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Brennan, Manna & Diamond
CHRISTOPHER B. CONGENI | Partner
Akron, Ohio
Email: cbcongeni@bmdllc.com
Phone: (330) 253-2038

Chris is a Partner and Principal Member of Brennan, Manna & Diamond’s Healthcare, Labor and Employment, and Litigation departments.

Healthcare Law and Healthcare Litigation

  • General corporate matters, including protection of healthcare intellectual property
  • Joint venture planning and execution
  • Compliance, false claims and fraud and abuse and counsel clients on FCA damages and civil penalties
  • Review and assist in implementing 340(b) initiatives for clients
  • Physician self-referral restrictions and exception analysis
  • Strategic planning for physicians, individually and their practices
  • Corporate structure and governance
  • Employment and labor relations
  • State and federal regulatory issues
  • Fraud and abuse investigations
  • Executive committee representation for Health Systems
  • HIPAA patient privacy and security
  • Hospital bylaw enforcement
  • Drafting and negotiating physician contracts
  • Non-compete enforcement for physicians and health system clients
  • Physician-Hospital joint ventures
  • Medical staff issues, including bylaws, credentialing, peer review, and disciplinary hearings
  • Medicare/Medicaid reimbursement appeals and certification
  • Integrated delivery systems and the development of networks
  • Managed care and other third party payor contracting
  • General hospital contracting and intellectual property disputes
  • PHO, MSO, and similar arrangements
  • Stark and Anti-Kickback statute defense
  • Federal, state and local tax, including non-profit and tax-exempt status issuesLitigation and arbitration in federal and state courts
  • Non-competition, non-solicitation and confidentiality agreements impacting physicians and physician groups
  • Has handled more than ten arbitrations involving healthcare related disputes
  • Defends and prosecutes healthcare related antitrust lawsuits

Representative Matters

  • Lead counsel on $40M antitrust litigation involving large insurer and numerous hospital systems
  • Immormino, et al. v. Lake Hospital System, Inc., N.D. Ohio Case No. 1:13-cv-1818-CAB (successfully defended two Plaintiff Age Discrimination (State and Federal claims) in federal court.  All state and federal age claims, including disparate treatment claims, dismissed with prejudice by federal court judge.)(August 2015)
  • McClusky v. Lake Hospital System, Inc., No. 1:14-cv-00519-KSM, U.S. District Court, N.D. Ohio (successfully defended Lake Health System in a retaliation/gender discrimination claim.  The three day jury trial was heard in the Northern District of Ohio, Eastern Division)(Attys’ Fees Sanctions Denied in Hospital Retaliation Row)
  • Porter v. Lake Hospital System, Inc., Case No. 2013 CV 00067 (successfully defended Lake Hospital System to a jury concerning numerous allegations by a former clinician.  HIPPA issues interacting with issues involving the former employee’s termination were the center of this jury trial)
  • Ron Satija v. Permanent General Assurance Corporation of Ohio, et al., Case No.  1:13-cv-00082 (N.D. Ohio 2014) (retained as special counsel to bankruptcy trustee in copyright infringement lawsuit involving “the General” cartoon character resulting in a positive result for the client)
  • Permanent General Assurance Corporation of Ohio v. David Mowder, Case No. 3:12-cv-5018 (N.D. Tex. 2013) (successful defense of client in declaratory judgment suit regarding parties’ intellectual property rights)
  • Plastic Process Equipment, Inc. v. IMS Company, et al., Case No. 1:12-cv-338 (N.D. Ohio 2014) (resolved trademark infringement, unfair competition, and related claims resulting in favorable settlement for client)
  • IMS Company v. Plastic Process Equipment, Inc., Cancellation No. 92/056,625 (TTAB 2014) (successfully obtained dismissal of cancellation proceeding challenging client’s federal trademark)
  • OIG/DOJ investigation and defense of physicians involving Robinson Memorial Health System fraud and abuse complaint

Business and Commercial Litigation

  • Labor-Management relations
  • Contract negotiations
  • Wage and hour laws
  • Civil rights and discrimination issues including race, age, gender, and disability
  • Workers’ Compensation
  • Unfair competition
  • Federal and state safety laws (including OSHA)
  • Family Medical Leave Act (FMLA)
  • Various business contract disputes
  • Covenant not to compete disputes
  • Litigation and arbitration in federal and state courts, including class actions
  • Broker transition
  • Securities litigation

Other Experience

  • Leads a 40 physician Patient Safety Organization since 2011
  • Chris founded an occupational wellness consulting group in 2010 called “United Health and Wellness Group, LLC”
  • Summit/Medina Workforce Investment Board Member
  • Member of Akron General Medical Center Heart Walk Executive Leadership Team

Articles & Presentations

  • “FMLA Rule Change Takes Effect March 27th”, Akron Legal News March 2015 issue (A 031015 Complete)
  • Presentation to PAHCOM Health members regarding important employment concerns for employers in health facilities (July 2010)

  • Presentation to the Ohio Nursing Association on protecting your IP and reputation (2012)

Court and Bar Associations

  • Ohio State Bar Association
  • Kentucky Bar Association
  • Akron Bar Association
  • American Bar Association
  • Akron Law Library Association
  • Trial Attorneys of America Association

 Professional Honors & Awards

  • Akron Young Professionals Association
  • Ohio University Alumni Association
  • Cleveland Judicial Forum Invitee
  • Akron Bar Association Mentor Program – Active Member
  • Italian American Professional Business Club member
  • Cleveland-Marshall College of Law Mentor Program (Health Law)
  • OSBA Corporate Counsel Participant
Practice Areas
  • Business and Corporate Law
  • Employment / Labor Law
  • Healthcare and Hospital Law
  • Litigation
  • White Collar Crime

Education
  • Cleveland Marshall College of Law, J.D.
  • Ohio University, B.S., Communications

Bar Admissions
  • Ohio
  • Kentucky
Disclaimer | Brennan, Manna & Diamond practices in the following jurisdictions: Florida and Ohio.