Eric W. Cheung

Of Counsel

Overview

Eric Cheung concentrates his practice on solving problems for hospitals, medical groups, physicians, and businesses that support them, on a wide variety of matters. Eric’s background is unique. Experienced in both the transactional and litigation sides of the law, his thoughtful perspective gives him a creative edge in structuring, negotiating, and consummating complex deals and intractable disputes.

Eric’s practice revolves around mergers, acquisitions, restructurings, and affiliations in the health care industry. Clients particularly value his judgment on the purchase and sale of hospitals and physician practices, structuring management services arrangements, and developing clinically integrated networks and physician alignment models. Of course, Eric also is intimately familiar with federal and state regulatory compliance issues concerning anti-kickback statutes, self-referral laws, coding and billing practices, and HIPAA laws.

Eric’s approach to solving problems is pragmatic. He understands that legal strategies must arise from business objectives. Also, with a background in biology, he maintains a deep and abiding intellectual and legal interest in biotechnology including stem cell, immunology, transplant, and communicable disease issues that have the potential to alter, and even transform, the nature of health care and the delivery and payment systems.

Representative Matters

  • Developed a nationally distinguished academic medical center between a premier health system and a leading medical school
  • Coordinated and affiliated an acute care hospital with a nationally recognized comprehensive cancer center to create an outpatient cancer treatment center
  • Purchase and sale of a non-profit community hospital by a for-profit hospital system
  • Structured management services arrangements between clinical providers and management services organization with private equity and venture capital backed investment
  • Purchase and sale of medical group practices including those related to real property
  • Compensation arrangements including physician recruiting, director, on-call coverage, service-line, and co-management agreements
  • Stark law and anti-kickback statute regulatory compliance, and in particular, structuring and advising on physician compensation
  • Leasing medical office space and equipment
  • Outside general counsel services for institutional providers on operational issues and board governance
  • Advising hospital-based physician practices, including radiology and emergency medicine
  • Medical billing and collections
  • Hospital investigations including those pertaining to medical staff
  • Represented providers in audits and investigations by the Department of Health Care Services and other regulatory agencies
  • Contractual disputes arising from services arrangements
  • Licensed and non-licensed clinics in connection with establishing clinically integrated network
  • Leasehold disputes for landlords and tenants related to possession and damages
  • Intellectual property including misappropriation of trade secrets and trade mark infringement

*Certain representations undertaken prior to joining Foley & Lardner LLP

Education

Eric earned his law degree from the University of Southern California Law School, Los Angeles, California. He received his B.A. in integrative biology from the University of California, Berkeley, California.

Affiliations

  • Los Angeles County Bar Association, Executive Committee
  • American Health Lawyers Association
  • California Society for Healthcare Attorneys
  • American Bar Association
  • University of Southern California Law School, Southern California Interdisciplinary Law Journal
  • University of Southern California Law School, Judicial Extern for the Honorable Alan M. Ahart

Selected Publications and Presentations

  • Presenter, “Stark Law Basics,” Foley Institute (January 7, 2019)
  • Author, “CMS Proposes to Ever-So-Slightly Expand Stark Law Exceptions for Compensation Arrangements,” Health Care Law Today (August 2, 2018)
  • Quoted, "What Attorneys Need to Know About Trump's Opioid Policies," Law 360 (August 9, 2017)
  • Presenter, “Compliance Implications of New Payment Methodologies,” Western Regional Compliance Certification Intensive Course with Health Ethics Trust at Sharp Healthcare (August 1, 2017)
  • Quoted, "GOP Senators, Governors, Rethinking American Healthcare Act," Healthcare Finance News (May 17, 2017)
  • Quoted, “Affordable Healthcare Keeps Getting Pricier,” San Fernando Valley Business Journal (November 28, 2016)

Admissions and Professional Memberships

Eric is admitted to practice law in California and before the U.S. District Court for the Central District of California and the Northern District of California.

Capabilities

Insights