Marc A. Sittenreich
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Marc A. Sittenreich’s practice focuses on general commercial and health care litigation and arbitration, including breach of contract and business tort claims, payer-provider disputes, employment actions, disability discrimination and accommodation claims, dissolution proceedings, and physician practice breakups. Marc has developed particular expertise in out-of-network reimbursement claims implicating ERISA and the Affordable Care Act, no-fault verification disputes and RICO fraud claims, and ADA failure-to-accommodate claims against hospitals and municipal entities. Marc has also advised multiple hospitals, physician practices, and universities on the numerous legal issues surrounding COVID-19 vaccine mandates, in addition to defending challenges to vaccine mandates in federal and state courts.
Prior to joining Garfunkel Wild in 2014, Marc was an attorney in the Health Care Division of the Federal Trade Commission’s Bureau of Competition, where he worked on pay-for-delay and product-hopping antitrust investigations in the pharmaceutical industry. He began his career as a law clerk to the Honorable Carolyn E. Demarest, Presiding Justice of the Commercial Division of the New York State Supreme Court, Kings County.
Since January 2022, Marc has served as co-editor of In the New York State Courts, a column that summarizes recent, notable decisions of the federal and state courts in New York State. The column is a longstanding regular feature of the New York State Bar Association’s Health Law Journal.
- Defend health system’s captive physician practice group in lawsuit challenging New York State’s COVID-19 vaccine mandate for health care workers on constitutional and statutory grounds.
- Represent no-fault providers in federal lawsuits challenging unlawful verification practices, and defend no-fault providers against RICO fraud claims.
- Represented hospital in decade-long out-of-network payment dispute with union welfare fund, resulting in millions of dollars in recovery and multiple favorable decisions under ERISA and the Affordable Care Act.
- Successfully defended university in lawsuit brought by students challenging the denial of their requests for religious exemptions to the university’s COVID-19 vaccine mandate.
- Successfully defended New York City hospital against federal, state, and city disability rights claims brought by four deaf patients in federal district court, resulting in complete defense verdict following a two-week jury trial and denial of the plaintiffs’ post-trial motions.
- Obtained dismissal of lawsuit brought against ultra-luxury real estate brokerage firm and its principal by national real estate brokerage firm seeking a share of the commission earned on the sale of a $16 million property.
- Obtained dismissal of multi-million-dollar lawsuit brought by wealthy alumnus and benefactor against university alleging that he entered into a perpetual oral contract to purchase the naming rights to a campus building.
Thirty-Eight Garfunkel Wild attorneys were selected by their peers for inclusion in the 2024 editions of The Best Lawyers in America and The Best Lawyers: Ones to Watch.
Garfunkel Wild Wins Complete Defense Verdict for NYU Langone Hospital—Brooklyn in Discrimination Lawsuit
Garfunkel Wild received prominent recognition in the 2025 editions of The Best Lawyers in America and The Best Lawyers in America: Ones to Watch. A total of 38 attorneys were honored with 59 individual recognitions across various practices and offices nationwide. Additionally, 3 Garfunkel Wild attorneys were distinguished as Lawyer of the Year, an accolade awarded to only one […]
On June 4, 2024, the New York State Supreme Court, Orleans County held that courts cannot appoint independent health care and financial monitors to make binding “recommendations” – the centerpiece of the New York State Attorney General’s campaign against for-profit nursing homes.
In this article published in the New York State Bar Associations Health Law Journal (2023 - Vol. 28 - No. 1), Dayna B. Tann and Marc A. Sittenreich provide summaries of the court’s decision and are intended to give an overview of important judicial decisions in the areas of law which affect our clients.
Garfunkel Wild’s Marc A. Sittenreich will present “Does Your Practice Have Sufficient Protocols and Training with Regard to How Staff Must Accommodate Deaf or Hard of Hearing Patients?” at the New York Chapter American College of Surgeons – Manhattan Council Annual Dinner on November 10, 2022.
Additional speaking & writing
Publications
- Co-editor of In the New York State Courts, New York State Bar Association Health Law Journal (January 2022-Present)
- Who Is a Discharger Under the New York Oil Spill Law?, New York Law Journal, August 10, 2015 at S2 (co-authored)
- The Rocky Path for Private Directors General: Procedure, Politics and the Uncertain Future of EU Antitrust Damages Actions, 78 Fordham L. Rev. 2701 (2010)
Marc A. Sittenreich’s practice focuses on general commercial and health care litigation and arbitration, including breach of contract and business tort claims, payer-provider disputes, employment actions, disability discrimination and accommodation claims, dissolution proceedings, and physician practice breakups. Marc has developed particular expertise in out-of-network reimbursement claims implicating ERISA and the Affordable Care Act, no-fault verification disputes and RICO fraud claims, and ADA failure-to-accommodate claims against hospitals and municipal entities. Marc has also advised multiple hospitals, physician practices, and universities on the numerous legal issues surrounding COVID-19 vaccine mandates, in addition to defending challenges to vaccine mandates in federal and state courts.
Prior to joining Garfunkel Wild in 2014, Marc was an attorney in the Health Care Division of the Federal Trade Commission’s Bureau of Competition, where he worked on pay-for-delay and product-hopping antitrust investigations in the pharmaceutical industry. He began his career as a law clerk to the Honorable Carolyn E. Demarest, Presiding Justice of the Commercial Division of the New York State Supreme Court, Kings County.
Since January 2022, Marc has served as co-editor of In the New York State Courts, a column that summarizes recent, notable decisions of the federal and state courts in New York State. The column is a longstanding regular feature of the New York State Bar Association’s Health Law Journal.
- Defend health system’s captive physician practice group in lawsuit challenging New York State’s COVID-19 vaccine mandate for health care workers on constitutional and statutory grounds.
- Represent no-fault providers in federal lawsuits challenging unlawful verification practices, and defend no-fault providers against RICO fraud claims.
- Represented hospital in decade-long out-of-network payment dispute with union welfare fund, resulting in millions of dollars in recovery and multiple favorable decisions under ERISA and the Affordable Care Act.
- Successfully defended university in lawsuit brought by students challenging the denial of their requests for religious exemptions to the university’s COVID-19 vaccine mandate.
- Successfully defended New York City hospital against federal, state, and city disability rights claims brought by four deaf patients in federal district court, resulting in complete defense verdict following a two-week jury trial and denial of the plaintiffs’ post-trial motions.
- Obtained dismissal of lawsuit brought against ultra-luxury real estate brokerage firm and its principal by national real estate brokerage firm seeking a share of the commission earned on the sale of a $16 million property.
- Obtained dismissal of multi-million-dollar lawsuit brought by wealthy alumnus and benefactor against university alleging that he entered into a perpetual oral contract to purchase the naming rights to a campus building.
On June 4, 2024, the New York State Supreme Court, Orleans County held that courts cannot appoint independent health care and financial monitors to make binding “recommendations” – the centerpiece of the New York State Attorney General’s campaign against for-profit nursing homes.
In this article published in the New York State Bar Associations Health Law Journal (2023 - Vol. 28 - No. 1), Dayna B. Tann and Marc A. Sittenreich provide summaries of the court’s decision and are intended to give an overview of important judicial decisions in the areas of law which affect our clients.
Garfunkel Wild’s Marc A. Sittenreich will present “Does Your Practice Have Sufficient Protocols and Training with Regard to How Staff Must Accommodate Deaf or Hard of Hearing Patients?” at the New York Chapter American College of Surgeons – Manhattan Council Annual Dinner on November 10, 2022.
On June 4, 2024, the New York State Supreme Court, Orleans County held that courts cannot appoint independent health care and financial monitors to make binding “recommendations” – the centerpiece of the New York State Attorney General’s campaign against for-profit nursing homes.
In this article published in the New York State Bar Associations Health Law Journal (2023 - Vol. 28 - No. 1), Dayna B. Tann and Marc A. Sittenreich provide summaries of the court’s decision and are intended to give an overview of important judicial decisions in the areas of law which affect our clients.
Garfunkel Wild’s Marc A. Sittenreich will present “Does Your Practice Have Sufficient Protocols and Training with Regard to How Staff Must Accommodate Deaf or Hard of Hearing Patients?” at the New York Chapter American College of Surgeons – Manhattan Council Annual Dinner on November 10, 2022.
Additional speaking & writing
Publications
- Co-editor of In the New York State Courts, New York State Bar Association Health Law Journal (January 2022-Present)
- Who Is a Discharger Under the New York Oil Spill Law?, New York Law Journal, August 10, 2015 at S2 (co-authored)
- The Rocky Path for Private Directors General: Procedure, Politics and the Uncertain Future of EU Antitrust Damages Actions, 78 Fordham L. Rev. 2701 (2010)
Education
magna cum laude
,Associate Editor, Fordham Law Review Order of the Coif
,summa cum laude, Phi Beta Kappa
,Court admissions
U.S. Court of Appeals: Second Circuit
U.S. District Court: Southern District of New York
U.S. District Court: Eastern District of New York
U.S. District Court: District of New Jersey
PROFESSIONAL MEMBERSHIPS
- New York State Bar Association, Health Care and Commercial and Federal Litigation Sections
AWARDS & RANKINGS
Best Lawyers in America® Ones to Watch – Health Care Law (2024-2025); Commercial Litigation (2024-2025); and Litigation – Labor and Employment (2024-2025)