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Nick Jurkowitz  Partner

Nick Jurkowitz has a wide range of experience representing and advising healthcare providers on litigation, transactional, and regulatory related matters. He has vast experience representing a wide variety of healthcare providers, including large medical groups, management services organizations, healthcare facilities, substance abuse treatment centers, clinics, and individual physicians and other practitioners. He regularly advises clients on complex legal issues concerning the formation of healthcare related businesses and ventures, Stark law, federal and state anti-kickback laws, false claims act, HIPAA, and the corporate practice of medicine. He also regularly advises physicians in disputes with hospital medical staffs and defends physicians in hospital peer review administrative hearings.

As a litigator, Nick has litigated almost every kind of healthcare related civil dispute. He has represented providers in retaliation lawsuits against hospitals and healthcare entities, insurance fraud cases, complex contract disputes, corporate compliance litigation, business disputes, false claims act litigation, and disputes with insurance providers. Nick also has experience representing healthcare providers in employment related disputes with healthcare providers and has obtained several million-dollar settlements on behalf of his clients in discrimination related lawsuits.

On the regulatory side, Nick has represented healthcare providers in all aspects of administrative healthcare law, ranging from defending practitioners under investigation for civil false claims act violations, DEA investigations, Medicare and Medi-Cal audits for fraud and abuse, and in connection with investigations and hearings brought by the healthcare licensing agencies in California, including the Medical Board, Board of Registered Nursing, Board of Psychology, Board of Pharmacy, Physical Therapy Board, Department of Social Services, and Board of Occupational Therapy.

Prior to founding Fenton Law Group, Nick was a litigation associate in the Los Angeles office of Sullivan & Cromwell, LLP, where he practiced business litigation. He has been named to the “Best Lawyers in America” in the area of health care litigation since 2016, and has been named a Thomson Reuters “Super Lawyer – Rising Star” since 2014. In 2015, 2016 and 2017 he made the “Up-and-Coming 100: Southern California Rising Stars” list, placing him in an elite group of Southern California’s top 100 “Rising Stars.”

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Representative Experience

  • Successfully represented a client with residential substance abuse and intensive outpatient treatment facilities against an insurance company’s request for overpayment for services rendered for a former patient. The insurance company was requesting more than $100,000 repayment based on its findings. After the firm appealed the decision, the insurance company completely dismissed the overpayment request.
  • Successfully represented a physician seeking to terminate his probation in a Medical Board action. The physician had been placed on seven years probation. Fenton Law Group filed a petition to terminate the physician’s probation early and, after a full hearing on the petition, the administrative law judge terminated his probation.
  • Successfully represented a client before the Department of Social Services concerning the client’s license to operate a community day care center. The Department of Social Services sought to revoke the license and exclude the client, for life, from being involved in any way with the community day care. After a full hearing and presentation of evidence, the administrative law judge found in Fenton Law Group’s favor and placed the licensee on a short suspension and three years probation. The Department of Social Services subsequently decided to non-adopt the decision, which the firm appealed. The Department of Social Services then reinstated the judge’s ruling and removed the suspension order after hearing the firm’s appeal.
  • Successfully represented a sober living facility client in a precedent setting appeal concerning a tax audit before the City of Los Angeles. The City assessed the sober living facility’s residents with a sober living facility and transient occupancy tax , which is the same type of tax that is assessed to hotels, motels, etc. The tax was overturned after the firm appealed the decision to the Board of Review, which agreed with the firm’s argument that residents in a sober living facility are not transients as defined under the tax code. If the transient tax had been upheld it could have applied to all Los Angeles sober living houses and had dire financial consequences for the industry.
  • Defended Southern California physician in accusation brought by Medical Board alleging several quality of care issues. Negotiated successfully for a letter of reprimand in lieu of trial.
  • Represented physician member of Board of Directors of California of a medical corporation in action to compel disclosure of corporate accounting documents.
  • Defended Southern California nurse in accusation by Board of Nursing alleging that nurse disobeyed physician’s orders. After a full trial, obtained a dismissal of all accusations.
  • Represented a physician who was terminated from a medical corporation and denied vested stock options. After filing a lawsuit, negotiated a full settlement that provided payment to physician for all lost wages, full issuance of vested stock options and payment of all physician attorney fees.
  • Represented and advised numerous physicians’ employees regarding disability discrimination by California medical corporation employers.
  • Represented California physician in a dispute with former business partner and business partner’s corporation. Initiated litigation on behalf of physician by filing a lawsuit seeking damages for breach of contract and fraud. After a full trial, obtained a judgment from defendant corporation awarding physician $134,000 in damages.
  • Represented resident physician in dispute with residency program regarding termination from program.
  • Represented numerous physicians in fulfilling mandatory disclosure requirements before the California Medical Board for criminal convictions.
  • Defended California pharmacy technician in accusation brought by California Board of Pharmacy alleging substance abuse violations.  Obtained favorable settlement for pharmacy technician and avoided trial.
  • Represented California physician before Medical Board investigation for overprescribing pain medication.
  • Defended Los Angeles physician in lawsuit filed by former patient for negligence and discrimination.  Obtained favorable settlement for physician limited to nuisance value payment and avoided trial.
  • Successfully represented physician in arbitration hearing involving breach of contract allegations by a Southern California hospital.
  • Represented Los Angeles physician in dispute with former business partner physicians regarding their breach of a contract and their failure to return leased medical equipment. Following full trial, obtained a judgment in favor of client that included payment in full of all monies owed under the contract and return of leased equipment to client.
  • Represented physical therapist in an investigation by the Physical Therapy Board of California that culminated in the Board taking no action against the physical therapist.
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Associations, Memberships & Awards

  • Member, State Bar of California Health Law Section
  • Member, Los Angeles County Bar Association, Health Law Section
  • Member, Health Care Compliance Association
  • Member, California Society of Health Care Attorneys
  • “Best Lawyers in America” (2016-Present)
  • “Up-and-Coming 100: Southern California Rising Stars” (2015-2017)
  • Thomson Reuters Southern California “Super Lawyers – Rising Stars” (2014-Present)
  • Pasadena Magazine Top Attorney (2019)

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Education

  • George Washington University Law School (J.D. with honors, 2008)
  • University of California, San Diego (A.B., 2005)
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Life Outside the Firm

Nick enjoys playing on a softball team, watching movies and teaching his daughter how to cheer on the Los Angeles Dodgers.

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Nick Jurkowitz Interviewed For Authority Magazine’s Series “In Light Of The Pandemic, Here Are The 5 Things We Need To Do To Improve The US Healthcare System”

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Henry Fenton and Nicholas Jurkowitz Named 2022 “Lawyers of the Year” by The Best Lawyers in America

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