Kessenick Gamma & Free LLP

J. Maxwell Cooper


J. Maxwell Cooper


Max represents healthcare clients with a focus on litigation and dispute resolution.  He has litigated in state and federal trial courts through California, securing favorable outcomes for his clients.  Max has experience handling a broad range of matters, including contract disputes, reimbursement disputes, Medicare appeals and billing disputes, fair procedure and peer review, shareholder and partnership disputes, disputes over non-competition agreements and physician buy-outs, labor and employment disputes, healthcare whistleblower actions, and antitrust disputes. 

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.  Making new law in the area, the court found the hospital violated physician’s right to fair procedure and restored his membership on the 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 was reasonable value for the services provided, and secured a favorable settlement of the related 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 was selected as a 2017 Super Lawyer, Rising Star in Northern California.  He is a member of the California Society for Healthcare Attorneys and has presented at its annual seminar.  He 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.  Before joining KGF, Max practiced law as an associate in the New York and San Francisco offices of Kirkland & Ellis LLP.

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.