Overview
"The only constant in the healthcare industry is change. Healthcare clients need an advisor who understands the challenges specific to the industry and an advocate who delivers creative solutions for today’s legal and regulatory issues."
Emily offers pragmatic, results-oriented guidance and advice on a wide spectrum of legal disputes and challenges within the highly regulated healthcare industry.
High-Stakes Litigation
Emily’s extensive experience in the healthcare industry and her confidence in the courtroom have solidified her position as trusted resource for high-stakes healthcare and commercial litigation. She has played a pivotal role in high-profile matters within the Commonwealth, including serving as lead trial counsel for the Attorney General of Virginia in a case challenging the constitutionality of the Commonwealth’s health care statutes and regulations.
Emily regularly assists trust and estate clients in will contests and various aspects of estate litigation.
In 2022, Emily successfully tried a three-month jury trial that resulted in a $20 million verdict for her client in Fairfax Circuit Court.
In 2023, Emily served as local counsel in a two-week federal jury trial in the “Rocket Docket” of the Eastern District of Virginia, successfully defending breach of contract claims and securing a win on each of her client’s counter-claims.
Presently, she serves as local counsel for a national pharmacy benefits manager in ongoing litigation related to prescription opioid medications.
Counseling Practice
As part of her counseling practice, Emily advises hospitals, health systems, and licensed health professionals concerning contracts and contract disputes, business torts, employment matters, and regulatory compliance. She has business and legal experience in the many issues affecting these clients, including tax appeals, Stark and anti-kickback regulations governing physician-hospital arrangements, and Title IX compliance for healthcare educational institutions. In addition, Emily regularly enforces physician recruiting agreements and represents providers in business tort actions such as defamation, conspiracy, and fraud.
Trusts & Estates
Emily assists individuals and families with trust and estate litigation. She addresses a wide range of issues including will contests, breach of fiduciary duty actions, guardianship issues, liability claims, estate and trust administration disputes, and more. Emily understands the emotional nature of these disputes and provides hard-hitting advocacy as well as discretion and respect for our clients’ privacy in these most sensitive matters.
Recognition
Named among the “Most Influential Women in Virginia,” Virginia Lawyers Weekly, 2024
Best Lawyers in America® for Litigation – Health Care, 2025
Best Lawyers in America® for Commercial Litigation, 2024 - 2025
Chambers USA, Litigation: General Commercial, 2021-2024
Virginia Super Lawyers, Civil Litigation: Defense, 2018 - 2022
Virginia Super Lawyers, Healthcare, 2017
Named to “Legal Elite” (Health Law), Virginia Business, 2016 - 2022, 2024
Virginia Super Lawyers “Rising Star,” Business Litigation and Employment, 2009, 2013, and 2015
Experience
Experience
Represented the Commonwealth of Virginia in a constitutional challenge to Virginia’s health care statutes and regulations.
Assisted a national pharmacy benefit manager client in multiple cases filed in Virginia’s circuit courts.
Enforced physician recruiting agreements and physician-hospital leases in compliance with Stark and the Anti-Kickback Statute.
Secured a favorable ruling from Virginia’s Tax Commissioner for health system client seeking tax exemption for business personal property in provider-based clinics.
Assisted a professional school with Title IV, Title IX, and FERPA requirements.
Provided regulatory guidance for joint ventures between physician practice groups and hospitals.
Defended providers in human rights investigation and appeal.
Advised practitioners in DHP investigations.
Challenged and defended provider covenants not to compete, wrongful termination claims, and discrimination claims based on Title VII, Title IX, ADA, ADEA, and FMLA.
Represented medical staff and physicians in peer review investigations, hearings, and appeals.
Coordinated wind-down of practices for retiring licensed professionals.
Advised healthcare providers in vendor / supplier contract and managed care disputes.
Assisted estate clients with will challenges and administration.
Served as lead counsel in complex business tort litigation involving multiple interrelated business entities in ‘bet-the-company’ jury trial.
Perspectives
News
Speaking Engagements
Publications
Community
Beyond the Law
Beyond the Law
Emily is a recovering Latin teacher. After attending the University of North Carolina at Chapel Hill (Go Heels), she earned her Master’s Degree in Classics at the University of Texas at Austin.
Following an obligatory stint in food service, Emily taught high school Latin for six years. She reminds those questioning the utility of a dead language that her knowledge of Latin scored her several research assistant jobs in law school translating 17th century land grants. It also makes her fun at cocktail parties.
Emily devotes considerable energy to UNC basketball and has decorated her office with Carolina’s NCAA championship banners, much to the chagrin of her UVA-educated coworkers.
Services
Education
University of Richmond School of Law, J.D.
- Walter Scott McNeill Law Society
- Moot Court
- Journal of Law and Technology
University of Texas at Austin, M.A., Classics
University of North Carolina at Chapel Hill, B.A., History
Admissions
- Virginia
- United States District Court, Eastern and Western Districts of Virginia
- United States Bankruptcy Court, Eastern and Western Districts of Virginia
- U.S. Court of Appeals - Fourth Circuit
AchievementVirginia Business Legal Elite Recognizes Hirschler Attorneys
AchievementHirschler Increases Best Lawyers in America Recognitions to 47 Attorneys, Two Honored as “Lawyers of the Year” and Eight as “Ones to Watch”
Achievement19 Hirschler Attorneys and 5 Practice Areas Recognized in 2024 Chambers USA Rankings