Ohio Rising Stars

The Sixth Circuit Appellate Blog

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Emily E. Root

Senior Associate

Emily Root focuses her practice on assisting healthcare providers and insurers on identifying and responding to compliance, regulatory and litigation risks and representing those clients in state and federal regulatory proceedings, as well as state and federal courts. Emily advises clients on compliance with a wide variety of regulatory requirements, including the Stark law, Anti-Kickback Statute, False Claims Act. She also guides clients through investigation and, if necessary, self-disclosure of potential fraud and abuse, regulatory or compliance violations, and the receipt or retention of overpayments from federal healthcare programs, state Medicaid programs, and private payors. In addition, Emily represents healthcare clients in lawsuits involving claims relating to reimbursement, unfair competition, breach of employment contracts, rate setting, exclusive arrangements and joint ventures, and other litigation matters.

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 is a member of the American Health Lawyers Association and the Society for Ohio Healthcare Attorneys.

Representative Experience

  • Evaluating the regulatory compliance risks for a large health system in relation to its physician contracts. 
  • Analyzing hospital-physician relationships under the Stark Law, Anti-Kickback Statute and applicable state laws. 
  • Assessing potential overpayment situations and making necessary government disclosures. 
  • Advocating for a health system client before the Physician Reimbursement Review Board to recover 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

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). 
  • 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
  • “Maintaining the Attorney-Client Privilege for In House Counsel,” with Thomas Zeno, Connections Magazine, American Health Lawyers Association, December 2013. 
  • Ohio Beer and Wine Handbook: Protecting Your Franchise Against Termination, with David W. Alexander, 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. 
  • Interviewed for “Social Media and the Law,” Columbus C.E.O., June 2010.

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Columbus
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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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