Biography
Steven D. Gorelick joined Garfunkel Wild, P.C. in October 2009. Steve has over 30 years of litigation and trial experience, representing clients across a range of industries, in complex business disputes and litigation, before courts, government agencies, and in arbitration, including, in particular, in the health care and employment law arenas. Steve applies all of the knowledge and skills that he has developed through his years of successful experience, to achieve his clients’ objectives, if necessary, through extensive litigation and trial of cases, while, at the same time, creating leverage and opportunities for his clients to obtain practical and favorable outcomes through negotiated settlement at every stage of a dispute. Steve has successfully prosecuted and defended numerous cases involving co-owners of medical practices, surgery centers and health care businesses, and related buy-out and valuation contests. Steve has a deep knowledge and record of success representing clients in cases involving injunctive and other emergency relief. Steve also is a subject matter expert and advises clients on a range of employment issues, including non-compete and other restrictive covenants, trade secrets, employment contracts and wrongful termination and other employment practices.
Steve's health care practice has included representing hospitals and hospital systems in complex reimbursement disputes with managed care payors, conducting internal investigations and negotiating complex settlements of claims with private plaintiffs and government agencies on behalf of providers, and representing health care and other businesses clients in breach of contract, tort and other civil litigation. Steve also has successfully defended numerous corporate and financial institutions in securities and financial litigation and class actions. He has obtained dismissals, summary judgment and successful outcomes after trial for clients on commercial, employment, bankruptcy and real estate litigation, as well as numerous TROs and preliminary injunctions, while also successfully defending against actions seeking such relief.
Prior to attending law school, Steve was selected as a Fellow by the Coro Foundation in its leadership program in public affairs, held positions in New York City government, served as a mediator of community disputes in Brooklyn, NY and earned a master's degree in public policy analysis from the New School for Social Research.
Steve previously served as a board member of the Jewish National Fund, Northeast Region and on its National Legal Committee.
Steve's health care practice has included representing hospitals and hospital systems in complex reimbursement disputes with managed care payors, conducting internal investigations and negotiating complex settlements of claims with private plaintiffs and government agencies on behalf of providers, and representing health care and other businesses clients in breach of contract, tort and other civil litigation. Steve also has successfully defended numerous corporate and financial institutions in securities and financial litigation and class actions. He has obtained dismissals, summary judgment and successful outcomes after trial for clients on commercial, employment, bankruptcy and real estate litigation, as well as numerous TROs and preliminary injunctions, while also successfully defending against actions seeking such relief.
Prior to attending law school, Steve was selected as a Fellow by the Coro Foundation in its leadership program in public affairs, held positions in New York City government, served as a mediator of community disputes in Brooklyn, NY and earned a master's degree in public policy analysis from the New School for Social Research.
Steve previously served as a board member of the Jewish National Fund, Northeast Region and on its National Legal Committee.
Experience
- Defeated “whistleblower” retaliation claims brought by former employees against hospital, obtaining trial court summary judgment dismissal, affirmed in an opinion by the Appellate Division.
- Defeated breach of contract action by former physician employed by hospital, seeking to enforce obligations related to post-employment medical practice coverage, obtaining trial court summary judgment dismissal.
- Successfully defended hospital in action brought by owner of adjacent property, seeking enforcement of a long-term parking lot lease, and related damages, defeating Plaintiff’s summary judgment motion, leading to de minimis settlement.
- Successfully defended hospital in action by estate of former employee’s wife asserting secondary effects of workplace asbestos, obtaining summary judgment dismissal.
- Successfully negotiated multi-million settlement of claims of New Jersey county-owned nursing home underpayments for State reimbursement for underpayments under The American Recovery and Reinvestment Act of 2009.
- Successfully prosecuted claims for multi-state physical therapy company in Pennsylvania federal court against entities which had acquired assets of nursing homes with nearly $1 million unpaid invoices, relying on alter ego and successor liability doctrines, and defeating defendants’ summary judgment motion, leading to favorable settlement.
- Successfully defended three physician co-owners of a pediatric practice against their retiring partner’s claims for a more generous buy-out formula then required by the parties’ Operating Agreement, obtaining summary judgment ruling rejecting plaintiff’s position (cited by New Jersey practitioners for its significance in the area of closely-held shareholder disputes), followed by a trial verdict affirming our expert’s valuation figure
- Successfully defended neurosurgery practice against alleged breach of employment contract and fraudulent inducement of contract claims, and asserted counterclaims and defeated efforts to nullify jury waiver provision in contract, leading to favorable settlement.
- Successfully defended pain medicine physician against surgery center’s $1 million claim that his failure to submit operative reports prevented the center from submitting and being paid for procedures, and for reimbursement for costs of medical devices, favorably settling the case after the initial cross-examination of plaintiff’s principal at trial.
- Successfully prosecuted anesthesiologist’s claims against former practice entities, seeking over $1 million in unpaid compensation, favorably settling following discovery.
- Successfully defended surgeon and defeated application for injunctive and other emergency relief by co-owner of surgical facility, including attempted forced sale of client’s ownership interest.
- Successfully defended large anesthesia practice against former billing company’s action to enforce restrictive covenants and enjoin its billers and employees from continuing to operate, defeating motion for preliminary injunction, and then favorably settling separate arbitration seeking money damages, and obtaining dismissal of separate action for money damages against the practice’s physician owner and CEO.
- Successfully prosecuted pain medicine physician’s claims to enforce promissory notes against debtors despite counterclaims that their failed purchase of physician’s practice assets excused payment, favorably settling the case just prior to filing of summary judgment motion.
- Secured favorable settlement for large medical laboratory services company against smaller lab company, for nearly $1 million in unpaid invoices, through leverage of personal claims against company owners based on co-mingling of personal and company business and financial activities, piercing the corporate veil.
- Successfully defended and settled New York federal case for medical laboratory services company against competing company’s breach of contract, trade secrets, and business interference claims.
- Obtained restraining order and emergency protections for not-for-profit company against disgruntled former employee who was threatening company’s officers and to disclose confidential information.
- Successfully prosecuted and obtained multi-million settlement of complex breach of contract and fraud case on behalf of estate of investor and co-owner of commercial real estate and luxury car business, against former partner, family members and related entities.
- Successfully enforced client’s school-based food services contract with a large urban school district, defeating a competitor’s application for injunctive relief challenging the bidding process and award of contract.
- Negotiated resolutions of numerous complex and sensitive business disputes, pre-litigation and post-litigation, for healthcare and other business clients.
- Successfully defended primary care physician in action by her former practice, defeating application for preliminary injunction seeking to prohibit her from continuing 20-year practice and treating extensive patient base in her established community, given evidence of employer’s material breaches of contract and failure to satisfy standard for injunctive relief.
- Successfully defended oral surgeon against former employer, seeking money damages and to enforce restrictive covenants which would have prohibited him from practicing in his local community, obtaining favorable settlement after first day of trial.
- Defeated action by former employer seeking to enjoin client, a former US Olympic fencer, and fencing coach, from working with competing academy and continuing to train high-level student athletes.
- Conducted numerous internal investigations and counsel employers, concerning workplace conditions, and employee claims and potential claims, involving alleged discrimination, sexual harassment, hostile work environment, and other workplace circumstances and conditions, including resolutions involving termination of employees, as well physician owners and officers, of health care practices and businesses.
- Successfully defended and negotiated resolutions for numerous health care providers and practices addressing audits by government and private payors, including the removal of prepayment review status and restrictions on ongoing claims and payments, and resolving claims for recovery of payments, improper coding and billing, and alleged misconduct.
- Successfully defended and negotiated resolutions for numerous health care providers addressing investigations and proceedings brought by licensing boards.