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Overview

"When preparing a case, clients are often looking for a captain of the ship: someone to navigate the challenges and steer them in the right direction. That’s the role I like to play."

When advising on healthcare, real estate and commercial disputes, John remains focused on each client’s desired outcome.  His substantive legal knowledge, experience and strategic planning skills are complemented by a strong commitment to managing legal matters efficiently and collaboratively.

John’s practice focuses primarily on healthcare and real estate disputes. He has extensive experience in state and federal courts, administrative proceedings and mediations/arbitrations.  He also regularly serves as a hearing officer in physician/hospital Fair Hearings and teaches advanced trial practice as an adjunct professor of law. 

Prior to joining the firm, John served as a staff judicial law clerk for the Supreme Court of Virginia.

Healthcare

John routinely represents hospitals and health systems, advising various committees, hospital staff and MECs/governing boards on:

  • Peer review, credentialing, and bylaw compliance;
  • Fair Hearings/administrative proceedings pertaining to physician privileges/employment disputes;
  • Compliance reviews/audits, regulatory appeals and related litigation;
  • DMAS audits/administrative hearings; and
  • HIPAA compliance, NPDB requirements, contracts/business associate agreements and contract disputes, and a variety of risk management issues including OSHA.

John’s Fair Hearing experience includes serving as counsel to various hospitals and their MECs, serving as counsel to the Fair Hearing Panel and serving as a Hearing Officer.  He has served as a Hearing Officer in many cases around the country is also on the American Health Lawyers Association panel of neutrals as both a mediator and hearing officer.

In addition to hospitals and health systems, John represents medical and dental practices, physicians, dentists and other healthcare professionals on a wide variety of matters, including medical/dental office operations, HIPAA compliance, contracts  and contract/employment disputes. 

He also represents physicians, dentists and other healthcare professionals in licensure and related administrative proceedings before various regulatory Boards, and manufacturers in the healthcare field in various types of product liability litigation. 

Real Estate

John’s real estate practice focuses upon a variety of leasing and related matters, representing regional and national shopping center/mall owners/developers and REITs, hospitals and health systems, long-term care facilities and national owners/developers of multi-family housing.  With his extensive knowledge of the laws pertaining to landlord-tenant relationships, Stark and Anti-Kickback, creditor rights and bankruptcy, he is called upon to handle a variety of litigation matters and to assist in the development of non-litigation dispute resolution strategies. 

John has served Hirschler in many leadership positions, including member of the board of directors, litigation section vice chair, healthcare practice chair and co-chair, firm hiring officer and firm recruiting chair.  From 1997 to 2017, he served as an adjunct professor for trial practice and lawyering skills at the University of Richmond School of Law.

Recognition

Named “Richmond Lawyer of the Year,” Litigation – Real Estate, The Best Lawyers in America, Woodward/White, Inc., 2018

Selected for inclusion in The Best Lawyers in America, Litigation–Real Estate, Woodward/White, Inc., 2011-2018

Profiled in field of Health Law by Virginia Business magazine, “Legal Elite,” December 2015

Named among the “Legal Elite,” (Healthcare, Litigation and ADR), Virginia Business magazine, 2006-2018

Selected for inclusion as a “Super Lawyer,” Business Litigation and Healthcare, Virginia Super Lawyers, Thomson Reuters, 2006, 2011-2017

AV Peer Review Rated, Martindale-Hubbell

  • 2019 "Best Law Firms" Badge Artwork
  • Virginia Legal Elite

Experience

Experience

Healthcare Litigation/Regulatory Matters

Representation of various hospitals and health systems in Fair Hearings and related administrative/litigation matters. 

Serving as a Hearing Officer and counsel to the Hearing Panel in Fair Hearings.  John has served as Hearing Officer/counsel to the Hearing Panel on a large number of cases throughout the country.

Counsel to hospital executive staff and committees on a variety of operational, management, and physician privilege/employment issues.  Examples include:

  • Addressing issues arising during the credentialing process.
  • Handling matters arising following precautionary and other physician suspensions/investigations.
  • Preparing behavioral contracts relative to disruptive physicians.
  • Providing guidance as to bylaw compliance, NPDB reporting requirements, HIPAA compliance, responses to medical records subpoenas, physician contracting, and resolving physician disputes/employment issues.

Representation of hospitals, health systems and other healthcare providers and physician groups in internal investigations, compliance audits and related appeals/litigation.  In one particular case, a challenge to the particular audit methodology employed by the governmental agency resulted in the withdrawal of a multimillion dollar assessment.

Representation of physicians, dentists and other healthcare providers in licensure hearings before the various State licensure boards.  In one recent case, in particular, John’s defense of many charges encompassing 16 pages of allegations resulted in a complete dismissal of all charges. 

Real Estate/Landlord/Tenant Matters

Representation of regional and national mall and shopping center developers and owners in various matters, including disputes involving easement/REA issues, hundreds of tenant disputes, including evictions and occupancy-related issues, and slip and fall and other premises liability issues.  In one particular suit arising out of a tenant’s default and a subsequent suit filed by the tenant challenging the shopping center owner’s sale of tenant’s restaurant furniture and equipment, a jury returned a verdict in favor of John’s shopping center client after only 10 minutes of deliberation. 

Representation of national apartment owners and developers in hundreds of tenant disputes, including evictions and other occupancy-related issues, as well as slip and fall cases.

Representation of hospitals, health systems and long-term care facilities in real estate/tenant litigation.

Representation of a locality following its decision to deny a particular subdivision request.  The locality’s decision was upheld following a six-month long trial.

Product Liability

Representation of manufacturers in various types of product liability litigation including prosthetic devices, asbestos, seat belts, swimming pools and food.  Many of these cases arose in various federal courts and concluded with favorable summary judgment dismissals.

Perspectives

News

Speaking Engagements

  • Webcast, 10.31.2018
  • Ethical Conundrums for Counsel Advising on Compliance Reviews and Voluntary Disclosures - Who and What Must Be Reported and How - February 2017 and 2018
    02.07.2018
  • Virginia Landlord and Tenant Law Update, Lorman Education Services live webinar
    01.18.2018
  • Virginia Landlord-Tenant Disputes:  The Intersection of the Lease, the Laws and the Landlord-Tenant Relationship, Lawline.com live webinar
    09.25.2017
  • John Ivins Gives Lawline.com Webinar on Virginia Medical Records Law:  Navigating the Complex Web of Privacy and Access Laws
    09.25.2017
  • Orlando, FL, 02.01.2017
  • Virginia Landlord and Tenant Law Update, Lorman Education Webinar
    10.26.2016
  • Landlord and Tenant Law:  Essential Issues
    09.28.2016
  • Evictions:  Excuses and Traps When Things Go Bad, Sterling Education Seminar
    09.08.2016
  • Residential and Commercial Landlord-Tenant Law in Virginia:  From Default to Eviction
    09.10.2015
  • Special Issues for Landlords, Residential Landlord-Tenant Law in Virginia
    12.05.2014
  • Landlord and Tenant's Rights, Evictions and Landlord Tenant Bankruptcy Issues
    09.11.2014
  • Ivins Speaks on HIPAA Compliance, Medical Records Law in Virginia, Lorman Education Seminar
    06.04.2014
  • Access to, Retention and Destruction of Medical Records and Responding to Subpoenas, Medical Records Law in Virginia, Lorman Education Seminar
    04.29.2014
  • HIPAA Compliance in Light of HITECH and the Omnibus Final Rule, Lorman Education Seminar
    06.04.2013
  • HIPAA Compliance and the HITECH Act, Medical Records Law in Virginia, Lorman Education Seminar
    04.18.2013
  • John Ivins Moderates Seminar and Speaks regarding Commercial Landlord-Tenant Law and Bankruptcy Issues Affecting the Landlord-Tenant Relationship
    02.12.2013

Publications

Community

Community

Professional Affiliations

American Bar Association (Member, Health Law; TIPS, Products, General Liability and Consumer Law Committees) (Member, Interest Groups on Healthcare Facility Operations, Healthcare Litigation and Risk Management and Physician Issues)

American Health Lawyers Association (Member, Practice Groups: Hospital and Health Systems; Medical Staff, Credentialing and Peer Review and Health Care Liability and Litigation)

Virginia State Bar

Virginia Bar Association (Member, Civil Litigation and Health Law Sections; Past Member, Young Lawyers Executive Committee)

Business and Civic Organizations

John is active in serving on a variety of Boards which address the needs of children and adults in the community in various ways.  John’s service includes :

Goodwill of Central and Coastal Virginia, Advisory Board, 2018

CrossOver Healthcare Ministry, Board of Directors, Governance Committee Chair, 2016-present

Chippenham-Johnston Willis Hospitals, Patient Advisory Council, 2011-2015

Science Museum of Virginia Foundation, Board of Directors and Past President, 2000-2010

Make-A-Wish Foundation of Central and Western Virginia, Past Board Member

Fellowship of Christian Athletes, Capital Region, Past Board Member

In addition, John is a former board member of Leadership Metro Richmond (2005-2011), his law school association at the University of Richmond Law and the Richmond Bar Association.

Beyond the Law

Beyond the Law

John is very involved as a worship leader/musician at Passion Community Church, a multi-site church with 5 campuses throughout Virginia.  He leads worship as a guitar player and singer most Sundays at the main Powhatan, Va. campus, but also leads at other campuses as well. 

Related to this, John founded and leads a Christian rock band and regularly travels internationally.  Since 2004, John has been involved in leading worship and in international missions throughout Europe and the United Kingdom, South Africa, Zimbabwe, Nepal, India, Bangladesh, Thailand and China.

     

Hearing Officer

Hearing Officer

One particularly unique aspect of John’s practice is his service as a Hearing Officer in hospital Fair Hearings.  John is uniquely suited for this, having served as counsel for various parties involved in Fair Hearings.  In serving as a Hearing Officer, he brings his past experience, his knowledge of the laws which govern such proceedings and his understanding of the needs of the parties and the overall purpose of the process.  John has been engaged to serve in this capacity for many years and in a variety of settings around the country. 

University of Richmond School of Law, J.D.

  • Moot Court
  • Law Review

Virginia Tech, B.A., Mass Communications

  • Virginia
  • United States District Courts (E.D. Va.; W.D. Va.)
  • United States Bankruptcy Court (E.D. Va.)
  • United States Court of Appeals (4th Circuit)
  • United States Supreme Court
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