• Advised Reliant Medical Group in the sale of its assets and operations to OptumCare, a division of UnitedHealth Group
• Advised Massachusetts Eye & Ear Infirmary, a Harvard-affiliated teaching hospital, in joining Partners HealthCare System, Inc.
• Advised RWJBarnabas Health in the negotiation of a long-term academic and clinical affiliation with Rutgers University
• Advised Steward Health Care System in the negotiation of a clinical affiliation with Cancer Treatment Centers of America
• Advised University of Michigan in structuring a whole hospital joint venture for St. Joseph Chelsea Hospital with Trinity Health
• Advised Northwestern Memorial Health Care (NMHC) and Northwestern Medical Faculty Foundation on a restructuring plan and an enhanced academic affiliation with Northwestern University’s Feinberg School of Medicine, and NMHC and Cadence Health in their combination into a single system
• Advised University of Wisconsin Hospitals and Clinics Authority and University of Wisconsin Medical Foundation (collectively, UW Health) on a restructuring plan

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• Who’s Who Legal: Healthcare 2021
• New England’s Best Lawyers
• Super Lawyers:  New England Area
• Martindale-Hubbell, AV Preeminent (highest rating)
• Boston’s Best Lawyers

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• Colonial Society of Massachusetts, committee member
• Massachusetts Historical Society, fellow

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Nick is qualified as a lawyer in England and Wales, the Cayman Islands, British Columbia and Ontario; and has played a key role in litigation in the Cayman Islands, Jersey, Guernsey, the Isle of Man, British Virgin Islands, Singapore, Switzerland, Canada and the United States. A Canadian expatriate in London, Nick often advises Canadian individuals and institutions on matters of UK law either himself or where appropriate in conjunction with other members of McDermott’s prestigious private wealth or tax teams.

Nick is co-Chair of the annual highly respected ALM/LegalWeek Global Elite International Trusts and Estates Forum. He chaired the International Trust & Private Client: Isle of Man conferences in 2017 and 2018. He was chair of the Private Client Summer School program held at Cambridge University in 2018 and 2019. He is often asked to speak on International trusts disputes and has done so in amongst other places New York, the Cayman Islands, Bermuda, Toronto, Chicago, New York, Jersey, Guernsey, Provence, the Isle of Man, Singapore, Hong Kong and the United Arab Emirates. He sits on the Consulting Editorial Board for LexisPrivateClient PSL. He is a co-author of “Contentious Trust Matters in the United Kingdom and Offshore Jurisdictions” in International Estate Planning. (New York: LexisNexis, 2019)

Nick is recognised as leading lawyer in the world’s most eminent legal guides and directories including Chambers High Net Worth, Chambers UK, and Legal 500. CityWealth ranked him as one of the top 100 trust litigators internationally in 2020.

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• Advised trustees in various proceedings in connection with allegations that the trust funds were held to bribe foreign officials and directors of sovereign wealth funds.
• Advised executors and beneficiaries in connection with hostile estate proceedings.

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• Chambers Global, 2012 – 2017. “Nick is especially highly regarded for his contentious trusts practice.” According to a source, “He has very good skills with clients – he is very practical and likeable, and has a sharp brain on him”
• Chambers UK, 2012 – 2020. “He understands what motivates people in litigation and how to deal with competing priorities,” sources say, adding: “He manages to sift through reams of correspondence and witness statements, can explain what each one is saying in a nutshell and then cut to the chase. He can see the real picture and work out a way forward”; Another Chambers UK edition states “[Nick] advises individuals and professional trustees on complex cases. Sources single him out for “his efficiency and his knowledge,” adding “He is relaxed; he is a litigator, but he’s extremely easy to work with. He is also practical in not trying to force things down the court route.” Nick is described as “the most engaging person and a charming man, but can back that up with the necessary technical expertise”. “Chambers noted that Nick was a lawyer whose considerable strength in trust disputes is noted through the market. Sources comment: “He is bright, affable and very good with clients, making them feel at ease”
• The Legal 500 UK, 2012 – 2023. “Nick is one of the standout leaders in this field, both in London and internationally. He has immense knowledge and experience of trusts litigation in England, Canada and the main Caribbean and Channel Islands jurisdictions. This enables Nick to find creative solutions. He is committed and enthusiastic and his clients find themselves well cared for.” “[Nick] is very thorough, bright, capable and always sees the bigger picture”. “One of the very best contentious trusts lawyers in London”. Noted as “a good litigator with superb instincts, and an excellent team manager in heavy litigation’. Nick is “…praised for his experience offshore in Cayman.”
• Citywealth, “He would be one of the first lawyers I would contact in respect of trust dispute related matters…” and is “…a force to be reckoned with”
• Who’s Who Legal
• Citywealth Leaders List, 2018 – 2020
• Citywealth, Top 100 Trust Litigators internationally

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Patrick also represents several medication-assisted treatment (MAT) providers and other substance use disorder (SUD) treatment providers with respect to growth strategy and transactions and regulatory compliance, including telehealth providers and portfolio companies operating on a physician practice management platform.

Prior to practicing law, Patrick obtained a Masters in Health Economics from the London School of Economics and was the senior research assistant for health policy in the Economic Studies Program at The Brookings Institution—a Washington, D.C. think tank consistently ranked as the most influential in the world.

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• Provided guidance to Hartford HealthCare on its hospital, clinical laboratory, radiology, and post-acute provider acquisitions, sale transactions, and joint ventures since 2014, including the acquisition of St. Vincent’s Medical Center from Ascension Health; the acquisition of Charlotte Hungerford Hospital; the sale of its hospital clinical laboratory outreach business to Quest Diagnostics; and hospital-physician radiology joint ventures
• Counseled Universal Health Services on the development of new ACOs and ACO joint ventures with physicians and management companies around the country
• Advised Reliant Medical Group, a 500+ clinician non-profit, multispecialty physician group, in the sale of its assets (requiring approval from the Massachusetts Attorney General) to OptumCare, a division of UnitedHealth Group
• Provided guidance to CleanSlate Addiction Treatment Centers, a growth-equity backed provider of physician office-based opioid treatment (OBOT), on the expansion of the client’s footprint from one state into 11
• Advised Providence Health & Services on the sale its clinical laboratory outreach business in Southern California to Quest Diagnostics

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• American Health Lawyers Association, Pro Bono Champion

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• Massachusetts Bar Association, Health Law Section

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• The Clean Air Act (CAA)
• The Clean Water Act (CWA)
• The Compensation and Liability Act (CERCLA)
• The Comprehensive Environmental Response
• The Emergency Planning and Community Right-to-Know Act
• The Hazardous Material Transportation Act
• The Occupational Safety and Health Act (OSHA)
• The Resource Conservation Recovery Act (RCRA)

In addition, Mark has done considerable work on Native American environmental issues.

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• Negotiates orders and work plans with federal and state agencies under the major federal and state environmental laws in connection with enforcement proceedings and in connection with CERCLA removal and remedial actions and RCRA investigations and remediation
• Represents owners, operators and generators in federal and state Superfund proceedings, RCRA corrective action matters and in cleanups performed pursuant to state voluntary cleanup programs

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Dave has deep experience across a number of key substantive issues, including:

• False Claims Act matters pursued by whistleblowers (qui tam cases) or government authorities;
• Fraud and abuse issues arising under the Anti-Kickback Statute, the Stark Law, and other laws governing federal healthcare programs such as Medicare and Medicaid—especially fair market value (business valuation and professional services compensation) issues;
• Federal and state oversight of controlled substance laws, including defending Drug Enforcement Administration (DEA) investigations;
• Information privacy, cybersecurity and data breach response issues arising under the Health Insurance Portability and Accountability Act (HIPAA), 42 C.F.R. Part 2, and other US federal and state laws;
• Website and mobile application user tracking technologies and potential regulatory and litigation challenges to their deployment, including under wiretapping/eavesdropping statutes;
• Conscience and religious freedom-based investigations of providers by the US Department of Health & Human Services, Office for Civil Rights (HHS-OCR);
• Negotiation of, and compliance with, corporate integrity agreements (CIAs) and corrective action plans (CAPs);
• Response to sentinel events, such as allegations of provider staff abuse of patients— including compliance with real-time administrative and criminal reporting obligations while planning for potential investigative, civil litigation, and community relations impacts downstream;
• Compliance with and investigation preparation/defense regarding COVID-19 pandemic relief programs such as the CARES Act Provider Relief Fund and advance/accelerated Medicare payments; and
• Response to civil investigative demands (CIDs) and subpoenas.

Dave works closely with McDermott’s best-in-class Health Industry Advisory team to provide litigation and enforcement defense representation informed by leading-edge thinking on complex healthcare regulatory issues.  As a recent example, Dave co-leads the Firm’s Post-Dobbs Resource Center – a joint healthcare, regulatory, privacy and litigation team that counsels clients on how to navigate the challenging legal landscape around abortion and other reproductive health care in the wake of the US Supreme Court’s  Dobbs v. Jackson Women’s Health Org. decision in 2022.

Additionally, Dave is working closely with McDermott’s best-in-class Health Information Privacy and Privacy/Cybersecurity teams to provide comprehensive, strategic counseling and representation to clients around website and mobile application user tracking and marketing technologies (AdTech)—including defending multiple class action cases brought against clients under wiretapping/eavesdropping statutes.

Dave is one of the leading lawyers in the United States in the area of responding to HHS-OCR investigations, whether based upon HIPAA or upon conscience and religious freedom laws, and negotiating favorable resolutions when such investigations result in allegations of non-compliance by covered entities or business associates. Notably, Dave served as lead counsel in the successful defense of a health system against the first attempt by the HHS-OCR and the Department of Justice Civil Rights Division to take conscience-based enforcement action against a provider—securing a dismissal of the DOJ lawsuit and a reversal of HHS-OCR’s notice of violation.

As a former advanced emergency medical technician and ambulance service officer, Dave brings a provider’s perspective to the practicalities of healthcare compliance and risk mitigation, which allows him to grasp issues quickly and to communicate them effectively both to and on behalf of providers.

Dave’s practice also includes commercial litigation and dispute resolution on behalf of a variety of clients inside and beyond health care, including a leading alcohol beverages brand.  Additionally, Dave serves as national coordinating counsel for a building products manufacturer in the asbestos product liability litigation.

Dave regularly writes and lectures on the issues referenced above. Dave also has significant trial, hearing, and arbitration experience, and has performed extensive pro bono work.

Previously, Dave served as law clerk to the Honorable Ernest C. Torres, Chief Judge of the US District Court for the District of Rhode Island.

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• Representing a leading global healthcare company in responding to and successfully resolving a four-year multifaceted federal investigation into alleged kickbacks to patient referral sources and false claims for reimbursement, along with parallel civil qui tam action under the False Claims Act
• Helping a leading global healthcare company to negotiate, implement and operate under the terms of a corporate integrity agreement with the Office of Inspector General for the US Department of Health & Human Services (HHS)
• Counseling a major healthcare services company with respect to fair market value and other issues on hundreds of millions of dollars’ worth of mergers and acquisitions (M&A) transactions with potential sources of patient referrals
• Representing multiple healthcare providers facing threats of HIPAA civil monetary penalties from HHS-OCR and negotiating favorable resolutions to such matters
• Securing very favorable (including “no-action” and “technical assistance only”) outcomes for several hospitals and other healthcare providers facing data breach-related investigations by state attorneys general and/or the HHS, Office for Civil Rights
• Successfully prosecuting gross negligence and breach of contract claims on behalf of a Medicare Advantage organization against one of its vendors, resulting in a very favorable resolution after the defendant’s motion to dismiss was denied in full
• Successfully defending a major alcohol beverages brand against a $90 million breach of contract claim by one of its co-packers, and against a separate $16 million breach of contract claim by a supplier
• Serving as trial counsel for an information technology company in a multimillion-dollar breach of contract, fraud and unfair business practices litigation against one of its vendors
• Defending a leading global medical products manufacturer at the London Court of International Arbitration and a Turkish entrepreneur at the International Chamber of Commerce (ICC) International Court of Arbitration in London against multimillion-dollar breach of contract and related claims brought by business partners
• Defending on appeal an order of the US District Court for the District of Massachusetts directing the Massachusetts Department of Corrections to provide inmates with access to weekly religious services (Crawford v. Clarke, 578 F. 3d 39 (1st Cir. 2009))
• Obtaining compensation from the Commonwealth of Massachusetts for an individual who had served a 40-month prison sentence in the mid-1980s for an armed robbery that he did not actually commit
• Securing favorable outcomes for several indigent federal criminal defendants facing charges related to narcotics distribution, gun possession and tax evasion

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Simon also advises individuals, family offices and trustees of offshore settlements on trust law matters and UK tax matters.

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• Advising as part of a multi-jurisdictional team defending a high-net-worth individual during a revenue authority’s audit of their tax reporting
• Involved in the preparation of an expert report on trust law for submission to a non-common law jurisdiction’s courts in the context of an intra-family trust dispute

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• Citywealth Leaders List, 2018

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David founded the firm’s Estate, Trust and Guardianship Controversy practice more than 30 years ago. He led a group of private client and litigation attorneys who, together, have 80 years of experience in this unique field, one that combines substantive property law and tax background with litigation skills. David and this group achieved attention-getting results in high-profile matters involving defense of fiduciaries in investment and general liability cases, defense of fiduciaries in will and trust contests, and other diverse matters, including the highest-exposure transfer tax litigation cases in the United States. Representative matters include the following:

• Successfully defending the corporate fiduciary managing an Indiana trust, who was subject to a $100 million investment liability claim, and achieving a no-liability outcome, following by a court order taxing the cost of the litigation to the plaintiff beneficiaries
• Successfully defending will, trust and tort claims brought against the estate of the owner of a long-standing Chicago grocery store chain, with alleged damages in excess of $100 million, including obtaining full dismissal of all claims and sanctions against the plaintiff’s attorneys
• Successfully defending the surviving spouse of a Michigan decedent, in a case involving the largest federal transfer tax deficiency ever sought by the Internal Revenue Service, and ultimately preserving, in its entirety, the surviving spouse’s significant share of the decedent’s estate and trust

David also handles appellate cases, and was the lead counsel on 10 published opinions in the courts of Illinois, Indiana and Michigan, including Americans for the Arts v. Ruth Lilly Charitable Remainder Annuity Trust No. 1, 855 N.E. 2d 592 (Ind. Ct. App. 2006), a leading case on a trustee’s duty to diversify investments

David has authored articles and outlines for the American College of Trust and Estate Counsel (ACTEC), the Illinois Institute of Continuing Legal Education (IICLE) and the Chicago Bar Association, as well as for the Probate and Property Journal of the American Bar Association. He is the editor and primary author of the 2002 edition of the IICLE’s Handbook on Estate, Trust and Guardianship Litigation (formerly Contested Estates), which he organized, authored and edited as a new publication for IICLE. He also speaks before these organizations on topics including contested estates, trusts and guardianships, estate planning and tax litigation. In law school, David served as an associate editor and contributor of the Loyola University of Chicago Law Journal.

Frequent speaker for Chicago Bar Association, Illinois Institute on Continuing Legal Education and local Bar Associations regarding estate, trust and foundation administration and litigation involving estates, trusts, and guardianships.

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• Law & Politics, Illinois Super Lawyer, Estate Planning & Probate
• American Bar Association, 1999 Excellence In Writing Award, Probate And Property
  Loyola University School of Law, Hugh L. Dick Award for Excellence in Taxation, inaugural recipient
• Loyola University of Chicago Law Journal, Distinguished Service Award for Associate Editor Duties

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• Illinois Attorney General’s Office, Attorney General’s Advisory Committee on Charitable Trust Act
• Baker Demonstration School, Wilmette, Illinois, founder, officer and director 2004 to 2006, including organizing and leading the professional team that prevented the closing of Baker Demonstration School when it was terminated as an operating division of the National College of Education

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