Albert M. Appel concentrates in serving as an arbitrator and mediator following a career in general commercial and complex litigation and health law.
Mr. Appel has substantial experience as arbitrator and mediator in commercial and health care disputes. Arbitrations have ranged from sole arbitrator of a one-day hearing to chair of several three-member panels conducting preliminary injunction hearing and multi-week hearings on the merits; requests for relief have ranged from $100,000 to $50 million and also equitable relief. Matters have included breach of contract; corporate buy-sell and purchase price dispute; business torts, including breach of duty of loyalty and other fiduciary obligations, tortious interference, deceptive business practices, fraud, conversion and embezzlement; physician relationships and medical practice management; shareholder and partnership disputes, including governance, deadlock, dissolution, determination of ownership interests and buy-outs; provider terminations from health insurer networks; managed care relationships; provider/payer relationships and contractual reimbursement disputes, including coverage, medical necessity, coding and billing issues; indemnification, representation and warranty claims regarding plant and equipment and billing issues arising out of hospital acquisition; interpretation of supply and pricing contract provisions; national residency program accreditation dispute with academic medical center; copyright infringement; request for an accounting; employment and discrimination claims; product liability and medical device recall; corporate shareholder, employment, severance, compensation, profit-sharing and pension disputes; and defamation.
Mr. Appel also has counseled and litigated in courts and arbitrations throughout the country in a wide variety of commercial matters, including healthcare; contracts; fraud and misrepresentation; interference with contractual and business relations, and other business torts; general business and commercial disputes; fiduciary obligations; director and officer liability; employment and discrimination law; products liability; environmental law; partnership and shareholder disputes; corporate governance; hotel ownership-management disputes; antitrust; securities law; accountants’ liability; government investigations; bankruptcy and workout negotiations; insurance coverage; indemnification and contribution; trademark and trade dress; unfair competition; and misappropriation of trade secrets. Mr. Appel has extensive experience managing complex, multidistrict and class action litigation.
As counsel to a prominent New York City medical center, large HMO and other providers and managed care organizations, Mr. Appel has provided advice on compliance with health care-related laws and regulations; credentialing and other medical staff issues; accreditation issues; fraud and abuse and self-referral issues; patient care advice and litigation; government investigations regarding billing and other matters; physician, employee and management relationships; institutional affiliation agreements; managed care relationships and contracts; HIPAA compliance; corporate and commercial matters, including business relationships and contracts with health care providers, insurers and other third-party payers, suppliers and vendors; financings; mergers; corporate governance; and litigation.
— REPRESENTATIVE MATTERS
Some of Mr. Appel’s notable representations include:
- Chair of three-arbitrator panel determining hospital’s $18 million reimbursement claims against insurance company;
- Sole arbitrator of $12 million claim by multi-hospital health system against insurance company for breach of contract and statutory violation;
- Chair of three-arbitrator panel determining corporate ownership, governance, dissolution, shareholder buy-out and interim and permanent injunctive issues;
- Sole arbitrator of claims for $10 million regarding plant and equipment and billing issues arising out of hospital acquisition;
- Sole arbitrator of dispute involving claims and counterclaims for compensation, severance pay, deferred compensation and breach of contract and fiduciary obligations;
- Member of three-arbitrator panel determining claims and counterclaims for damages and interim and permanent injunctive relief relating to corporate deadlock, conversion and embezzlement of $5 million, breach of fiduciary duty and removal of corporate officers;
- Sole arbitrator of physician claim for wrongful termination from health insurer network;
- Sole arbitrator of $4 million reimbursement and breach of contract claims and counterclaims between hospital and health insurer;
- Member of three-arbitrator panel determining $9 million claims of withdrawing member of excess insurance consortium;
- Chair of three-arbitrator panel determining coverage claim for insurance recovery;
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Fourth Circuit
U.S. Court of Appeals, Eleventh Circuit