J. Mark Waxman is a partner with Foley & Lardner LLP, where he is former chair of the Health Care Industry Team, and a member of the Government Enforcement, Compliance & White Collar Defense Practice.
Mr. Waxman's health care practice focuses on transactional, regulatory and contractual issues for for-profit and not-for-profit providers and payers. His experience in this area includes issues related to the operation of health care systems, and the integration of health care system participants, policy and regulatory issues for trade associations and strategic business planning. He has a significant history in addressing the antitrust implications of mergers and acquisitions, federal program fraud and abuse, reimbursement and managed care contracting.
His business experience includes service as the president and general counsel of the CareGroup Health Care System, and special counsel to hospital and health professional associations. His litigation experience includes jury and non-jury trials and extended arbitration proceedings involving health care providers and payers. These disputes have involved complex commercial, class action, regulatory, health care and technology matters in state and federal trial and appellate courts, as well as the United States Supreme Court. He has resolved significant civil and criminal investigations in a number of states around the country.
While at CareGroup, Mr. Waxman also served as a board member of the CRICO Captive Insurance carrier, serving on its Underwriting and Intellectual Property Committees. He also became a board member and now serves as chairman of the Picker Institute. Mr. Waxman is a former board member of MedVentive, a managed care data and contract management company. He also serves as a volunteer mentor with the MIT Venture Mentoring Services.
Mr. Waxman 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 Mr. Waxman 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 2007-2011). He was also selected for inclusion in the 2006-2011 Massachusetts Super Lawyers® lists. Only 5% of the lawyers in the state were selected. In 2005, Mr. Waxman was recognized as a Finalist, Entrepreneur of the Year, by Ernst & Young for the New England Region. In addition, he was selected by his peers for inclusion in The Best Lawyers in America® 2010-2012 editions in the field of health care.
Prior to February of 2000, Mr. Waxman was a partner in the Los Angeles and Washington, D.C., offices of Foley & Lardner. He chaired the firm's mid-Atlantic and eastern United States health law practice. He was an assistant United States attorney for the Central District of California before associating with Foley & Lardner.
Mr. Waxman writes and lectures extensively on a variety of health care issues, including health system governance, medical research and technology, compliance, managed care, antitrust issues, and health care fraud and abuse. Most recently, he co-authored an article that appeared in BNA's Life Sciences Law & Industry Report on December 16, 2011 titled "Room for Debate: First Amendment Protection for Public Disclosures of Clinical Trials." He also co-authored an article in BNA's Life Sciences Law & Industry Report on November 19, 2010 titled "Navigating Public Disclosures During Drug Development."
Mr. Waxman 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. He 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. He is a founder and executive director of the Synthetic Biology Industry Association.
Mr. Waxman 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). He was admitted to the California Bar in 1973 and 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.