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Benjamin J. Fenton  Partner

Benjamin J. Fenton is a litigator with significant trial and appellate experience. He regularly advises and represents healthcare providers and entities in healthcare business disputes, hospital peer review actions, and state and federal administrative actions and investigations. Ben regularly represents physicians and other healthcare providers before the Medical Board of California, the Osteopathic Medical Board, the Board of Registered Nursing, and other healing arts licensing agencies. Ben has extensive experience representing healthcare providers in Medicare and Medi-Cal disputes, such as overpayment demands, terminations or suspensions, and audits and investigations. Ben also regularly litigates business disputes in court, representing physicians and medical groups both as plaintiffs and defendants. He also represents healthcare providers in the defense of RICO, False Claims Act and Fraud and Abuse litigation.

Ben has been named a Southern California “Super Lawyer” by Thomson Reuters from 2015-2017, and was named a Southern California “Rising Star” from 2013-2014.

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Representative Experience

Ben regularly advises physicians and healthcare professionals through the complex maze of California’s healthcare regulations, including Medicare and Medi-Cal compliance.  Ben’s representations include:

  • Represented a pharmacist in a contractual dispute arising out of the sale of a pharmacy to a national corporation.
  • Represented a physician employee in an employment dispute with the Los Angeles County-USC Medical Center.
  • Represented numerous physicians and other healthcare providers before various administrative boards in California, including the Medical Board of California, the Dental Board of California, the Physician Assistant Committee, and the Board of Registered Nursing.
  • Represented a physician in an administrative hearing before the Department of Health Care Services regarding a large overpayment claim against the physician.  After discovery and negotiations, the overpayment claim was reduced to a nominal amount.
  • Defended a physician against an action by Blue Shield of California to terminate the physician’s network participation.
  • Defended a physician in an action for damages against a hospital in the High Desert.
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Education

  • Boalt Hall School of Law, University of California, Berkeley, J.D., 2005
  • University of California, Santa Cruz, B.A., 2001

Related News

Fenton Law Group Successfully Represents Dentist in a Petition for Reinstatement

Benjamin Fenton and Alexandra de Rivera successfully represented a dentist in a Petition to Seek Reinstatement in the Medi-Cal Program. The Provider had been pr...

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Fenton Law Group Successfully Represents Cardiologist in Arbitration

Henry Fenton and Benjamin Fenton recently secured a major victory on behalf of their client Dr. David Porzio in an arbitration contending that the cardiologist was w...

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Henry Fenton, Benjamin Fenton and Beth Kase Named 2017 “Super Lawyers”

Henry Fenton, Benjamin Fenton, and Beth

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Ben Fenton Presents at Chinese American Medical Association of Southern California (CAMASC)

On June 21, 2016, Ben Fenton spoke on “The End of Life Option Act” at the Chinese American Medical Association of Southern California (CAMASC).  ...

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Ben Fenton Speaks on Healthcare Fraud: Identifying and Assessing Fraud Risks, Implications of Current Enforcement, Ensuring Compliance

On June 9, 2016, Ben Fenton, along with Matthew Curley of Bass Berry & Sims, presented a live 90-minute Strafford CLE webinar titled "Healthcare Fraud: Identifying and Assessing Fraud Risks, Implications of Current Enforcement,...

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Fenton Law Group Successfully Represents Physician Against Medical Board

On April 1, 2016, partner Benjamin Fenton, aided by associate Henry Martone, successfully argued against the Medical Board’s imposition of an Interim Suspension Ord...

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Ben Fenton Speaks at California Academy of Attorneys for Health Care Professionals

On February 20, 2016, Ben Fenton spoke at the Winter meeting of the California Academy of Attorneys for Health Care Professionals, about Lewis v. Superior Court (Medical Board of California), the case pending before the California Supreme Court to protect the privacy rights of California re...

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Legal Risks for Physicians in Today’s Healthcare Climate

Ben Fenton’s article “Legal Risks for Physicians in Today’s Healthcare Climate” appeared in the July 2015 issue of Physician Magazine. The article examines the numerous legal pitfalls that can affec...

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Ben Fenton Quoted in “Health Care Industry Struggles With Employees’ Social Media Use” – Los Angeles and San Francisco Daily Journal

Ben Fenton was quoted in Kibkabe Araya's Los Angeles and San Francisco Daily Journal article "Health Care Industry Struggles With Employees' Social Media Use." The full article can be found below. Tuesday, June 2, 201...

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Ben Fenton and Lewis v. The Superior Court of California Covered by Kaiser Health News

Partner Ben Fenton's representation of Dr. Alwin Carl Lewis in the landmark case of Lewis v. The Superior Court of California was covered in Jodie Tillman's Kaiser Health News article "California High Court To Consider Limits on Regulators' Access to Prescription Database." Aft...

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Calif. Supreme Court To Mull Privacy, Access Rules for Rx Monitoring Database

Ben Fenton was heavily quoted in Joe Infantino's iHealthBeat article "Calif. Supreme Court To Mull Privacy, Access Rules for Rx Monitoring Database," which previews the Fenton Law Group case "Lewis v. The Superior Co...

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Attorneys Predict Supreme Court Will Uphold ACA’s Tax Credits – Law360

Ben Fenton was quoted in the Law360 piece: "Attys Predict Supreme Court Will Uphold ACA's Tax Credits." Ben's quote can be found below: "It is unlikely that the court is going to agree with the plaintiffs, who want to...

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LACMA, LACBA Joining to Educate Physicians on Timely Topics

Benjamin Fenton will address "social media and tarnished physician reputations" at the sixth annual Los Angeles County Medical Association (LACMA) and Los Angeles County Bar Association (LACBA) combined educational event, to be held on March 24, 2014 at the LACBA office, 1055 W. Seventh St., Suite 2...

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Henry Fenton and Benjamin Fenton Named 2015 Southern California Super Lawyers in Healthcare Law

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Fenton Law Group Successfully Represents Physician in Medical Board Investigation

Fenton Law Group, led by Partner Benjamin Fenton, successfully represented a surgeon who was summarily suspended by his medical group based on allegations related to poor quality of care. The summary suspension was reported to the Medical Board of California, which initiated an investigation into th...

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Ben Fenton Quoted in Variety Piece “Bill Cosby Scandal Boils Over in New Media Climate”

Ben Fenton was quoted in Ted Johnson's Variety piece "Bill Cosby Scandal Boils Over in New Media Climate," which was also syndicated by several other publication...

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Ben Fenton Quoted by AP in Stephen Collins Story

Ben Fenton was quoted in Anthony McCartney's Associated Press story "Audio hangs over '7th Heaven' actor's divorce case." Th...

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InformationWeek Covers Dr. Alwin Carl Lewis v. the Superior Court and Medical Board of California, Ben Fenton Quoted

Fenton Law Group's role as lead counsel in Dr. Alwin Carl Lewis v. the Superior Court and Medical Board of California was covered in depth by Alison Diana in her October 8, 2014 InformationWeek articl...

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Ben Fenton Quoted in Cale Ottens’ Los Angeles Business Journal Article on Patient Protection and Affordable Care Act

Ben Fenton was prominently quoted in Cale Otten's Los Angeles Business Journal article "Shot in Arm - LAW: Business booms for attorneys focused on nursing employers through implementation of Obamacare."  The article also highlights some of Fenton Law Group's recent successes:

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Ben Fenton Speaks at United Nurses Associates of California Education Conference

On September 19, 2014 in San Diego, Benjamin J. Fenton spoke at a United Nurses Associates of California education conference on the topics of diversion, drug and alcohol related investigations, and actions by the Board of Registered Nursing.   The conference was attended by over 100 nurses and s...

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Henry Fenton Named a “Super Lawyer” and Ben Fenton and Nick Jurkowitz Named “Rising Stars” in Healthcare Law

Healthcare law firm Fenton Law Group is pleased to announce that Henry Fenton has been Continue Reading

Should California raise the bar for medical malpractice?

Benjamin Fenton was recently interviewed by Larry Mantle on KPCC "Airtalk" on the subject of medic...

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Ben Fenton Successfully Resolves Lengthy Investigation

Ben Fenton successfully resolved a the lengthy investigation on behalf of a client in a broad medicare overpayment investigation.  The result was achieved without a claim for overpayment even though the client had significant billing problems....

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