Biography
Mr. Neil Harkin Ekblom is an “AV” rated Healthcare attorney. He provides solutions to a variety of business and healthcare entities, including hospitals and physician practices, in transactional, regulatory and litigation matters. Mr. Ekblom assists hospital in-house counsel and management by drafting legally compliant documents in a variety of healthcare related transactions. An accomplished trial lawyer, he litigates to enforce contracts in state and federal courts and arbitrations. A former prosecutor, Mr. Ekblom defends healthcare clients in professional liability. He specializes in defending ophthalmologists and other surgical specialties in malpractice suits. He has obtained 45 defense verdicts in his last 52 trials, saving clients over $70 million. He has tried over a 100 cases since 1986 in venues throughout New York and New Jersey. He also represents physicians before the OPMC in disciplinary matters and advises hospitals in due process hearings. Mr. Ekblom, his wife Frances, and their two children, Neil, Jr. and Margaret, reside in Bergen County, New Jersey and volunteer in educational and hospital related activities in New York and New Jersey.
Representative Healthcare Transactions
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Represented internist in merger of practice with 30-member group. Drafted memorandum of exchange, office lease, adoption agreements for operating agreement and employment agreement, and analyzed transaction and provisions for compliance with the Stark Law, Anti-Kickback Statute, and New York State Statutes.
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Drafted Physicians' Employment Agreements for large multi-office physician practice in New York City. Agreements contain tailored provisions for compensation and restrictive covenants.
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Review employment agreements for residents and fellows exiting Medical Center programs.
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Drafted informed consent forms for use in physicians' offices for compliance with State statutes.
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Represented numerous physicians in communications with OPMC and represented five physicians before hearings.
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Drafted employment agreements for physician billing company located in New Jersey.
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Reviewed and re-drafted contracts with large children's hospital and billing company.
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Represented non-profit physicians' group by obtaining immunity from civil suits in return for providing medical treatment in the West Indies.
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Formed PLLC's and PLLP's for private physicians. Drafted operating agreements and employment agreements.
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Reviewed and negotiated numerous employment agreements for physicians joining practices in New York, New Jersey, and Maryland.
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Represented hospital in physician Due Process Quality of Care Hearings.
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Represented foreign distributor in arbitration over distribution of medical equipment.
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Provided guidance to hospital and several physicians regarding fraud and abuse regulatory issues for transactions.
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Represented hospitals in responding to federal subpoena in fraud and abuse investigations.
Recent Speaking Engagements
- Federation of Defense and Corporate Counsel (FDCC), Current Topics in Life, Health, and Disability/Healthcare Practices, Williamsburg, Virginia, July 27, 2011.
- LeClairRyan In-House CLE Seminar, The Next Salvo Against Healthcare Fraud and Abuse: The Patient Protection and Affordable Care Act (ACA) of 2010, September 6, 2011.
- The Commerce and Industry Association of New Jersey (CIANJ) Healthcare Roundtable: Healthcare Exchanges: Where New Jersey Stands, Holy Name Hospital, Teaneck, New Jersey, December 6, 2011.
Presentations
- Mock Trial Presentations for New York City Health and Hospitals Corporation nurses and residents, How to Avoid Medical Malpractice Litigation, Winter, 1993.
- Medical Malpractice Theory and Trends in Ophthalmology Malpractice to residents at Montefiore Medical Center, November 14, 1994, May 11, 1998, November 6, 1998, January 31, 2000, January 15, 2001.
- Litigation Avoidance and Handling Complications, Ophthalmology Department, Montefiore Medical Center, May 20, 2005.
- From Complications to Malpractice: Litigation Avoidance for Ophthalmologists, New York Ophthalmological Society, Union Club, December 12, 2005.
- From Complications to Malpractice: Litigation Avoidance for Dentists/Oral Surgeons, October 12, 2006.
- Litigation Avoidance for Oral Surgeons, Oral and Maxillofacial Surgical Department, Montefiore Medical Center, October 12, 2006.
- Ophthalmology in Litigation, FOJP Service Corporation, November 21, 2008.
- From Complications to Malpractice: Litigation Avoidance for Ophthalmologists, Montefiore Ophthalmology Department, November 8, 2010.
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Articles
- Defending Ophthalmology Malpractice Suits: Why Similar Type Cases Comes In Waves, Ophthalmology Management, December, 2010
- Informed Consent Makes A Difference In LASIK Litigation, Ophthalmology Times, October 14, 2004
- Slipping Towards Litigation: Mistakes Physicians Make When Complications Develop, Focus, No. 2, Page 3, 1998.
Reported Cases
- Stewart v. ___, 6 A.D. 3rd 506, 889 N.Y.S. 2d 449, 2009, WL 4672168, 2009, N.Y Slip Op. 09156, N.Y.A.D. 1 Dept. December 10, 2009 (NO. 111381/05, 1729).
- Brown v. ___, 66 A.D.3d 422, 886 N.Y.S.2d 392, 2009 WL 3172150, 2009 N.Y. Slip Op. 07156, N.Y.A.D. 1 Dept., October 6, 2009 (NO. 1115, 105230/02).
- Lipschitz v. ___, 65 A.D.3d 573, 884 N.Y.S.2d 442, 2009 WL 2449258, 2009 N.Y. Slip Op. 06167, N.Y.A.D. 2 Dept., August 11, 2009 (NO. 2006-03585, 2008-05342, 47446/98).
- Carmona v. ___, 22 Misc.3d 1138(A), 880 N.Y.S.2d 871, 2009 WL 782565, 2009 N.Y. Slip Op. 50505(U), Unreported Disposition, N.Y. Sup., March 23, 2009 (NO. 25879-2003).
- Peniston v. ___, 10 A.D.3d 450, 780 N.Y.S.2d 916, 2004, N.Y. Slip Op. 06422, N.Y.A.D. 2 Dept., August 23, 2004 (NO. 2003-08461, 7359/03
- People v. ___, 147 Misc.2d 672, 558 N.Y.S.2d 800, 1990 WL 101962, N.Y. Sup., June 6, 1990 (NO. 1646, 2772/89).
Legal Experience
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Partner, LeClairRyan, New York, New York
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Partner, Clausen Miller, New York, New York
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Partner, Atkins, Ekblom, Guararo LLP, New York, New York
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Partner, Ekblom & Ekblom LLC, New York, New York
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Partner, Gordon & Silber PC, New York, New York
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Associate, Bower & Gardner, New York, New York
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Assistant District Attorney
Memberships and Affiliations
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American Health Lawyers Association
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Federation of Defense and Corporate Counsel: Category One Member
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New York State Bar Association
Distinctions
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"A.V." rated by Martindale-Hubbell
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Listed in the Corporate Counsel edition of Super Lawyers in the area of Civil Litigation Defense, 2010
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Recognized as a New York Super Lawyer by Law & Politics Magazine, 2007-2010
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Education
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J.D., Georgetown University Law Center, 1985
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B.A., Hobart College, 1981
Bar Admissions
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New York, 1986
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New Jersey, 1986
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Florida, 1990
Court Admissions
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U.S. District Court for the Federal District of New Jersey, 1986
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U.S. District Court for the Southern District of New York, 1995
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