Managed Care Litigation: Latest Developments

Litigating Issues Involving Healthcare Reform, Payment Practices, Most Favored Nations Clauses and More

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, February 7, 2012

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will prepare healthcare counsel to litigate managed care lawsuits. The panel will discuss legal, substantive and practical considerations in common areas of dispute.


Continuing financial pressures in the healthcare industry are driving an increase in managed care suits. Disputes have focused on the use of Most Favored Nations clauses, reimbursement rates, including for out-of-network services, and other issues.

Managed care litigation involves complicated legal theories and the potential for significant monetary damages. Litigating managed care suits requires meticulous planning.

Listen as our authoritative panel of healthcare practitioners analyzes recent developments in managed care litigation and discusses substantive, strategic and practical considerations involved in litigating managed care suits. The panel will review the current posture and potential outcome of state and private party constitutional challenges to PPACA pending before the United States Supreme Court, along with areas of PPACA that pose managed care litigation risks.



  1. Managed care litigation—current legal trends
    1. Constitutional challenges to PPACA
    2. Litigation issues associated with healthcare reform
  2. Common litigation issues
    1. ERISA remedies
    2. Use of Most Favored Nations Clause
    3. Reimbursement
    4. Silent PPOs
    5. Provider inclusion and exclusion from networks
  3. Best practices when litigating claims


The panel will review these and other key questions:

  • What are the bases for the recent wave of managed care suits—and what defenses are available to providers and healthcare plans?
  • What litigation and settlement strategies have proven effective for counsel litigating managed care claims?
  • What are the best practices for counsel to providers and healthcare plans to minimize the expanding risk of managed care suits?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


James W Boswell, III
James W Boswell, III

King & Spalding

He has extensive experience in handling a full range of commercial litigation matters. He has handled jury trials,...  |  Read More

Jesica M. Eames
Jesica M. Eames

King & Spalding

She represents a variety of healthcare clients – including hospitals and health systems, academic medical...  |  Read More

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