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Emil Hirsch

Emil Hirsch

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Overview

Emil Hirsch is a litigator with over 40 years of trial and appellate experience. His national practice focuses on complex commercial litigation, litigation related to the health care, real estate, financial services and utility industries, bankruptcy litigation, and matters involving the administrative and constitutional law. He represents financial institutions, real estate industry participants, health care providers (including hospitals), public utilities and other public bodies, and non-profit entities. His trial experience includes cases involving business torts, breach of contract, civil RICO, securities, breach of fiduciary duty claims, directors and officers liability, fraud and administrative law issues. He has extensive experience representing clients in "bet the company" litigation.

Emil is fluent in German, Romanian, Hungarian, and Hebrew.

Experience

  • Counsel for a District of Columbia full-service hospital in “bet the company” litigation against it and the District of Columbia for specific performance, constructive trust, and multi-million dollar damages relief brought by an entity that claimed to have contracted to purchase all real estate and operating assets owned by the instrumentality. Prevailed on summary judgment as to all claims. Succeeded in having the judgment affirmed on appeal.
  • Represent a full service hospital in an ongoing federal court action brought by a discharged former employee. The original complaint included qui tam and retaliation claims for violation of the federal False Claims Act. Following its dismissal by the court, the FCA claim was abandoned.
  • Counsel for a hospital entity in federal court litigation brought by a physician. The claim alleges FCA violations, the violation of several whistleblower statutes, and termination in violation of public policy. A decision on the client’s motion to dismiss is pending.
  • Represent a hospital client in the defense of multi-million dollar claims for quantum meruit recovery brought by a physician group. Formulated both jurisdictional and merits-based grounds for seeking dismissal of the action. A recent mediation resolved these claims.
  • Counsel for a hospital entity in defending against claims of a former employee who was discharged. The employee asserted claims for violation of the federal and District of Columbia False Claims Acts, the local whistleblower protection statute, and wrongful discharge in violation of public policy and breach of contract. The claims were recently settled by mediation.
  • Retained by hospital provider to conduct an internal investigation of a protected patient information data breach and a related non-compliance with the client’s procurement practices which enabled the data breach to occur.
  • Ongoing representation of a full service hospital in connection with corporate governance matters involving its board of directors. This includes attendance at all board meeting, advice to the board on numerous governance and compliance issues, preparation of board resolutions, as needed, and proposing as well as drafting additional board bylaws.
  • Represented a hospital client in negotiating and drafting major contract with a management company which operates the hospital. The contract was executed, all approvals for it were obtained, and the management company commenced its performance.
  • Counsel for hospital entity in a real estate lease dispute with a dialysis provider. The court case was bifurcated between the client’s claim seeking possession of the premises, and damage claims for failure to properly maintain the premises, which caused major structural and other damage to the client’s building in which the dialysis center is located. The possession dispute was resolved. The damage claims litigation is stayed but will resume shortly.
  • Represented hospital client in connection with a repossession of leased premises from a pharmacy tenant. This contentious litigation resulted in a summary judgment in the client’s favor after which the tenant vacated the premises. The tenant’s appeal to the DC Court of Appeals was fully briefed and argued but was dismissed by agreement.
  • Counsel for a full service hospital in intensive negotiations and drafting of two major contracts with a major DC area provider organization. The contracts were executed, all necessary approvals were obtained, and performance commenced under both contracts.
  • Relationship attorney for two New York hospitals which are negotiating a sale of assets to a private equity fund.

Recognition

  • Selected for inclusion in Washington D.C. Super Lawyers, Business Litigation (2013-present)
  • AV Rated Martindale-Hubbell, Highest Peer Review Rating

Credentials

Education
  • University of Maryland School of Law (J.D., 1976)
  • University of Maryland (B.S., 1973)
Bar Admissions
  • District of Columbia
  • Maryland
Languages
  • German
  • Hebrew
  • Hungarian
  • Romanian
Court Admissions
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, D.C. Circuit
  • U.S. District Court, District of Columbia
  • U.S. District Court, District of Maryland

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.