Colin J. Zick

Partner, Co-Chair, Healthcare Practice and Co-Chair, Privacy & Data Security Practice - Boston

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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.

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Education:

  • University of Michigan Law School, J.D., cum laude
  • University of Michigan, B.A., with highest distinction, Phi Beta Kappa

Representative Experience

  • Advised Fortune 1000 company regarding data breach response
  • Advised client selected as one of the first Medicare Shared Savings Program Accountable Care Organizations
  • Advised hospitals responding to federal "short stay" investigations
  • Counseled community health center on compliance with HIPA and related data privacy and security issues.
  • Advised medical device and pharmaceutical manufacturers on federal and state "sunshine" laws regarding payments to physicians
  • Represented a health insurer in successful 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 leading media companies in copyright infringement actions
  • Advised Internet site providers on privacy and confidentiality issues
  • Reported Cases: 
    • Dolan v. Chester, et al., 2011 WL 6982150 (January 10, 2012)
    • Dolan v. Comm'r of Education, et al., 2011 WL 3216617 (Mass. Super. 2011) 
    • Community Infusion Services, Inc. v. The National Organization for Rare Disorders, Inc., 2011 WL 2420224 (C.D. Cal. June 14, 2011)
    • 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, 50 Mass. App. Ct. 1114, 741 N.E.2d 492, 2001 WL 92991 (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)

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Honors

  • Ranked by CHAMBERS USA: AMERICA'S LEADING LAWYERS FOR BUSINESS as one of Massachusetts' leading Healthcare lawyers (2010-2013)
  • Listed in MASSACHUSETTS SUPER LAWYERS (2004-2013)
  • Martindale-Hubbell AV Preeminent (R) rating
  • Campbell Moot Court Competition semi-finalist, University of Michigan School of Law (1990)
  • William Jennings Bryan Prize recipient, “Outstanding Student in Political Science,” University of Michigan (1987)
  • Phi Beta Kappa, University of Michigan Chapter (1987)

Involvement

  • Boston Bar Association, Co-Chair, Health Law Section (2010 - 2012)
  • Lex Mundi
    • Chair - Health Care Industries Practice Group (September 2011 - May 2015)
    • North America Regional Vice-Chair, Health Care Industries Practice Group (October 2009 - August 2011)
  • 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 - 2008)
  • University of Michigan Club of Greater Boston, President (1993 - 1996)
  • Board Member, Beacon Hill Civic Association (May 2007 - present)
  • Board Member, Friends of the Public Garden (October 2007 - present), Vice Chair (January 2013 - present)
  • Board Member and Clerk, Trinity Boston Foundation
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Bar Admissions

  • Massachusetts
  • New Hampshire

Court Admissions

  • 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