joseph l. demarzo, esq. - nysba
TRANSCRIPT
Joseph L. DeMarzo, Esq. (ret.)
Joseph DeMarzo, a senior partner and trial attorney, has focused his practice on the defense
of physicians and hospitals in malpractice cases from inception through trial, for over two
decades. He serves as the liaison partner for a hospital client in New York. Mr. DeMarzo is a
member of the Firm's Health Care Law practice group, representing health care
professionals in professional disciplinary proceedings, and advising and representing
hospitals in physician staff credentialing matters and governmental investigations, and in
labor and employment cases. Mr. DeMarzo also defends insurance coverage and directors
and officers liability matters, as well as nursing homes and long term care facilities.
Mr. DeMarzo headed the Firm's fen-phen diet drug litigation team. The Firm defended the
majority of the health care providers involved in diet drug cases in the State of New York.
Mr. DeMarzo's mass tort experience has also included the defense of pharmaceutical
concerns in diethylstilbestrol litigation. Mr. DeMarzo served as Managing Partner of the
Firm from 1995 through 1999.
Mr. DeMarzo earned his law degree from Georgetown University Law Center in 1979, and
was a member of The American Criminal Law Review. He is a 1976 cum laude graduate of
the Georgetown University School of Foreign Service, and is a member of Phi Beta Kappa.
He is admitted to practice before the New York State Courts and the United States District
Court for the Southern and Eastern Districts of New York. Mr. DeMarzo has served on the
Medical Malpractice Committee of The Association of the Bar of the City of New York, and is
a member of the American Bar Association, American Health Lawyers Association, New
York State Bar Association, Brooklyn Bar Association and the Defense Research Institute. In
addition, Mr. DeMarzo has been a member of the Board of Editors and contributor of
Medical Malpractice Law Strategy and is a co-author of two chapters in Legal Manual for
New York Physicians. He is AV® rated by Martindale-Hubbell® which is their highest
rating.
Carolyn Shearer, Esq. Bond, Schoeneck & King, PLLC
Carolyn has extensive experience in a broad range of health law practice areas, including
provider relationships and business transactions. She regularly advises health care
providers on Stark Law and anti-kickback issues, federal and state regulatory compliance,
tax-exemption and HIPAA. Carolyn represents health care facilities and professionals in
compliance program development and implementation, Medicare and Medicaid
participation and provider self-disclosures. Representing health care professional licensees
as well as acute care facilities, long term care providers and suppliers, she is experienced
with professional discipline and licensure, administrative agency hearings and appeals,
medical staff organizations, sponsored research, medical device regulation, clinical
laboratories and federal and state regulatory compliance.
Before joining Bond, Carolyn served as General Counsel for Albany Medical Center. In that
role, she established a legal department to serve the Center, Albany Medical Center
Hospital, Albany Medical College and a multi-specialty physician group practice. Carolyn
assisted in implementing institutional programs and provider affiliations, consulted in
biomedical ethics and professional liability programs and was involved in employment law
issues. Earlier, she worked for the New York State Department of Health, Division of Legal
Affairs in health care facility regulation, administrative hearings and medical professional
discipline.
John J. Barbera, Esq. Martin Clearwater & Bell LLP
John J. Barbera is a senior partner and trial attorney and focuses his practice on the defense
of professional liability claims, complex personal injury cases, and health care law matters.
Mr. Barbera manages the defense of physicians and hospitals from the investigatory stages
of a claim through trial. As a member of the Firm’s Health Care Group, he represents health
care professionals in professional disciplinary proceedings with the New York State
Department of Health. He also advises and defends hospitals, and their directors and
officers, in physician-staff credentialing matters.
Before joining MCB, Mr. Barbera was an Assistant District Attorney for Bronx County.
During his tenure, he was a member of the Investigations Bureau where he prosecuted
public corruption and white collar criminal cases. Before joining the Investigations Bureau,
he was a member of the Appeals Bureau, where he argued briefs on issues of constitutional
criminal law before the New York State Supreme Court, Appellate Division, First
Department.
Mr. Barbera is admitted to practice before the New York and Connecticut State Courts, the
United States Southern and Eastern District Courts of New York and the District Court of
Connecticut. He earned his J.D. degree from Fordham University School of Law in 1989 and
his B.A. degree from Boston University in 1984.
Mr. Barbera is a member of the New York State and Connecticut Bar Associations. He is
also an Executive Committee Member of the Westchester Bar Association Health Law
Section and is a member of the Professional Discipline Sub-Committee of the Health Care
Section of the New York State Bar Association. This Committee addresses issues related to
regulatory agencies such as the Office of Professional Medical Conduct and the Office of
Professional Discipline.
Mr. Barbera lectures on risk management issues and defense of malpractice cases to
physicians, nurses and other health care professionals at hospitals. He has lectured at the
NYS Judicial Institute via webinar to New York State’s Supreme Court Judges and their
clerks as part of the Judiciary’s Continuing Legal Education Program. As a member of the
Firm’s Education Committee, he regularly lectures to attorneys and clients as part of the
Firm’s Continuing Legal Education Seminars. He is also an invited participant at Fordham
Law School’s Career Planning Training Seminars for law students.
Mr. Barbera serves on the Board of Directors of Southeast Consortium for Special Services,
Inc., which is a not-for-profit organization which provides therapeutic recreation and
leisure-related services for children and adults with disabilities.
Mr. Barbera is the senior partner in full-time residence at the Firm's Westchester Office
with a staff that includes seven attorneys.
He is AV® rated by Martindale-Hubbell®, which is their highest rating.*
Terrance M. Bedient, FACHE Committee for Physician Health
Terrance M. Bedient, FACHE, is Vice President, Medical Society of the State of New York and
has been Director of the Committee for Physical Health since 1997. Mr. Bedient has
previously has served in the Army Medical Service Corps; Assistant Administrator/Risk
Manager at Beekman Downtown Hospital in Manhattan; Vice President for Professional
Services at St. Joseph Mercy Hospital in Pontiac, Michigan; President and Chief Executive
Officer of Myers Community Hospital near Rochester, New York. He has served as a Board
Member of healthcare organizations including the Hospital Association of New York State,
Rochester Regional Hospital Association, Genesee Region Home Care, Fairlawn Children’s
Hospital, and the Metropolitan Health Administrators Association. He was appointed by
New York Chief Judge Judith Kaye as a charter Board member of the Lawyers Assistance
Trust. He currently serves on the Board of the Federation of State Physician Health
Programs, and as non-acloholic Chairman of the General Service Board of Alcoholics
Anonymous. Mr. Bedient is a graduate of the Post Masters Program in Healthcare
Administration of the George Washington University in Washington, D.C. He is a Fellow of
the American College of Healthcare Executives.
Danielle DeMers, Esq. New York State Office of the Medicaid Inspector General
Danielle DeMers has been practicing as a Senior Attorney in the Office of Counsel at the
New York State Office of the Medicaid Inspector General (OMIG) since 2013. In this role
she is responsible for providing support to other Divisions and Offices within the agency in
the form of legal advice, review and analysis, as well as conducting general and specific
legal research of issues relating to Medicaid. She advises staff on issues relating to the
application of Medicaid laws, rules and regulations and other laws, affecting OMIG’s
activities, operations and/or overall mission. She also works with staff on the pre-consent
process for the agency.
If you have any questions, please feel free to contact Ms. DeMers at 518-408-5845 or at
George M. Ding, Esq. Prosecution Division, Office of Professional Discipline NYS Education Department
George M. Ding, J.D., M.P.A., Director, Prosecution Division, Office of Professional Discipline,
NYS Education Department. In addition to managing and directing a statewide staff of 19
Prosecuting Attorneys, George is an adjunct Assistant Professor in the Law Department at
Baruch College, CUNY.
Jordan Fensterman, Esq. Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP
Jordan Fensterman is a Partner in the Litigation, Health Law, Corporate, and Entertainment
Law departments at Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf,
LLP.
Mr. Fensterman maintains a steady focus on his clients individualized needs. He prides
himself on being able to come up with unique and creative solutions for his clients. He
represents his clients zealously and with passion.
Mr. Fensterman’s clientele include various health care providers, large companies, and
substantial web based organizations. Mr. Fensterman represents physicians, dentists,
physician assistants, nurses, and many other individual health care professionals. Mr.
Fensterman also represents nursing homes and assisted living facilities. In addition to basic
legal representation, Mr. Fensterman provides counsel and guidance to his entertainment
clients.
Mr. Fensterman represents individual physicians, physician assistants, and specialist
assistants in licensure matters relating to Office of Professional Medical Conduct (“OPMC”)
investigations and actions. Mr. Fensterman frequently travels to all of the Department of
Health Metropolitan Area Regional Offices to represent clients in matters related to OPMC
investigations and actions. Mr. Fensterman also represents Dentists, Nurses, Pharmacists
and various other licensed professionals in Office of Professional Discipline (“OPD”)
investigations and actions.
Mr. Fensterman provides counsel on employment agreements for employers and
employees across a wide array of businesses. Mr. Fensterman works with individual
physicians and physician groups on all matters relating to employment and partnership
agreements. Mr. Fensterman also counsels his physician clients in relation to general
business disputes.
For his entertainment clients Mr. Fensterman negotiates endorsement deals,
merchandising agreements, film production agreements, copyright assignment
agreements, sponsorship deals, and recording agreements. Mr. Fensterman also provides
legal guidance relating to web sites and online reputation management.
Mr. Fensterman received his J.D. from Hofstra University School of Law, where he served as
the President of the Hofstra Health Law Society for a period of approximately two years.
Mr. Fensterman is a member of the New York State Bar Association and the Nassau County
Bar Association. Mr. Fensterman is active in the medical-legal, sports, entertainment and
media law, hospital and health law, commercial litigation, and intellectual property
committees of the Nassau County Bar Association.
Mr. Fensterman has been selected as a "Rising Star" in New York Health Care Law by
"Super Lawyers" since 2014. Each year, no more than 2.5% of the lawyers in the state are
selected by the research team at Super Lawyers to receive this honor.
Mr. Fensterman is admitted to practice law in the State of New York. Mr. Fensterman
maintains offices in New York City and Lake Success.
Amy T. Kulb, Esq. Jacobson Goldberg & Kulb LLP
Amy T. Kulb has been practicing health care law since 1980 and came to the firm after serving as a prosecutor for the New York State Office of Professional Discipline. Her practice is concentrated on the representation of health care professionals and pharmacies before the Office of Professional Discipline, the Office of Professional Medical Conduct, the New York State Office of Medicaid Inspector General and other state and federal regulatory and law enforcement agencies. Ms. Kulb lectures frequently to various professional organizations, including medical, dental and pharmacy, concerning matters related to professional practice. She attended Barnard College and the St. John's University School of [email protected].
Douglas M. Nadjari, Esq. Ruskin Moscou Faltischek, P.C.
Doug Nadjari is a partner at Ruskin Moscou Faltischek, PC. He is a member of the firm's
Health Law Regulatory and White-Collar Crime & Investigations and Cybersecurity Practice
Groups. Mr. Nadjari’s work primarily involves matters of physician discipline, medical staff
proceedings, third party payor disputes and the defense of health care professionals in
criminal, administrative and commercial disputes. Prior to joining the private sector, he
was a partner in a major New York City medical malpractice defense firm. Earlier in his
career, he served in the Homicide Bureau and as the Deputy Chief of the Investigations,
Felony Trial and Major Frauds Bureaus in the Brooklyn District Attorney’s Office where he
investigated and tried homicides, health care and other complex financial fraud cases.
If you have any questions, please feel free to contact Mr. Nadjari at 516-663-6536 or
Roy P. Nemerson, Esq. NYS Department of Health
NEW YORK STATE DEPARTMENT OF HEALTH, BUREAU OF PROFESSIONAL MEDICAL
CONDUCT
Deputy Counsel 1/90 to Present
Deputy Bureau Director responsible for managing downstate prosecutors' office, staff of 10
- 16 attorneys. Counsel to Office of Professional Medical Conduct.
Associate Counsel 3/86 to 1/90
Evaluated and prosecuted complex professional misconduct cases against physicians.
Provided supervision of Assistant Counsel work on complex cases. Carried out various
administrative duties delegated by Chief and Deputy Counsel.
Assistant Counsel 9/84 to 3/86
Evaluated and prosecuted professional misconduct cases against physicians.
N.Y.S. SUPREME COURT, APPELLATE DIVISION 1ST JUDICIAL DEPARTMENT
MENTAL HEALTH INFORMATION SERVICE
Staff Attorney 10/81 - 9/84
Provided legal representation for patients at state, city, and privately operated in-patient
psychiatric facilities.
UNIVERSITY OF MINNESOTA LAW SCHOOL - J.D., 1981
Kathleen M. Sweet, Esq. Gibson, McAskill & Crosby, LLP
Ms. Sweet is a graduate of Boston College where she was honored as the Big East
Conference Scholar Athlete of the Year and inducted into the University’s Hall of Fame. She
graduated from the Villanova University Law School and is admitted to practice in
Massachusetts and New York. Ms. Sweet is a member of the American Bar Association, the
New York State Bar Association, the Bar Association of Erie County and the Women’s Bar
Association of the State of New York. She was elected as President of the Bar Association of
Erie County and served from 2012 to 2013. In 2008, she received the M. Dolores Denman
Lady Justice Award for lifetime achievement from the Women’s Bar Association of the State
of New York. She served as the regional coordinator of JALBCA (Judges and Lawyers Breast
Cancer Alert) for over ten years and is a long time member of the Health Law Committee of
the Medical Society of the County of Erie. She is a fellow of the American College of Trial
Lawyers. She is AV rated by Martindale Hubbell and listed in Best Lawyers in America. In
2012 she was honored by Best Lawyers in America as Buffalo, New York’s Lawyer of the
Year in the area of medical malpractice defense.
Ms. Sweet has successfully defended numerous medical malpractice cases to verdict for
physicians and hospitals. A former confidential law assistant for the New York State
Supreme Court, Appellate Division, Fourth Department, Ms. Sweet handles several appeals
each year. She also represents and defends physicians and other healthcare professionals
subject to professional discipline at the institutional level and with respect to state agency
action against their license to practice. Ms. Sweet has served as an adjunct faculty member
at the State University of New York at Buffalo’s Law School and she is a certified mediator
for the United States District Court, Western District of New York. She is a regular guest
lecturer at the State University of New York at Buffalo Medical School and a faculty panelist
on ethics and civility for the New York State Bar Association.
David A. Zarett, Esq. Weiss Zarett Brofman Sonnenklar & Levy, P.C.
Mr. Zarett, a founding member of the Firm, leads our litigation and administrative
proceedings practice. Upon graduating cum laude from the University of Rochester in 1982,
Mr. Zarett attended the Benjamin N. Cardozo School of Law, where he was a Notes and
Comments Editor for the Cardozo Law Review. He also received the Jacob Burns Medal
after graduating first in his class with the highest academic average over three years. For
over 30 years, Mr. Zarett has focused his practice on the representation of healthcare
providers in state and federal courts, arbitration proceedings, and before numerous
administrative bodies. He handles all phases of state disciplinary (OPMC and OPD)
investigations and proceedings, medical staff privileging matters, resident physician and
fellow grievance matters, coordination with the Physician Health Program for New York
State the Committee for Physician Health.
Mr Zarett also routinely handles disputes involving practice dissolutions, restrictive
covenant matters, employment and partner buy-outs, insurance plan terminations and
managed care organization audits. Given the increasing prevalence of direct physician
employment by hospitals and health care systems, Mr. Zarett has expanded the scope of his
practice to employment law issues with particular relevance to the interplay of medical
staff privileging considerations. Mr. Zarett regularly represents physicians in matters
against academic and teaching hospitals and medical centers, and has handled several
cases involving federal antitrust law issues surrounding healthcare business arrangements.
Mr. Zarett also has extensive experience in representing physicians in transactional
matters such as practice acquisitions by hospitals and health systems, institutional
employment agreement negotiations, and structuring the business arrangements between
physicians and organizations such as hospitals and ambulatory surgery centers. Mr. Zarett
was recently appointed as an adjunct professor at Fordham Law School, where he teaches a
class in Healthcare law and policy. Mr. Zarett has been in the 2013, 2014 and 2015 Super
lawyers® New York Metro Edition, and has co-authored “Hospital Medical Staff
Membership and Privileges: Rules for Attending Physicians and Hospital-Employed
Physicians” in the Legal Manual for New York Physicians, a collaboration between the
Health Law Section of the New York State Bar Association and the Medical Society of the
State of New York.