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LindaClark

Partner

"True satisfaction in my litigation practice comes from working with a team that shares a driving, unyielding commitment to creatively advancing a client's legitimate interests."

Overview

Biography

Linda is Barclay Damon's health care controversies team leader. A nationally recognized litigator with over 30 years of experience, she serves as lead litigation counsel as well as national, regional, and local counsel in the prosecution and defense of claims brought in state and federal courts on behalf of large groups of business and institutional clients.

Linda is a trusted advisor to health care providers, pharmaceutical companies, and pharmacies nationwide in resolving high-stakes disputes and government investigations and regulatory proceedings. She represents health care professionals and entities in all types of civil, criminal, and administrative proceedings, hearings, and appeals before various federal and state regulatory agencies, including the NYS Office of the Medicaid Inspector General (OMIG), the NYS Attorney General’s Office (OAG) the NYS Department of Health (DOH), and their federal counterparts, including the Office of Inspector General (OIG) and the United States Department of Justice (DOJ) among others.

Linda's practice additionally focuses on complex multiparty group and class-action litigation in state and federal courts in New York and beyond. She has extensive experience serving as regional, national, and trial counsel, representing drug manufacturers, product manufacturers, and contractors in the defense of class-certification applications and mass-tort claims.

In addition to her role at Barclay Damon, for over 20 years, Linda served as court-appointed defense liaison counsel for three jurisdictions in the Northern District of New York in asbestos litigation, working with hundreds of defense firms and the judiciary in the administration of these cases. She also currently serves as a court appointee to several high-profile administrative committees for the NYS and federal court systems and has served as a judicial hearing officer for five years, hearing cases involving alleged judicial misconduct by the judiciary.

Bar Associations

  • New York State Bar Association, Commercial & Federal Litigation Section Executive Committee Member; Health Law Section Litigation Committee Chair
  • Capital District Women’s Bar Association, Former President and Board Member

Selected Memberships & Affiliations

  • American Society for Pharmacy Law, Member
  • National Association for Specialty Pharmacy Legal Committee, Co-Chair
  • New York State Judicial Conduct Commission, Hearing Officer
  • New York State Conference of Bar Leaders, Former Chair
  • State and Federal Judicial Advisory Council, Advisory Panel Appointee for the State of New York Supreme Court, Appellate Division, Third Judicial Department
Experience

Representative Experience

  • Acted as lead health care litigation partner in diverse Supreme Court Article 78 actions challenging state policies and actions by the NYS OMIG, NYS DOH, NYS OPWDD, and other agencies against providers, including the imposition of withholds, improper provider termination, and failure to admit qualified providers to the Medicaid program.
  • Represented state pharmacist’s society against NYS DOH in landmark case challenging mandatory mail-order requirements for Medicaid that resulted in curative legislation restoring and protecting community pharmacies and the rights of their patients.
  • Represented a physician in a landmark lawsuit against insurers for failing to protect the physician's confidential information from fraud and abuse by third parties.
  • Represented over 150 health care, manufacturing, and other business and institutional clients in mass and class-action litigation arising out of the failure of various self-insured trusts, involving over $500 million in claims in state, federal, bankruptcy, and Article 78 litigation.
  • Successfully defended major Manhattan-based pharmacy from major PBM termination proceedings.
  • Served as hearing counsel to a national pharmacy chain in a series of successful Medicaid-audit hearings, challenging the state’s extrapolation and findings.
  • Represented community and specialty pharmacies, home care agencies, transportation providers, and other health care providers in audits and investigations initiated by payors, PBMs, and the NYS OMIG.
  • Successfully recovered millions of dollars on behalf of pharmacy clients and other health care providers in improper recoupments and chargebacks.
  • Negotiated settlements of fee dispute and claims reimbursement issues, including generic effective rate (GER), on behalf of pharmacies and other providers.
  • Defended large NYC-based substance abuse provider from criminal and civil charges brought by NYS OPWDD and NYS OAG (Medicaid Fraud Control Unit) and US DOJ alleging fraud and kickbacks and seeking damages and receivership.
  • Successfully secured a preliminary injunction barring the NYS DOH from implementing dramatic cuts in Medicaid reimbursement for incontinence supplies.
  • Served as counsel to a home health care agency and provided representation in multiple audits by OMIG, resulting in significant reductions in overpayment amounts. Also negotiated settlement agreements with OMIG, resulting in agreements for even lower overpayment amounts.
  • Successfully represented OPWDD provider in rate challenge proceedings in NYS Supreme Court resulting in favorable decision directing rate change.
  • Successfully advocated for a physician's enrollment in Medicaid following a wrongful exclusion and successfully negotiated the physician's return into numerous health care provider networks.
  • Handled a high-profile federal civil rights case alleging the NYS OMIG and the NYS DOH overstepped the state's legitimate auditing authority and took unauthorized and improper actions, including disparaging a client to customers.
  • Represents Fortune 500 companies as the lead litigation partner in complex products liability and multiparty mass-tort litigation as local, regional, and national counsel, handling cases from discovery to trial.
  • Handled numerous trials of in extremis mesothelioma asbestos cases on behalf of a national manufacturer involving naval exposure and other industrial exposures, resulting in numerous defense verdicts and, most recently, a minimal 2 percent allocation of a $7 million verdict.
  • Served as court-appointed defense liaison counsel in most Upstate NY jurisdictions, representing more than 150 defense firms and assisting courts and their staffs in managing hundreds of trial-listed asbestos cases. Has tried six mesothelioma cases, with the majority of verdicts resulting in defense verdicts, dismissals, or nominal verdicts.
  • Represented a global energy client as the lead litigation partner in the defense of a federal catastrophic transnational personal-injury claim related to electrical grid operations in Ukraine.

Prior Experience

  • Hiscock & Barclay, LLP, Partner
  • Iseman, Cunningham, Riester & Hyde, LLP, Partner

Selected Honors

  • Selected to Super Lawyers Upstate New York: Business Litigation and Health Care, 2010–2021
  • New York State Bar Association Commercial & Federal Litigation Section, Hon. Shira A Scheindlin Award for Excellence in the Courtroom, 2017
  • Selected to Super Lawyers Upstate New York: Top 25 Women Lawyers, 2017
  • Selected to Super Lawyers New York: Top 100 Health Care Lawyers
  • The Best Lawyers in America®: Mass Tort Litigation/Class Actions – Defendants, 2013–2022
Knowledge

Selected Speaking Engagements

  • Perrin Conferences, “Hot Topics in Pharmacy Benefit Manager Disputes and Litigation” CLE
  • Presentation to NYS Office of the Attorney General, “Laws Impacting Fraud and Abuse 101”
  • National Community Pharmacists Association, “A Tale of Two Courts: How Opioid Cases, Evolving During the COVID-19 Crisis, May Shape Pharmacist Liability and Best Practices” CPE
  • National Association of Specialty Pharmacy Annual Meeting & Expo, “Kickbacks, Inducements, False Claims, and Other Fraud Landmines to Avoid”
  • New York State Bar Association Health Law Section Annual Meeting, “Data and Technology Driven Issues in Health Care Litigation”

Selected Publications & Media

Selected Alerts & Blog Posts

Featured Media

Alerts

Third Circuit Ruling Recognizes Due Process Claim in Favor of Drug Distributors Subjected to Quasi-Governmental Credentialing Standards

Alerts

CPLR Article 52 Is Exclusive Vehicle to Challenge Use of Enforcement Procedures

Alerts

HHS OCR Issues Guidance on the Use of Remote Communication Technologies for Audio-Only Telehealth Services

Alerts

ADA Accessibility Lawsuits: Appellate Court Affirms Dismissal of Braille Gift Card Complaints

Alerts

Subchapter Five Debt Limit Update: What Was Down Is Heading Back Up!

Alerts

President Biden Uses Production Defense Act Authority to Suspend Tariffs on Solar Imports From China and Other Countries Amid Ongoing Commerce Probe

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