:
- Co-presenter, “Ethical Conundrums for Counsel Advising On Compliance Reviews and Voluntary Disclosures – Who and What May Be Reported and How,” AHLA Hospitals and Physicians Law Institute, February 2017
- Lecturer, “HIPAA Compliance,” Medical Records Law in Virginia, Lorman Education Seminar, June 2014
- Lecturer, “Access to, Retention and Destruction of Medical Records and Responding to Subpoenas,” Medical Records Law in Virginia, Lorman Education Seminar, April 2014
- Lecturer, “HIPAA Compliance in Light of HITECH and the Omnibus Final Rule,” Lorman Education Seminar, June 2013
- Lecturer, "HIPAA Compliance and the HITECH Act," Medical Records Law in Virginia, Lorman Education Seminar, April 2013
Speaking Engagements include:
- Lecturer, “Virginia Landlord and Tenant Law Update,” Lorman Education Webinar, October 2016
- Lecturer, “Landlord and Tenant Law: Essential Issues,” Landlord and Tenant Rights and Obligations; Evictions: Excuses and Traps When Things Go Bad, Sterling Education Seminars, September 2016 (Roanoke, VA) and (Richmond, VA)
- Lecturer, “Residential and Commercial Landlord-Tenant Law in Virginia:From Default to Eviction,” Landlord-Tenant Law:Leases, Evictions, Litigation, and Settlements, Sterling Education Seminar, September 2015
- Lecturer, “Special Issues for Landlords,” Residential Landlord-Tenant Law in Virginia,Lorman Education Seminar, December 2014
- Lecturer, “Landlord and Tenant’s Rights, Evictions and Landlord Tenant Bankruptcy Issues,” Annual Landlord-Tenant Law in Virginia, Sterling Education Services, September 2014
- Moderator and Speaker, "Commercial Landlord-Tenant Law," and "Bankruptcy Issues Affecting the Landlord-Tenant Relationship," Landlord and Tenant Law in Virginia, Lorman Education Seminar, February 2013
- Board of Directors, CrossOver Healthcare Ministry, 2016-present
- Patient Advisory Council, Chippenham-Johnston Willis Hospitals, 2011-2015
- Board of Directors, Leadership Metro Richmond, 2005-2011
- Board of Directors and Past President, Science Museum of Virginia Foundation, 2000-2010
- Founder, The John Ivins Worship Band (www.johnivins.com), 2000-present
- Worship Leader, Powhatan Community Church, 2009-present
- Past Board Member and President, University of Richmond Law School Association
- Past Board Member, Make-A-Wish Foundation of Central and Western Virginia
- Past Board Member, Richmond Bar Association
- Past Board Member, Fellowship of Christian Athletes, Capital Region
- Selected for inclusion in The Best Lawyers in America, Litigation–Real Estate, Woodward/White, Inc., 2011-2018
- Named “Richmond Lawyer of the Year,” Litigation – Real Estate, The Best Lawyers in America, Woodward/White, Inc., 2017
- Selected for inclusion as a “Super Lawyer,” Healthcare, Virginia Super Lawyers, Thomson Reuters, 2006, 2011-2017
- Named to "Legal Elite" (Healthcare), Virginia Business, 2006-2014, 2016-2017
- Martindale-Hubbell: "AV" Peer Review Rated
- American Bar Association (Member, Health Law; TIPS, Products, General Liability and Consumer Law Committees) (Member, Interest Groups on Healthcare Facility Operations, Healthcare Litigation and Risk Management and Physician Issues)
- American Health Lawyers Association (Member, Practice Groups: Hospital and Health Systems; Medical Staff, Credentialing and Peer Review and Health Care Liability and Litigation)
- Virginia State Bar
- Virginia Bar Association (Member, Civil Litigation and Health Law Sections; Past Member, Young Lawyers Executive Committee)
John has served Hirschler Fleischer in many leadership positions, including member of the board of directors, litigation section vice chair, hiring officer and recruiting chair.
- United States District Courts (E.D. Va.; W.D. Va.)
- United States Bankruptcy Court (E.D. Va.)
- United States Court of Appeals (4th Circuit)
- United States Supreme Court