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Alan J. Sedley  Of Counsel

Alan J. Sedley draws on his invaluable experiences while servicing as corporate in-house general counsel to two large California hospital systems to compliment his thirty-plus years as a private law firm healthcare attorney. During his years in-house, Alan performed work on a wide array of legal projects pertaining to corporate business issues at the health system level, while managing transactions, litigation, regulatory compliance and operational processes at the hospitals.

Through private practice and as retained outside counsel, he regularly advises and represents physicians, multi-specialty and singularly focused medical groups, nurse practitioners, physician assistants, ambulatory surgical centers, behavioral health providers and others in the healthcare industry in their oft-challenging operational issues, credentialing and board licensing issues, as well as addressing the traditional business and legal concerns within the contexts of the healthcare marketplace.

Over years of healthcare law practice, Alan has pursued a specialized focus and offers highly experienced and dedicated counsel to large medical groups and hospital medical staffs on issues ranging from medical staff credentialing, privileging, recruitment, peer review analyses arising from suspected practitioner clinical deficiencies or disruptive conduct, peer review body and committee investigatory processes, and detailed guidance on peer review hearing procedures as well as all statutory reporting requirements. He provides his expertise to the analysis and revision of medical staff bylaws and policies and procedures. Alan has been retained and has served as a peer review expert witness in civil trial, offering his expertise of peer review due process requirements as applied to federal and state regulatory schemes.

As an experienced civil litigator with a proven track record of success in all phases of civil and federal court trials, Alan’s client-focused strategies and depth of experience also come into play through his efforts to resolve matters efficiently and expediently without needlessly exposing his clients to the uncertainties and costs often associated with litigation through use of his honed analyses skills and mediating ang negotiating techniques. His successful litigation experiences range from the defense of employers in complex sexual harassment matters to litigating professional malpractice claims. He has successfully litigated and resolved cases in federal district courts in dozens of suits and on behalf of hundreds of hospitals nationwide in matters against the Centers for Medicare and Medicaid Services, resulting in the recovery of millions of dollars in additional Medicare reimbursement that had initially been withheld from the hospitals.

Able to navigate the complexities of administrative law, Alan has a track record of successfully representing physicians, nurses, pharmacists and other healthcare professionals before California regulatory and licensing boards and agencies, aggressively defending clients through the investigatory and administrative hearing processes, all the while maintaining a keen focus on the ultimate goal of preserving a client’s hard-earned license and enabling him/her to continue professional pursuits.

Prior to joining Fenton Law Group, Alan was senior counsel at Nelson Hardiman, where he practiced healthcare law. Since 2017, Alan has been selected annually as a Thomas Reuters “Super Lawyer” and maintains the Martindale-Hubbell “AV Preeminent” rating. He has been honored to have been selected to serve key leadership roles at various community-based organizations, including the boards of the San Fernando Valley Bar Association (President-2012), Temple Aliyah (President -1996), Israel Cancer Research Foundation, West Hills Hospital (Chairman-2005) and the Los Angeles County Citizens for Veterans (Chair-2013). Alan is certified in bioethics studies and has instructed healthcare providers annually in a six-month intensive study on bioethical and healthcare law issues. Frequently called upon to speak on health law related topics, Alan enjoys the challenge of educating and training healthcare professionals including appearances nationwide at health law symposiums, seminars and conferences.

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Representative Experience

  • Defended psychologist brought before the California Department of Behavioral Sciences
  • Procured settlement on behalf of physician with California Medical Board, accused of improperly prescribing class IV narcotics
  • Successfully defended physician before the California Medical Board accused of violating the prohibition of the corporate practice of medicine through his ownership of a medical spa
  • Represented nurse practitioner in Nursing Board investigation occasioned by complaint filed by disgruntled patient
  • Testified as a designated expert witness in Orange County Superior Court on behalf of an outpatient surgical center accused of terminating a shareholder-physician without extending due process rights during its peer review process
  • Served as counsel to a court-appointed bankruptcy court receiver by refereeing two feuding co-owners of a high profile LA Drug and Alcohol rehab facility and addressing operational issues
  • Defended OB physician in peer review process accused of fictitious claims of clinical deficiency designed to force out his practice emphasizing natural birthing
  • Represented physician medical group partners in writ of mandamus proceedings following their alleged wrongful termination from hospital medical staff
  • Negotiated favorable agreement with state agency on behalf of owner of residential care facilities for the elderly who was issued numerous citations and threatened with facility closure
  • Advised medical staffs on California Evidence Code section 1157 discovery inquiries in peer review proceeding
  • Represented hospital as creditor in bankruptcy court proceeding against debtor-hospital concerning failure to remit payment owed
  • Represented physician in purchase of large medical practice
  • Drafted Buy-Sell Agreements and Shareholder Agreements for several medical groups seeking to expand their footprint in its local communities through the addition of quality physician personnel to their ranks
  • Drafted and coordinated Management Services Organization – Physician arrangements
  • Counseled physical therapist to structure joint venture with physician for establishment of physical therapy clinic
  • Defended hospital in action for breach of contract and intentional interference with contractual relation brought by imaging center following abandoned joint venture project
  • Represented hospital in several breaches of contract matters involving outside vendors
  • Brought action on behalf of hospital for breach of recruitment agreement by recruited physician
  • Represented pharmacist before the California Pharmacy board, accused of violating the comparative responsibilities doctrine
  • Represented physician before hospital Well-Being committee investigating allegations of physician misconduct toward nursing staff
  • Defended orthopedic physician accused by patient of medical negligence and lack of informed consent issues
  • Represented OB-GYN fellow at University of California alleging wrongful dismissal
  • Represented outpatient surgical center in updating its policies & procedures and bylaws
  • Represented two partner OB-GYN physicians, each terminated from the medical staff in post-hearing civil litigation
  • Revised hospital’s policies concerning patient informed consent, pain management and palliative care, advanced directives and DNR orders
  • Negotiated six-figure settlement in elder abuse matter on behalf of the two surviving adult children of decedent, brought against residential care facility for the elderly
  • Negotiated six-figure settlement on behalf of two female employees of military base, each who was sexually assaulted in workplace by male supervisor
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Associations, Memberships & Awards

  • Law Bars of California, Washington, Ohio, Colorado and District of Columbia
  • Ninth Circuit District Court
  • U.S. Supreme Court
  • American Health Law Association
  • California Society of Healthcare Attorneys
  • American Society of Law, Medicine & Ethics
  • Dana Foundation for Brain Science
  • American Society of Medical Association Counsel
  • Orange County Bar Association – Health Law section (Chair-2015)
  • Thomas Reuters “Super Lawyers” (2017-present)
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Education

  • Cleveland State University – Marshall College of Law (1980)
  • University of Cincinnati (1975)
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Publications

  • Client Alert: Employer’s Dilemma – To Mandate or not Mandate COVID Vaccines in the Workplace, NH Healthcare Prospective, May 26, 2021
  • HIPAA – To Preserve and Protect”, Valley Lawyer, San Fernando Valley Bar Association Journal, March 10, 2021
  • “Rule Speeds Approvals for ‘Breakthrough Devices’, other Commercially Covered Services”, Part B News, January 21, 2021
  • CAL-OSHA Adopts Emergency COVID -19 Prevention Regulation”, NH Healthcare Prospective, December 17, 2020
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Life Outside the Firm

Alan loves to hike local mountain trails, rally in racquetball, ride outdoor cycling, and tinker in photography. Above all, he loves to provide mounds of attention and bits of offbeat humor to his three adult kids and two young grandsons.

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