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Chair, Litigation

Keith Roberts Esq. is Chair of the Litigation practice. A leading practitioner in the healthcare and regulatory fields, Mr. Roberts represents health industry clients on various litigation matters, including regulatory matters (including the structuring of transactions to comply with applicable exceptions/safe harbor of state and Federal Fraud and Abuse Laws), negotiations with third party payors, licensure matters (e.g., Board of Medical Examiners, Board of Pharmacy and other professional board actions), third-party payor (including Medicare/Medicaid) and investigations, litigation, audits, disputes recoupments, and appeals, reimbursement matters, and other commercial litigation, healthcare fraud litigation (e.g., Insurance Fraud Prevention Act).

Keith has extensive litigation experience representing clients in some of the largest, most complex, and high exposure cases with an in-depth understanding of the law and a command of the facts to strategically achieve his clients’ litigation objectives. As a member of the healthcare team at Brach Eichler, Keith is often called upon to represent hospital systems, surgical centers, medical practices, and a wide array of healthcare professionals in complex litigation matters.

He is certified by the New Jersey Supreme Court as a Civil Trial Lawyer. This certification is bestowed by the Court upon select attorneys who demonstrate sufficient levels of experience, education, knowledge and skill in a specific area of law or practice and have been recognized by their peers as having sufficient skills and reputation in the designated area of law, among other requirements. He is often consulted by healthcare professionals for his extensive insight concerning regulatory issues, practice structures, insurance audits, and compliance.

Keith’s track record is well recognized by his peers for successful outcomes at jury trials, administrative hearings, and arbitration. Widely recognized as a leader in healthcare law, Mr. Roberts has received numerous honors and awards, including in 2021 and 2022 the prestigious Healthcare Litigation Department of the Year Award from the American Lawyer Media (ALM). Mr. Roberts has been recognized in the “New Jersey Super Lawyers” list by Super Lawyers® every year since 2017 for Health Care Law.

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Click here for the Awards and Honors Methodology.

REPRESENTATIVE MATTERS

Each matter handled by Keith is dependent upon the unique facts and particular circumstances. An example of successful matters handled by Keith include:

  • Defended a doctor at a in a high profile contested hearing before the New Jersey State Board of Medical Examiners, which was tried over the course of nine days before an Administrative Law Judge.  The case involved complex issues of medicine to include controversial advanced spine surgery techniques requiring the testimony of leading nation experts. The hearing resulted in a 79 page decision by the ALJ. Mr. Roberts successfully demonstrated that all of the challenged surgical treatment rendered was within the standard of care.    
  • Represented a hospital in the Southern Federal District Court of New York, as a defendant, in a $20 million dollar insurance fraud claim alleging multiple regulatory violation and illegal kickback schemes. After litigating the case to the 2nd Circuit Court of Appeals, the insurance carrier was force to settle the case and abandon its claims against the hospital. The case involved complex legal issues that forced an emergent appeal within the federal court system that ultimately resulted in a major win for the client.
  • Currently represents one of the largest hospital system in New Jersey in a complex commercial dispute concerning the provision of anesthesia services. The case, which have national implications, involves the largest anesthesia provider in the United States that is manage by a private equity group. The complex legal issues involves the standard of care as it related to the corporate practice of medicine doctrine, among other issues. Mr. Roberts was asked to serve as lead counsel strategizing what is undoubtedly the one of the most complex healthcare disputes ongoing in New Jersey. The matter is pending in the New Jersey Superior Court, Law Division, Essex County.
  • Represented a durable medical equipment provider in a multimillion dollar insurance fraud action. The insurance carrier alleged illegal kickback schemes with physician with potentially disastrous implications. The matter was favorable resolves for the client, as the carrier settled and abandoned all of it claims for nuisance value after they pressed hard in discovery for proofs. The was pending in the Federal Court, Eastern District of New York.

*Results may vary depending on your particular facts and legal circumstances.

VIDEOS

Number One Issue Facing Medical Practices

What Penalties Do Physicians Face for Neglecting New CDS Measures?

PROFESSIONAL ACTIVITIES

  • Hon. James McGreevey. Mr. Roberts advised the Department of Banking and Insurance (DOBI) on the drafting and implementation of Automobile Insurance Regulations, and Personal Injury Protection benefits. (2002-2006)
  • Former Member of the Forthright NJ Arbitration Advisory Council (2008 -2010)
  • Frequently lecturer for the New Jersey Institute for Continuing Legal Education concerning healthcare and insurance-related matters. Moderator for NJ No Fault College 2002 to present. (Mr. Roberts created the program over 20 years ago)
  • Previously served, from January 2000 to May, 2009 as the Municipal Court Judge for the Borough of Fairview, NJ. In 2000, when he was appointed at 27 years old, Mr. Roberts was the youngest person to become a Municipal Court Judge in New Jersey history.
  • Justice Morris Pashman, American Inn of Court: Served to instruct and lecture young lawyers at the courthouse as Barrister, Member of the Inn. (2002 to 2019)
  • Northvale Police Athletic League: Norther Valley Eagles Jr. Football League, Trustee/Treasurer: Assisted charitable organization to assist junior football league with accounting issues, as well as serving as team photographer each weekend to provide parent with free photos of their children playing football. (2012-2016)
  • Bergen Catholic High School Alumni Association: Volunteer as a Class Chair for the Class of ’86, providing assisting with fundraising activities to includes socials and class reunion events. (2018 to present)