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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 20 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. She represents health care professionals and entities in administrative proceedings, hearings, and appeals before various federal and state regulatory agencies, including the NY Office of the Medicaid Inspector General, the NYS Department of Health, and the NYS Workers’ Compensation Board. She also represents insurers, health-related providers, third-party administrators, and other regulated entities in investigative and regulatory proceedings.

Linda’s practice additionally focuses on complex multi-party litigation. 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. She has successfully litigated and managed thousands of asbestos cases for Garlock and other national and regional manufacturers. These engagements have included extensive trial work, leading to four verdicts in Upstate NY asbestos litigation as well as the successful management and coordination of discovery and national trial strategies.

In additional to her role at Barclay Damon, Linda has served as court-appointed defense liaison counsel for three jurisdictions in the Northern District of New York for the past 15 years. In this position, she has represented over 130 law firms practicing Upstate NY asbestos litigation.

Bar Associations

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

Selected Memberships & Affiliations

  • The American Society of Legal Advocates
  • Northern District of New York Third, Fourth, and Sixth Judicial Districts, Court-Appointed Defense Liaison Counsel
  • New York State Judicial Conduct Commission, Hearing Officer
  • New York State Conference of Bar Leaders, Executive Council Member and Former Chair
  • State and Federal Judicial Advisory Council
Experience

Representative Experience

  • Represents Fortune 500 companies as the lead litigation partner in complex products liability and multi-party mass-tort litigation as local, regional, and national counsel, handling cases from discovery to trial.
  • Defends premises owners and manufacturers and distributors of consumer and intermediary goods and equipment, including building and construction materials, automotive parts, heating products, sealing products, molding compounds, pumps, paper-mill equipment, and other equipment and machinery.
  • Serves 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 group of downstate DME providers suing New York State after deep Medicaid-reimbursement cuts for incontinence supplies would have eliminated local home-delivery-service networks. Successfully obtained an injunction from the state Supreme Court in favor of the clients.
  • Represented over 150 health care, manufacturing, and other business and institutional clients in mass and class 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.
  • Secured the dismissal of a wrongful-death claim against a public university arising out of an unauthorized dorm room boxing match. The Court of Claims decision is considered to be landmark.
  • Acted as lead health care litigation partner in diverse Supreme Court Article 78 actions challenging state policies, obtaining injunctive relief and challenging a range of agency actions by the NYS Office of the Medicaid Inspector General against providers, including the imposition of withholds, improper provider termination, and failure to admit qualified providers to the Medicaid program.
  • Served as hearing counsel to a national pharmacy chain in a series of successful Medicaid-audit hearings, challenging the state’s extrapolation and findings.
  • Handled a high-profile federal civil rights case alleging the NYS Office of the Medicaid Inspector General and the NYS Department of Health overstepped the state's legitimate auditing authority and took unauthorized and improper actions, including disparaging a client to customers. Successfully defended against a motion to dismiss made by the defendants, allowing the case to go forward in federal court pursuant to a widely published landmark decision.
  • 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.
  • 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.
  • Served as counsel to the Planning Board of the Town of Guilderland, counseling the board and town regarding various matters pertaining to zoning and planning in related procedural and environmental issues.

Prior Experience

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

Selected Community Activities

  • Project Strive, Former Board of Directors Member

Selected Honors

  • The Best Lawyers in America®: Mass Tort Litigation/Class Actions—Defendants, 2013-2019
  • Selected to Super Lawyers Upstate New York: Business Litigation and Health Care, 2010-2018
  • 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
Knowledge

Selected Speaking Engagements

  • National Association of Specialty Pharmacy Annual Meeting & Educational Conference, “Managing Payor Relationships”
  • American Conference Institute Asbestos Conference, “New York Update: A Trio of Verdicts”
  • New York State Bar Association Health Law Section Annual Meeting, “Implication of the 60-Day Window for Reporting and Repayment of Overpayments, Etc.”
  • Perrin Conferences, "Litigating Asbestos Cases in Today’s Environment: Asbestos Decisions and Verdicts in New York – It’s All About the Shares”
  • American Conference Institute National Asbestos Summit, “Garlock: The Decision and Its Aftermath, Mirage or Paradigm Shift?”

Selected Publications & Media

Alerts

News

Blog Posts

Events

Featured Media

Alerts

A Rule of Reason Dictated for OMIG "System Match" Desk Audits

Alerts

NYS's Landmark Climate Legislation Aims to Cut Greenhouse Gases, Increase Renewable Energy

Alerts

Start Delayed for Required Massachusetts Paid Family and Medical Leave Contributions

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