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Overview

Richard is a litigator who tackles a wide variety of matters for healthcare clients.

Richard has more than thirty-five years of experience in healthcare litigation, government investigations, and dispute resolution, dating back to his early career in the New York City U.S. Attorney’s Office as part of the Department of Justice. Most ‘disputes’ are no longer resolved in traditional litigation settings such as courtrooms, and litigators are increasingly called on to manage and resolve disputes before they go to court. Richard sees litigation as a practical problem to be solved for a client, one that creates an opportunity to find a solution that meets the client’s needs.

While Richard has worked on nearly every sort of litigation matter that might touch a healthcare provider, much of his current healthcare litigation practice focuses on a few key areas: responding to government investigations, professional licensing matters, peer review and medical discipline and credentialing, the federal False Claims Act, and general commercial litigation for healthcare organizations. He regularly represents medical professionals in licensing, disciplinary and regulatory proceedings before licensing boards, and he manages issues that arise with medical staff privileges during credentialing and disciplinary processes. In False Claims matters, he has represented both whistleblowers and defendants, and he has handled these cases on behalf of the government.

In addition, Richard often manages general commercial litigation for healthcare organizations, such as contractor disputes or real estate problems. He is adept at handling the many complexities state and federal healthcare regulations can introduce into these lawsuits.

Richard also has a niche practice in academic and research misconduct, representing scientists, researchers and academics against allegations of misstated data or other research fraud, including in situations where debarment or suspension is at stake. He has been involved in proceedings before IRBs, and he has advised scientists and others who participate in the drug development and clinical trials process. He’s attracted to the intellectual challenges and the complex scientific matters that are a part of these cases.

While most of his practice is concentrated in healthcare and the life sciences, Richard also has decades of experience in public construction, as well as in Massachusetts government ethics, lobbying and campaign finance matters.


Industries

Services

Education

  • J.D., Brooklyn Law School
    • cum laude
  • B.A., University of Chicago

Admissions

  • Massachusetts
  • New York
  • Rhode Island
  • U.S. Court of Appeals, First Circuit
  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court, District of Massachusetts
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, District of Rhode Island
Experience

Research and Scientific Misconduct

  • Obtained first-ever ruling in which an ORI debarment order was vacated and a scientist was entitled to a de novo hearing before a federal administrative law judge. Led to favorable settlement in which no debarment was imposed, and the scientist was able to continue receiving federal grant funding.
  • Represented a naturalized U.S. citizen against allegations of failing to disclose funding from the Chinese Government.
  • Represented a scientist whose inventions were part of a confidential U.S. grant application and were later found to be part of a patent approved by a foreign government.
  • Persuaded numerous confidential university and institutional faculty panels to dismiss claims of academic or research misconduct.
  • Represented a senior scientist in an NIH funded lab where the PIs and another senior researcher were found to have committed misconduct, and the institution paid a sizable amount to the U.S. Government to settle allegations of false claims. The allegations against the client were dismissed at the inquiry stage, and the identity of the client and the allegations never became public.
  • Represented a junior researcher who was accused, along with the PI, of misstating data in a clinical trial. The misconduct allegations were rejected by the investigation panel, and the identity of the client and the allegations never became public.
  • Representation of a PI/lab head where tissue images were found to be erroneous. The misconduct allegations were rejected by the investigation panel, and the identity of the client and the allegations never became public.
  • After misconduct findings by an institution, persuaded government agencies not to pursue formal debarments or suspensions. In other cases, negotiated significant reductions in penalties imposed by federal regulatory authorities against scientists found to have committed misconduct.
  • Responded on behalf of a scientist whose published data had been questioned by a journal reviewer. After a lengthy process, the journal rejected the allegations of data fabrication and no misconduct proceeding was commenced. The matter has never become public.
  • Represented a junior scientist who had been improperly denied an authorship credit on a research project where the scientist had made a substantial intellectual contribution.

Healthcare

  • Obtained dismissal of all claims against a Boston area hospital after it had been sued by a physician network for allegedly interfering in network's contract with an independent physician organization.
  • Persuaded the Massachusetts Board of Registration in Medicine to license a physician after the Board's staff rejected the application.
  • Persuaded the Board of Registration's Complaint Committee to dismiss charges of physician misconduct.
  • Successfully defended a major North Shore community hospital in commercial litigation by a physician practice, resulting in a dismissal of the lawsuit prior to discovery on terms very favorable to the hospital.
  • Obtained a substantial settlement for a major Boston hospital from primary care providers who moved to a competing facility.
  • Obtained substantial settlements for several non-profit healthcare clients involving claims of securities fraud against investment advisors and managers.
  • Obtained substantial settlement for physician who had been illegally terminated by a large Boston area practice group.
  • Prosecuted numerous physician discipline cases before internal hospital peer review and disciplinary panels. In each case, they resulted in upholding the medical staff's discipline or the removal of a physician from a hospital's medical staff.
  • Obtained summary judgment for a hospital and its medical staff president, dismissing a lawsuit brought by a primary care physician after the doctor was terminated for disruptive behavior.
  • Successfully represented hospitals, physician groups, hospices and other healthcare providers in government fraud and False Claims Act cases.
  • Persuaded government prosecutors on several occasions not to bring civil and/or criminal charges against client physicians and providers.
  • Persuaded a local U.S. Attorney's office to decline intervening in a qui tam federal False Claims Act case involving ‘upcoding' by a healthcare provider.
  • Settled a claim by the Department of Justice against a physician under the Controlled Substances Act involving alleged improper prescribing of opiates and other controlled substances such that the physician's DEA license was not revoked or suspended.
  • Oversaw and/or conducted numerous internal investigations for healthcare providers.
  • Represented owners and providers in numerous employment disputes with present or former employees.
  • Represented numerous hospital employees who were subpoenaed to testify in government investigations.

Construction Industry

  • Obtained multimillion-dollar settlement for private contractor after public owner refused to pay for a change order caused by owner's defective specification and unforeseen site conditions.
  • Persuaded the Attorney General to drop a prevailing wage investigation against a contractor.
  • Obtained a multimillion-dollar judgment against a customer that refused to pay past due water and sewer charges.
  • Obtained a judgment upholding a local water and sewer agency's authority to determine water and sewer rates.
  • Resolved hundreds of contractor claims on the multi-billion dollar Boston Harbor Project at a fraction of the claimed amounts.
  • Successfully defended Massachusetts public agencies in dozens of public contracting bid protests.
  • Recovered hundreds of thousands of dollars from contractor that submitted a fraudulent bid.
  • Recovered millions of dollars for Massachusetts public agencies in cost recovery efforts against engineering and design firms on major Massachusetts public works projects.
  • Obtained dismissal of employment discrimination claims against a real estate development company after employee was terminated for cause.
  • Defended contractors in numerous suits by subcontractors or by disgruntled employees.

Government Ethics/Lobbying/Investigations

  • On numerous occasions, persuaded state regulators not to bring enforcement action against campaign officials and political committees.
  • Obtained rulings from campaign finance regulators that certain campaigns and contributors are not required to disclose certain campaign expenditures or may avoid any public disclosure whatsoever.
News Releases | July 20, 2021
Husch Blackwell Expands into New England
Outside the Office

Richard stays busy outside the office with road biking and scuba diving.

He enjoys long distance road bicycling both at home in the Boston area and on vacation, and he is an avid baseball fan who roots for the Boston Red Sox. He’s also a certified scuba diver who has dived extensively in the Caribbean and south Florida. Richard has also been diving in the Red Sea and the Arabian Gulf, and he hopes to dive in Southeast Asia and Central America.

Richard describes himself as an “inveterate museum goer” and “amateur polymath” who likes to learn about pretty much everything.

Community Leadership

Richard is a long-time member of Temple Sinai of Brookline, where he belongs to a number of committees, including the Israel Education and Action Committee. He also volunteers as a judge for the Boston Debate League, an organization of speech and debate teams in Boston area high schools. Having participated in speech and debate as a high school student, Richard sees great value in professionals sharing their expertise with the next generation.

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