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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, real estate and landlord-tenant matters, and product liability.
John routinely represents hospitals and healthcare 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;
- Regulatory appeals and litigation matters;
- 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 healthcare 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's real estate practice focuses upon a variety of leasing and related matters, representing regional and national shopping center/mall owners/developers as well as national owners and developers of multi-family housing. With his extensive knowledge of the law pertaining to landlord-tenant relationships, 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.
Health Care Litigation/Regulatory Matters
- Representation of numerous Virginia hospitals in Fair Hearings and related litigation filed by physicians. In all instances, the hospitals' positions have been confirmed and litigation dismissed.
- 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 and other health care providers in DMAS audits and appeals. In one particular case, the appeal challenged the methodology used by the State and resulted in the State's 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 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 asbestos, prosthetic devices, seat belts, swimming pools and food. Many of these cases arose in various federal courts and were dismissed on summary judgment.
- 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 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, August 26, 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, "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, "HIPPA 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
- 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
Pro Bono/Community Service:
- Board of Directors and Past President, Science Museum of Virginia Foundation
- Patient Advisory Council, Chippenham-Johnston Willis Hospitals, 2011-present
- Board of Directors, Leadership Metro Richmond, 2005-2011
- Founder, The John Ivins Worship Band (www.johnivins.com)
- Worship Leader, Powhatan Community Church
- Former Board Member and Past President, University of Richmond Law School Association
- Former Board Member, Make-A-Wish Foundation of Central and Western Virginia
- Former Board Member, Richmond Bar Association
- Former Board Member, Fellowship of Christian Athletes, Capital Region
- Selected for inclusion in The Best Lawyers in America, Litigation – Real Estate, Woodward/White, Inc., 2011-2016
- Selected for inclusion as a “Super Lawyer,” Business Litigation, Virginia Super Lawyers, Thomson Reuters, 2006, 2011-2016
- Virginia Business Magazine's Legal Elite, 2006-2014 (Health Law, Litigation and ADR)
- 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)
- 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 litigation section vice chair, hiring officer and board member.
- 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