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Carly Eisenberg represents a wide variety of health care industry clients, including hospitals, physician groups, accountable care organizations, independent practice associations, home care agencies, managed care entities and private equity firms investing in the health care sector.

What do you focus on?

Health Care Transactions

I focus my practice on representing clients in health care transactions, including joint ventures, mergers and acquisitions and contractual arrangements. In addition, my practice includes advising clients on the formation of accountable care organizations and representing middle-market private equity firms in their acquisitions of portfolio companies.

Fraud & Abuse and Regulatory Compliance

I also advise clients on federal and state anti-kickback and self-referral laws with respect to both structuring health care transactions and day-to-day operations. Other areas in which I have regulatory experience include corporate practice of medicine and fee-splitting prohibitions, Medicare and Medicaid compliance and data privacy and security issues.

Food and Drug Law

I have FDA regulatory experience with issues related to drugs, medical devices, biosimilars, human cellular and tissue-based products, the preparation of premarket submissions, clinical trials, product labeling and advertising, hospital information systems and device data systems.

What do you see on the horizon?

Not only is the health care industry continuing to focus on increasing efficiencies in a constantly evolving legal framework, but investors are looking at health care businesses as a vehicle for generating profits.

Publications and Presentations

  • “The Federal Regulation of Mobile Medical Apps,” Update: Food and Drug Law, Regulation and Education, July 1, 2013 (Co-author)
  • “Social Media and the De-Identification of Protected Health Information,” Bloomberg BNA Social Media Law & Policy Report, March 12, 2013 (Co-author)
  • “Agents Without Principals: Regulating the Duty of Loyalty for Nonprofit Corporations Through the Intermediate Sanctions Tax Regulations,” The Journal of Business, Entrepreneurship and the Law, Volume V, Number II, July 2012. (Co-author)
  • “New York Establishes Medicaid Redesign Team,” American Health Lawyers Association Health Lawyers Weekly, January 21, 2011 (Co-author)
  • “Use of NOL Poison Pill Sanctioned by Delaware Supreme Court,” EisnerAmper’s SEC Trends & Developments, December 2010 (Co-author)
  • “Doing Justice Under the Price Anderson Act,” The Journal of Biolaw & Business, 2010 (Author)
  • “Genetic Predispositions v. Present Disabilities: Why Genetically Predisposed Asymptomatic Individuals are not Protected by the Amended ADA,” Boston University Journal of Science & Technology Law, Winter 2010 (Author)
  • “Dumontier v. Schlumberger: Subcellular Damage under the Price-Anderson Act,” Boston University Journal of Science & Technology Law, Summer 2009 (Author)

Media Clips

  • The Federal Regulation of Mobile Medical Apps
    Update: Food and Drug Law, Regulation and Education | July 1, 2013

    Health Services and Life Sciences partner Areta Kupchyk, Global Business & Transactions partner Mavis Yee, and Health Services and Life Sciences associate Carly Eisenberg authored this article on the need to balance the increasing use of mobile apps in the medical field with the need to protect the public. Click here to read the article online.

  • Social Media and the De-Identification of Protected Health Information
    Bloomberg BNA Social Media Law & Policy Report | March 12, 2013
    This article, co-authored by partner & leader of the health services practice Michele Masucci and Long Island health services associate Carly Eisenberg, addresses the rising popularity of social media bring new challenges for health care providers. Click here to read the article.
  • Understanding Liability and Reducing Litigation Risk
    Legal Essentials for Emergency Physicians | November 1, 2012

    Boston Health Services partner Regina Rockefeller and Long Island Health Services associate Carly Eisenberg discuss emergency department liability and related litigation.

  • . . . View all . . .
  • Pro Bono 2012: Power Player
    American Lawyer | August 27, 2012

    This article highlights the firm’s pro bono involvement with Impact Energies, a company that distributes clean energy products throughout Ghana by providing microfinance loans to locals. New York City securities associate Dan McAvoy, who led the firm’s efforts, is quoted in the piece, as is Washington, DC, Energy & Environmental partner Deborah DeMasi. The other members of the Nixon Peabody team highlighted in the article included partners Allan Cohen and Bill O’Brien and associates Carly Eisenberg, Susannah Keagle, Deirdre Nash, and Richa Naujoks.


Carly B. Eisenberg