Zachary Rothenberg

Partner

Zach Rothenberg

Contact

Education

  • Harvard Law School, J.D., 2001
  • Columbia, B.A., 1996

Zach Rothenberg is a partner at Nelson Hardiman with nearly 15 years of experience litigating business disputes in federal and state courts and in arbitration.

Zach’s practice focuses primarily on litigating healthcare industry business disputes. Zach regularly represents healthcare clients in cases involving breach of contract, fraud, unfair competition, and misuse of trade secrets, among others. Zach also has deep experience litigating employment-related cases, on behalf of both employers and employees, and litigating payment disputes involving managed care entities.

Zach’s healthcare clients have ranged from individual doctors, nurses, and other individual healthcare providers, to ambulatory surgery centers, pharmacies, and drug rehabilitation facilities, to hospitals and Independent Practice Associations (“IPAs”).

Prior to joining Nelson Hardiman, Zach was a partner at the litigation boutique, Grodsky & Olecki LLP, where in addition to his healthcare practice, he represented a wide range of clients in other business litigation, including actors, producers, musicians and other entertainment industry clients; lawyers, accountants, and other professionals; auto dealership franchises; online marketers and resellers; food manufacturers; and investment advisors. As a result, Zach is able to leverage a broad knowledge of numerous industries and business models when advising healthcare clients.

Zach served for three years as a member of the Board of Directors of the California Young Lawyers Association, having been elected to the position by his peers in the Los Angeles legal community. Zach is active in the local and State-wide health law community, holding leadership positions with both the Los Angeles County Bar Association and Beverly Hills Bar Association. Zach is also an active member of ProVisors, an association of preeminent trusted advisors throughout California. Zach received his J.D. from Harvard Law School in 2001 and his undergraduate degree from Columbia University in 1996.

Representative Experience

  • Whistleblowing Defense. Settled a potential large whistle-blower lawsuit on behalf of an addiction treatment facility. In addition to potential false claims act violations, a former employee alleged a hostile work environment (constructive discharge) and retaliation. Sensing an opportunity with an eager plaintiff, Nelson Hardiman proposed an unusual pre-filing mediation, which resulted in a quick settlement for a fraction of the original demand amount.
  • Represented bariatric surgeon in bringing contract, tort, and Labor Code claims against former employer/medical practice represented by litigation department chair for national law firm.  After five-day arbitration, awarded 100% of unpaid wages, interest, civil penalties, and attorneys’ fees.
  • Represented IPA in five-year action against laboratory, defending against numerous claims and legal theories seeking in excess of $1,500,000 for lab testing performed after termination of the parties’ agreement.  Following five days of arbitration, arbitrator dismissed all but one claim, reducing potential exposure to a fraction of the claimed amount.
  • Represented ambulatory surgery center in out-of-network “fee forgiveness” action against major insurance company.  Pursuing in excess of $3,000,000 for claims improperly denied based on claim that surgery center “forgave” patient contribution as inducement for using out-of-network facility.  Obtained successful rulings on: motion to remand from Federal Court, demurrers, motions to compel discovery.
  • Litigation: Prevailed in a two-day contempt trial on behalf of a licensed provider of assisted living services to developmentally disabled residents, against a former employee, for wrongfully poaching clients. Back in 2015, Zach won a judgment against the former employee, not only for money, but that also included a permanent injunction prohibiting the former employee from ever soliciting the clients of Zach’s client. When Zach recently learned that the former employee was violating the injunction by attempting to steal clients, Zach filed papers with the Court to re-open the case and initiate contempt proceedings. During the contempt trial, Zach faced significant evidentiary challenges, including that several key witnesses were developmentally disabled. However, Zach was able to solicit testimony on cross-examination proving not only that the former employee was soliciting clients, but also that she was attempting to intimidate witnesses and, as the judge noted, potentially suborning perjury. The judge ultimately ruled in Zach’s favor, awarding civil penalties and the recovery of attorney’s fees.
  • The father of a teenager being treated for addiction wrongfully pocketed more than $100,000 in insurance proceeds to buy a house instead of reimbursing a recovery facility. On behalf of the facility, Zach filed multiple actions against the father including for unjust enrichment and fraud. The case was further complicated by the fact that the father never signed any contracts with the rehab facility and worked out of state. However, Zach was able to serve the defendant through some unique sleuthing efforts and dogged determination. In the end, he won a full judgment plus interest against the father.
  • Representing nurse in pre-litigation efforts to resolve dispute with former physician-employer alleging misappropriation of trade secrets, fraud, and unfair competition based on nurse’s communications with patients announcing her departure.

Associations, Memberships & Awards

  • Named a Rising Star by Los Angeles Magazine each year of eligibility since 2008
  • Executive Committee Member of Los Angeles County Bar Association Healthcare Law Section (Guest)
  • Executive Committee of Beverly Hills Bar Associate Health Law Committee
  • Education Committee Member of California Society for Healthcare Attorneys
  • Member of American Health Lawyers Association
  • Member of ProVisors
  • Former member of Board of Directors of California Young Lawyers Association

Publications

Speaking Engagements 2017 2016

Life Outside the Firm

When Zach isn’t carting his kids to school, soccer practice, or drum lessons, he can be found cycling along Mulholland Drive or the Pacific Coast Highway in a nifty spandex outfit (and helmet, of course) preparing for his next triathlon. For many years, Zach spent his evenings catching live music all around town, but, now a dad, he is resigned to the living room with his Spotify account and a nice single malt.