lawsuit filed by a radiation oncologist whose exclusive contract was not renewed. The defendants' motion to dismiss was granted and affirmed on appeal, based in part on Katten's argument that the hospital's response to a third party's inquiry about the quality of plaintiff's services was a protected peer review communication and therefore not subject to discovery or admissibility into evidence. • Antitrust • • • Counsel to a hospital, department chair and senior management in a state antitrust lawsuit filed by three retinal surgeons whose request for medical staff membership and clinical privileges was denied based on the hospital's position that there was no demonstrated need for these specialists. The suit was dismissed based on the "rule of non-review" as well as the plaintiffs' failure to demonstrate injury to competition in the relevant geographic and product markets. Representation of clients in connection with claims alleging anti-competitive collaboration among health care providers in violation of the antitrust laws. Representation of one of the world's largest pharmaceutical companies in a pay-for-delay case. RICO • Representation of clients in claims against thirdparty administrators for alleged breach of contract, fraud and RICO violations. • Defense of clients in RICO and other claims arising in connection with the lease of health care provider networks. Employment • Provision of advice to clients regarding ERISA fiduciary duty claims and non-ERISA benefit claims. Representation of clients in physician employment actions, including covenants not to compete, wrongful termination and claims relating to Title VII, the Retaliatory Employment Discrimination Act (REDA), the Age Discrimination in Employment Act of 1967 (ADEA), the Family and Medical Leave Act (FMLA), the Office of Federal Contract Compliance Programs (OFCCP), the Worker Adjustment and Retraining Notification Act (WARN), the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), and the Health Insurance Portability and Accountability Act (HIPAA), among others. Dispute Resolution • Counsel to clients in connection with patent, trademark, copyright and other intellectual property matters arising in the health care industry. • Representation of clients in disputes among members of national health and dental benefits associations. • Advice to clients regarding disputes between provider networks and pharmaceutical suppliers. • Advocate for client in connection with the revocation of charitable property tax exemptions for health care entities. • Provision of guidance to clients in disputes relating to the denial of insurance benefits. • Counsel to client in connection with refusal by the government to adjust hospital cost reports to account for collective bargaining costs, incremental working capital interest expenses and pension costs. • Representation of clients in regulatory matters relating to health care facility expansion and construction projects. .