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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, and a variety of risk management issues including OSHA.
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. John is also on the American Health Lawyers Association panel of neutrals as both a mediator and hearing officer.
In addition to hospitals and health systems, John represents medical and dental practices, physicians, dentists and other healthcare professionals on a wide variety of matters, including medical/dental office operations, HIPAA compliance, contracts and contract/employment disputes.
He also represents physicians, dentists 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 and REITs, hospitals and health systems, long-term care facilities 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 administrative/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 regional and national mall and shopping center developers and owners in various matters, including disputes involving easement/REA issues, hundreds of tenant disputes, including evictions and occupancy-related issues, and slip and fall and other premises liability issues. In one particular suit arising out of a tenant’s default and a subsequent suit filed by the tenant challenging the shopping center owner’s sale of tenant’s restaurant furniture and equipment, a jury returned a verdict in favor of John’s shopping center client after only 10 minutes of deliberation.
- Representation of national apartment owners and developers in hundreds of tenant disputes, including evictions and other occupancy-related issues, as well as slip and fall cases.
- Representation of hospitals, health systems and long-term care facilities 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 of Law
- Adjunct Professor, Advanced Trial Practice and Lawyering Skills, University of Richmond School of Law, 1997-2017
Industry Media Comments include:
- Quoted in “Hospital Liability Possible with EHR-related Claims,” Healthcare Risk Management, April 2018 (John discusses various EHR-related claims arising around the country and possible risk scenarios)
- Quoted in “Legal Risks Abound in Peer Review: Good Process Required,” Hospital Peer Review, March 2018 (John discusses good practices for hospitals to follow in the peer review process)
- Quoted in “Work Carefully with Counsel to Ensure Best Results,” Healthcare Risk Management, February 2018 (John discusses effective communication between and among in-house counsel, risk managers and outside counsel)
- Quoted in “Cybersecurity and Outsourcing Among Top Concerns for 2018,” Healthcare Risk Management, January 2018 (John discusses new regulatory and compliance risks likely to arise in 2018 as a result of the opioid crisis)
- Quoted in Letter Response to “Taking Aim at Virginia’s Opioid Crisis Through Changes in Public Health Law,” Virginia Lawyer, December 2017 (John comments upon certain aspects of the opioid crisis and the importance for lawyers to be aware of emerging regulatory developments at the state and federal levels)
- Author, “Recent Suit Against Mount Sinai St. Luke’s Hospital Reflects Ongoing Efforts by Patients to Pursue Private Causes of Action in State Courts for HIPAA Violations,” American Health Lawyers Association Hospitals and Health Systems Practice Group E-Mail Alert, October 19, 2017
- 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 22, 2016
- Co-author, with Jacqueline C. Hedblom, “Telemedicine: The Intersection of Convenience and Policy Poses Difficult Challenges for the Courts,” Inside Healthcare, Winter/Spring 2016
- Author, “OSHA Seeks to Curb Workplace Violence in Healthcare Settings,” Healthcare Business Today, September 2, 2015
- Co-author, with Emily M. Scott, “Social Media Do’s and Don’ts for Healthcare Providers,” Inside Healthcare, Summer 2015
- Author, “Mobile Storage Devices Get a Thumbs Down in the Healthcare Industry,” Hirschler Fleischer Healthcare Alert, May 4, 2015
- Co-author, with Angela R. Matney, “Failure to Have HIPAA-Compliant Policies Can Be Costly – Even for Small Providers,” January 14, 2014
Speaking Engagements include:
- Lecturer, “Ethical Conundrums for Counsel Advising on Compliance Reviews and Voluntary Disclosures – Who and What Must Be Reported and How,” American Health Lawyers Association Physicians and Hospitals Law Institute, February 1-3, 2017; February 5-7, 2018
- Lecturer, “Virginia Medical Records Law: Navigating the Complex Web of Privacy and Access Laws,” Lawline.com live webinar, September 25, 2017
- Lecturer, “HIPAA Compliance,” Medical Records Law in Virginia, Lorman Education Seminar, June 4, 2014
- Lecturer, “Access to, Retention and Destruction of Medical Records and Responding to Subpoenas,” Medical Records Law in Virginia, Lorman Education Seminar, April 29, 2014
- Lecturer, “HIPAA Compliance in Light of HITECH and the Omnibus Final Rule,” Lorman Education Seminar, June 4, 2013
- Lecturer, "HIPAA Compliance and the HITECH Act," Medical Records Law in Virginia, Lorman Education Seminar, April 18, 2013
Speaking Engagements include:
- Lecturer, “Virginia Landlord and Tenant Law Update,” Lorman Education Services live webinar, January 31, 2018
- Lecturer, “Virginia Landlord-Tenant Disputes: The Intersection of the Lease, the Laws and the Landlord-Tenant Relationship,” Lawline.com live webinar, September 25, 2017
- Lecturer, “Virginia Landlord and Tenant Law Update,” Lorman Education Webinar, October 26, 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 28, 2016 (Roanoke, Va.) and September 8, 2016 (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 10, 2015
- Lecturer, “Special Issues for Landlords,” Residential Landlord-Tenant Law in Virginia,Lorman Education Seminar, December 5, 2014
- Lecturer, “Landlord and Tenant’s Rights, Evictions and Landlord Tenant Bankruptcy Issues,” Annual Landlord-Tenant Law in Virginia, Sterling Education Services, September 11, 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 12, 2013
- Advisory Board, Goodwill of Central and Coastal Virginia, 2018
- Board of Directors, Governance Committee Chair, 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
- Named “Richmond Lawyer of the Year,” Litigation – Real Estate, The Best Lawyers in America, Woodward/White, Inc., 2017
- Selected for inclusion in The Best Lawyers in America, Litigation–Real Estate, Woodward/White, Inc., 2011-2017
- Profiled in field of Health Law by Virginia Business magazine, “Legal Elite,” December 2015
- Named among the “Legal Elite,” Healthcare, Litigation and ADR, Virginia Business magazine, 2006-2017
- Selected for inclusion as a “Super Lawyer,” Business Litigation and Healthcare, Virginia Super Lawyers, Thomson Reuters, 2006, 2011-2017
- AV Peer Review Rated, Martindale-Hubbell
- 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, healthcare practice chair and co-chair, firm hiring officer and firm 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