Colin J. Zick

  • Partner
  • Boston
  • 617 832 1275 direct
  • 617 832 7000 fax

Colin Zick’s practice is focused on health care and compliance issues, and often involves the intersection of those two subjects in administrative proceedings or litigation. His work has had a particular emphasis on compliance issues related to pharmaceutical and medical device companies, hospitals, practitioners (including physicians, dentists, optometrists, psychologists, veterinarians), and provider organizations. This compliance work includes helping clients establish and maintain effective compliance programs. Colin also defends clients in disputes alleging kickbacks, overpayments, and billing and coding problems, and represents clients before various state health care licensing and regulatory entities.

Colin’s practice also includes work on health care transactional matters. These projects include the establishment of joint ventures, the creation of new entities, drafting and negotiation of service and employment contracts, and negotiating clinical trial agreements.

He also frequently counsels clients on issues involving information privacy and security (including state and federal data security laws, FTC Red Flags Rule and HIPAA). Colin co-founded the firm's Data Security and Privacy Practice Group and regularly contributes to its blog, www.securityprivacyandthelaw.com. His practice also includes clients in industries beyond health care, ranging from the music industry to Internet start-ups. He has been involved in litigation relating to commercial disputes, antitrust and unfair competition claims, and copyright infringement.

Bars and Court Admissions

  • Massachusetts
  • New Hampshire
  • U.S. District Court for the District of New Hampshire
  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals, First Circuit
  • U.S. Court of Appeals, Ninth Circuit

Representative Experience

The following is a brief summary of Colin's experience and accomplishments:

  • Representing a health insurer in state rate review litigation and administrative proceedings

  • Represented a national health insurance company in responding to an investigation and lawsuit by a state attorney general’s office

  • Represented a multi-national defense contractor in establishing its data privacy and security program

  • Represented the target of a grand jury investigation, who was alleged to have paid illegal kickbacks to physicians

  • Represented a major pharmaceutical manufacturer in state investigation of sales and pricing practices

  • Drafted the compliance policies of a physician practice at a major teaching hospital and advised that practice on the establishment of its compliance program

  • Represented a specialty hospital in litigation regarding contract for purchase of information services and equipment

  • Represented a chain of health care providers in negotiations and settlement with the Department of Justice regarding impact of Medicare changes on overpayments
  • Advised clinical trial sponsors and contract research organizations in contracting and compliance matters
  • Conducted review and analysis of health care compliance plan of publicly-held pharmaceutical company with over $2 billion in annual revenues and 8,500 employees

  • Successfully defended an independent physician association against claims under the federal anti-kickback statute

  • Secured a positive advisory opinion from the Department of health and Human Services Office of Inspector General

  • Served as counsel for Fortune 100 company in price fixing class action
  • Successfully represented a leading media companies in copyright infringement actions
  • Advised Internet site providers on privacy and confidentiality issues

  • Reported Cases: 

    • Massachusetts Association of Health Plans v. Murphy, 2010 WL 2102726 and 2010 WL 2010723 (Mass. Super. 2010)
    • Vranos v. Franklin Medical Center, 448 Mass. 425, 613 N.E.2d 82, 2007 WL 572122 (2007) (amicus)
    • In Re: Young's Case, 64 Mass. App. Ct. 903, 833 N.E.2d 646 (2005) (amicus)
    • Keene v. Brigham and Women's Hospital, 439 Mass. 223, 786 N.E.2d 824 (2003) (amicus) 
    • Hudson v. DuBois, 741 N.E.2d 492, 2001 WL 92991 (Mass. App. Ct. 2001)
    • Landry v. Attorney General, 429 Mass. 336, 709 N.E.2d 1085 (1999) (amicus)
    • Newman v. City of Malden, 1998 WL 324201 (Mass. Super. 1998)
    • Mayfield v. Dalton, 109 F.3d 1423 (9th Cir. 1997) (amicus)
    • Hunneman Real Estate Corp. v. Eastern Middlesex Association of Realtors, Inc., 860 F.Supp. 906 (D.Mass. 1994)
    • Attorney General v. Dime Savings Bank of New York, FSB, 413 Mass. 284, 596 N.E.2d 1013 (1992)

professional / civic involvement

  • Boston Bar Association, Member and Co-Chair, Health Law Section (2010-2011)
  • Lex Mundi -- Health Care Industries Practice Group, North America Regional Vice-Chair (October 2009 to present)
  • Massachusetts Attorney General's "Legal Food Frenzy," (Firm Coordinator, 2010)
  • New England Council -- Health Care and Technology Committees
  • American Health Lawyers Association, Member (Participant, Fraud and Abuse Enforcement Panel)
  • Health Care Compliance Association, Member
  • The Alumni Association of the University of Michigan, Director (2000 to 2008)
    • University of Michigan Club of Greater Boston, President (1993-96)
    • Board Member, Beacon Hill Civic Association (May 2007 to present)
      • Parks and Public Spaces Committee, Chair (2007 to present)
    • Member, Boston Common Frog Pond Advisory Committee (February 2007 to present)
    • Board Member, Friends of the Public Garden (October 2007 to present)
    • Board Member, Trinity Boston Foundation (June 2010 to present)

    SPEECHES AND CONFERENCES

    • "Global Implications of U.S. Health Reform," Lex Mundi Webinar, May 20, 2010
    • "Physician Payments: Building a Dynamic Aggregate Spend Program That Complies with and Accounts for the Disparities Between Current and Pending State Legislation," ACI 10th National Forum, March 25, 2010
    • "New Developments in Information Privacy and Security," Massachusetts Restaurant Association, February 8, 2010 (with Rob Fisher)
    • "Law School for the CFO:  Overview of Massachusetts' New Data Security Law and Regulations," CFO Roundtable, December 18, 2009
    • "New Developments in Health Information Privacy & Security Issues," Massachusetts Continuing Legal Education, October 27, 2009
    • "Dr. Disclosure: What the Massachusetts Pharmaceutical and Medical Device Marketing Laws Mean for You," Crimson Life Sciences Webinar, July 16, 2009
    • "Understanding the American Recovery & Reinvestment Act: NIH Life Sciences Grants and Funding for Health Information Technology," The Center for Business Intelligence, May 14, 2009
    • "The New Massachusetts Drug and Medical Device Marketing Code of Conduct and Public Reporting System," Boston Bar Association, May 6, 2009
    • "The Final Massachusetts Pharmaceutical & Medical Device Marketing Regulations," Massachusetts Biotechnology Council, April 9, 2009
    • "HIT 09: Consent, Quality and Interoperability Under the New Administration -- Perspectives on Patient Consent: Is Consent Dead and Should We Even Care?," Massachusetts Health Data Consortium, February 5, 2009
    • “Legal Issues for Animal Response Team Volunteers,” New England SART Conference, December 10, 2008
    • "Understanding the New Data Security Law," December 10, 2008
    • “Compliance with Marketing Codes When Dealing with Health Care Professionals,” Massachusetts Biotech Council, August 14, 2008
    • “Release of Health Information: Basic Issue and Answers,” Massachusetts Health Information Management Association Dot Wagg Memorial Seminar, April 15, 2008
    • “Compliance Issues & College Health Centers: Old Challenges and New Paradigms,” Southern College Health Association, March 27, 2008
    • “Integrating Electronic Health Records, Personal Health Records, and e-Prescribing: A Collision?”, Massachusetts Health Data Consortium 2007 Healthcare Information Technology Conference, February 2, 2007 
    •  “Report Cards: A New Evaluation Tool for Hospital Boards and Trustees,” New England Healthcare Assembly 27th Annual Trustee Conference (with Shirin Philipp, Esq.), December 7, 2006 
    •  Presenter, Massachusetts Joint Legislative Ambulatory Surgical Center – Magnetic Resonance Imaging Commission, October 23, 2006 
    •  “Privacy - Risk & Opportunities -- Examining Privacy Issues and Investment Opportunities,” Massachusetts Network Communications Council, October 18, 2006 
    •  “The Health Care Legal Leadership Conference,” sponsored by Reed Logic, April 2006 
    •  “Old Records in New Format: How EHR Impacts Requests for Patient Records Made by Third Parties,” Massachusetts Health Information Management Association Dot Wagg Memorial Seminar, April 13, 2006 
    •  “Ten Commandments for Trustees of Non-Profit Hospitals: A Trustee Primer,” New England Healthcare Assembly 26th Annual Trustee Conference (with Shirin Philipp, Esq.), December 8, 2005 
    •  “Hospital Compliance: Recent Developments from the OIG and the Supreme Court,” Massachusetts Hospital Association, March 30, 2005 
    •  “Successful Product Launch and Product Marketing: Implications of the Changing Health Regulatory Environment,” Massachusetts Biotech Council, September 14, 2004 
    •  “EPA New England's New Focus on Hospitals,” Massachusetts Hospital Association, June 4, 2004 (with Adam Kahn, Esq.) 
    •  “HIPAA Operational Issues: Release of Information Pursuant to Subpoena and the
      Pre-emption Puzzle,” Massachusetts Health Information Management Association Fall Educational Meeting, September 10, 2002 
    •  “Privacy, Security & Access to Information,” Massachusetts Health Data Consortium 24th Annual Meeting & Policy Forum, April 12, 2002 (Moderator and presentor, “Pre-emption of State Laws by HIPAA”) 
    •  “Rules, Regs and Rights: A Stark II Regulations Briefing,” Massachusetts Medical Society/Massachusetts Hospital Association, April 24, 2001 
    •  “Measuring Effective Compliance: Where Does Your Program Stand?” Massachusetts Hospital Association 2000 Corporate Compliance Series, May 3, 2000 
    •  “Health Care Fraud and Abuse: Addressing Issues of Corporate Compliance,” Massachusetts Hospital Association, November 5, 1997 
    •  “Fraud and Abuse: Minimizing Organization Risk,” American Health Information Management Association, national teleconference, August 27, 1997 
    •  “Telemedicine and the Law: Legal and Practical Issues at the Cutting Edge of Health and Communications Law,” Boston Bar Association, June 19, 1996

    publications