Kessenick Gamma & Free LLP

J. Maxwell Cooper

Attorneys

J. Maxwell Cooper

Partner

Max Cooper represents entities and individuals in the healthcare industry with a focus on litigation and dispute resolution.  He has represented healthcare clients in contract disputes, payer-provider reimbursement disputes, Medicare appeals and billing disputes, disputes over non-competition agreements and physician buy-outs, employment disputes, and healthcare whistleblower actions. 

Recent representative experience includes:

  • Lead counsel for physician in litigation alleging whistleblower retaliation and seeking to restore privilege to participate on a San Francisco hospital’s teaching service.  Despite no direct legal precedent, court found hospital violated physician’s right to fair procedure and restored membership on teaching service.  Read the decision.
  • Represented IPA in Central Valley, AllCare, in litigation and arbitration brought by out-of-network emergency physician groups alleging routine underpayments.  Obtained arbitration award finding that AllCare’s rate of payment at 120% of the Medicare Fee-For-Service rate was reasonable value for the services provided; secured settlement of lawsuit.
  • Lead counsel for physician shareholder in dispute with surgery center over reduced buyout price due to allegations of competition, securing a favorable settlement.
  • Represented physician in wage dispute with former medical group that claimed accounts receivable were not owed due to competition, securing a favorable settlement.
  • Representing medical group in dispute with Accountable Care Organization (ACO) and Medicare appeal regarding Medicare penalty triggered by ACO’s failure to properly report PQRS data on behalf of medical group.

Max received his J.D. from Columbia Law School in 2010, where he was a Harlan Fiske Stone Scholar, and his B.A., with honors, from Washington University in St. Louis in 2006.  Before joining KGF, Max practiced law as an associate for five years in the New York and San Francisco offices of Kirkland & Ellis LLP, an international law firm.

Max is admitted to the bar in both California and New York. He is admitted to practice in California, New York, and the U.S. Districts Courts for the Northern District of California, Eastern District of California, and Southern District of New York.