Overview

J. Mark Waxman is a partner and business lawyer with Foley & Lardner LLP, where he is former chair of the Health Care Industry Team, and a member of the Government Enforcement Defense & Investigations and Antitrust Practices.

He has previously chaired the firm’s mid-Atlantic and eastern United States health law practice. Prior to joining Foley, he chaired the litigation practice of Weissburg & Aronson, Inc, and served on its board. He has served an Assistant United States Attorney for the Central District of California, and began his career as an associate general counsel of Wells Fargo Realty Advisors, an REIT.

Business

His business experience includes a broad spectrum of transactional experience, including multi-state mergers and acquisitions, management agreements, employment arrangements, joint ventures, and significant nonprofit/for profit entity collaborative transactions and conversions. He created the Louisiana Children’s Medical Center health care system, and has been central in two major turnaround efforts, initially as the president and general counsel of the CareGroup Health Care System, and more recently as the transaction counsel and, thereafter as the general counsel in the creation of California’s Verity Health Care System. He has also served as general counsel or special counsel to numerous trade associations, including the California Association of Health Facilities, the Federation of American Hospitals, the Association of Clinical Research Professionals, and the Synthetic Biology Trade Association. He has been a board member, and then chairman of the board of the Picker Institute, and served as a board member of CRICO. While at CareGroup, Mark has served as a board member of the CRICO Captive Insurance carrier, serving on its Underwriting and Intellectual Property Committees. Mark is a former board member of MedVentive, a managed care data and contract management company. He has served as a mentor with the MIT Venture Mentoring Service, mentoring startups in the health care and technology area.

He has also initiated and managed two in-house legal departments.

Litigation

Following his service as an Assistant United States Attorney in Los Angeles, California, Mark has engaged in sophisticated litigation involving jury and non-jury trials and extended arbitration proceedings. These matters have involved complex commercial matters, class actions, regulatory based claims, antitrust, unfair competition, biotech, health care and technology matters in state and federal trial and appellate courts. Mark has argued before the United States Supreme Court. He has also resolved significant civil and criminal investigations in a number of states around the country.

Professional Memberships

Mark has served as the chairman of the ABA Health Law Section Medical Research, Technology and Ethics Subcommittee. He has been a member of the American Hospital Association's Task Force on Antitrust and Business Coalitions and of the board of directors of the American Health Lawyers Association. Additionally, Mark is a member of the BNA Health Law Reporter Advisory Board, BNA Medical Research Law & Policy Reporter Advisory Board, IRB Advisor Editorial Board, the American Health Lawyers Association, and the Healthcare Financial Management Association, serving as chairman of the Massachusetts Chapter Research and Education Committee.

Community Engagement

Mark is a founding member of the UCSD Rady School of Business Mentoring Initiative.

Recognition

Mark has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system. Chambers, a company based in London that reviews and rates American lawyers and publishes its ratings for European and American businesses, rated Mark to be one of the top health care attorneys in the state of Massachusetts, and described him as "extremely impressive, smart and well prepared, with an ability to quickly understand the real challenges." (Chambers USA 2007-2017). He was also selected for inclusion in the 2006 – 2016 Massachusetts Super Lawyers® lists. Only 5% of the lawyers in the state were selected. In 2005, Mark was recognized as a Finalist, Entrepreneur of the Year, by Ernst & Young for the New England Region. In addition, he has been selected by his peers for inclusion in The Best Lawyers in America© since 2010 in the field of health care.

Publications

Mark writes and lectures extensively on a variety of health care issues, including health system affiliations and system governance, plan provider relations, health reform and its implications, medical research and technology, compliance, managed care, antitrust issues, and health care fraud and abuse. He recently authored “For-Profit PACE Programs: Harbinger of the Future?” (Bloomberg BNA Health Law Reporter, July 2015) and “Integrating to Enhance Value and Quality vs. Preserving Competition to Maintain Lower Prices,” (CPI Antitrust Chronicle, September 2014) and co-authored “At Last, Some Judicial Guidance in Health Care Mergers” (Bloomberg BNA Health Law Reporter, October 2012). In 2013, he was quoted in “Mergers and Acquisitions: State Law Conferring Antitrust Immunity Seen Following Phoebe Putney Blueprint,” (Bloomberg BNA Health Law Reporter, November 4, 2013).

Education

Mark is a graduate of Boalt Hall School of Law, University of California, Berkeley (J.D., 1973), where he was articles and book review editor of the Ecology Law Quarterly and the University of California, San Diego (B.A., summa cum laude, 1970).

Admissions

He was admitted to the California Bar in 1973, the Massachusetts Bar in 2001, and is admitted to practice before the United States District Court, Central, Southern, Eastern and Northern Districts of California, the United States Court of Appeals, Eighth and Ninth Circuits, the United States Claims Court and the United States Supreme Court.

Representative Matters

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Foley represented a sizable health care system in its consolidation with another sizable health care system to create one of the nation's largest Catholic health systems, serving patients and communities in 21 states.
Foley represented a prominent hospital in Washington, D.C. in an underpayment arbitration with health insurer, involving whether hospital charges were properly consider “routine" or “ancillary,” and how they could properly be billed for under the parties' contract.
Represented a private equity fund in its acquisition of The Center for Wound Healing and related debt and equity financing.