Ohio Rising Stars

The Sixth Circuit Appellate Blog

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Emily E. Root

Senior Associate

Emily Root focuses her practice on commercial litigation matters and advising healthcare clients on regulatory and litigation risks. She has represented clients in state and federal courts, as well as in international arbitrations. Emily is experienced in product liability matters, trade secrets law, unfair competition and other business torts, business contract actions, insurance litigation and alternative dispute resolution. She is recognized in Ohio Super Lawyers – Rising Stars, a distinction that recognizes lawyers under the age of 40 or those in practice for 10 years or less.

Emily has experience representing healthcare providers and insurers in relation to a wide variety of issues such as investigating and reimbursing overpayments received from government and private payors, assessing hospital-physician contracts and other arrangements for Stark law, Anti-Kickback Statute and other regulatory risks, and engaging in litigation over unfair competition, rate disputes, exclusive arrangement and joint ventures.

Emily has also represented beer and wine wholesalers in franchise disputes with various manufacturers. Her work in this area includes both negotiating and litigating to maintain franchise distribution rights guaranteed by franchise agreements and the Ohio Alcoholic Beverage Franchise Act.

Emily also advocates for entities involved in construction disputes including lenders, owners and contractors. She practices in front of the Board of Revision and Board of Tax Appeals on behalf of property owners and developers for revisions of property values for tax purposes, as well as before state and federal courts in cases involving a variety of landlord-tenant issues.

In addition, Emily is a member of the Squire Sanders eDiscovery & Data Management Team, which serves as a resource for lawyers and clients in matters involving the presentation, discovery and use of electronic documents including email, social media such as Facebook, Twitter, and LinkedIn, websites and electronic data files.

Representative Experience

  • Evaluating the regulatory compliance risks for a large health system in relation to its physician contracts.
  • Drafting opinion letters analyzing hospital-physician relationships under the Stark Law, Anti-Kickback Statute and state law.
  • Assisting healthcare providers with assessing potential overpayment situations and making necessary government disclosures.
  • Advocating before the Physician Reimbursement Review Board in relation to denied cost report payments.
  • Representing a pharmacy management and consulting subsidiary of a Fortune 100 company in trade secret, breach of fiduciary duty and noncompetition litigation with former officers.
  • Obtaining a favorable resolution of a contract action on behalf of an insurance organization for recovery of amounts due under its policies.
  • Successfully defending franchise distribution rights for beer and wine wholesalers, including three cases decided by the Sixth Circuit Court of Appeals
  • Obtaining dismissal of claims made against a credit union by former officers and directors, including reversal of a multimillion-dollar judgment against it.

Presentations
  • Panelist, “What Keeps You Up at Night: My Data’s Been Stolen, Now What?,” Squire Sanders – Columbus (September 2013).
  • Panelist, “What Keeps You Up at Night: Proper Recordkeeping in a Heightened Enforcement Environment,” Squire Sanders – Columbus (April 2013).
  • Presenter, “Applying the Rules of Evidence: What Every Attorney Needs to Know,” National Business Institute – Columbus (December 2012).
  • Panelist, “What Keeps You Up at Night: Addressing Enterprise Risk After the Affordable Care Act,” Squire Sanders – Columbus (November 2012).
  • Panelist, “Sixth Circuit’s Business Docket: Year in Review,” Squire Sanders – Cincinnati (September 2012).
  • Panelist, “What Keeps You Up at Night: Keeping In House Out of the Doghouse – Invoking the Attorney-Client Privilege,” Squire Sanders – Columbus (September 2012).
  • Panelist, “Litigation Strategies After the Supreme Court’s PPACA Decision,” American Conference Institute, Advanced Forum on Healthcare Provider Disputes & Litigation – Chicago (August 2012).

Publications
  • Ohio Beer and Wine Handbook: Protecting Your Franchise Against Termination, with David W. Alexander, Fall 2013.
  • “Maintaining the Attorney-Client Privilege for In House Counsel,” with Thomas Zeno, Connections Magazine, American Health Lawyers Association, anticipated publication Fall 2013.
  • “Protecting Attorney-Client Privilege: Learn From Halifax,” with Thomas Zeno, Law360 Healthcare and Banking editions, February 2013.
  • Contributor to Squire Sanders Triage Healthcare Blog and Sixth Circuit Appellate Blog, 2009-2013.
  • Interviewed for “Social Media and the Law,” Columbus C.E.O., June 2010.

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Education

The Ohio State University, J.D., summa cum laude, Order of the Coif, articles editor, Ohio State Law Journal, 2003
The Ohio State University, B.A., summa cum laude, 1998

Admissions

Ohio, 2003
U.S. Dist. Ct., S. Dist. of Ohio, 2004
U.S. Ct. of App., Sixth Circuit, 2005

Languages

  • English
  • German

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