Mark L. Mattioli

Philadelphia,  PA  U.S.A.

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Experience & Credentials

Practice Areas

  • Health & FDA Business
  • Commercial Litigation
  • Antitrust Litigation & Competition
  • Cybersecurity and Crisis Management
Contact InfoTelephone: 215.988.7884
Fax: 215.988.7801
University Drexel University, B.S., magna cum laude, 1986
Law SchoolTemple University Beasley School of Law, J.D., magna cum laude, 1989 Member and Symposium Editor, Temple Law Review
Admitted1989, Pennsylvania; 1989, New Jersey

Professional & Community Involvement

•Member, American Bar Association, Antitrust and Health Care Sections
•Member, American Health Lawyers Association
•Past Vice-Chair, Antitrust Practice Group, 2010
•Member, Aircraft Owners & Pilot's Association
•Member, Experimental Aircraft Association and International Aerobatic Club


Mark L. Mattioli provides regulatory, transactional and compliance guidance to hospitals, physicians and other health care providers in a variety of areas, including antitrust, health care reform, managed care contracting, reimbursement, fraud and abuse (Stark and anti-kickback), health information privacy and security and medical staff credentialing. Mark routinely advises hospitals, health care systems and providers regarding government audits, government payment programs, medical staff issues and privacy and data security matters. He has extensive experience in consulting with health care clients and in litigating matters in health law and other highly regulated industries. He has litigated numerous cases involving health care entities in antitrust, False Claims Act, breach of privacy, and commercial disputes with other providers.

Mark also advises hospital, health care providers and health plan clients regarding health and information privacy and security under HITECH and HIPAA, governmental investigations, development of joint ventures, provider contracting issues and medical staff bylaw and disciplinary issues. Mark proactively counsels clients as they confront inquiries, audits and investigations from governmental agencies, including the Department of Justice, Office of Inspector General and the Department of Health and Human Services.

For more than 20 years, Mark has represented professionals in disciplinary disputes before licensing boards, counseled clients in complex business problems and litigated matters in defense of clients in the health care, financial and insurance industries. Mark has litigated cases nationally, including Pennsylvania, New Jersey, Maryland, Delaware, Kansas, New Hampshire, Maine, North Carolina, Kentucky, Vermont and Missouri, and he has written extensively on the topics of antitrust, fraud and abuse, and medical staff credentialing.

Areas of Concentration

•Health law
•Antitrust compliance
•Privacy and data security
•Trade secret
•Commercial litigation
•Health care governmental compliance

Associated News & Events

Press Releases

01.11.16 A Year in Review: Greenberg Traurig Philadelphia
11.23.15 Greenberg Traurig Philadelphia Hosts Israeli Digital Health Summit Reception
11.05.15 Greenberg Traurig's Mark Mattioli to Present at MD Advantage Fall Symposium: Technology in the Medical Practice
10.08.15 Greenberg Traurig's Mark Mattioli to Speak at Pennsylvania Bar Institute's A Day on Health Law
09.24.15 Greenberg Traurig's Mark Mattioli to Speak at American Health Lawyers Association Fraud and Compliance Forum
09.01.15 Greenberg Traurig Expands Health Care Practice with Addition of Mark L. Mattioli in Philadelphia

Articles, Publications, & Lectures


•Coordinating Editor, The ACO Handbook: A Guide to Accountable Care Organizations, American Health Lawyers Association
•Author, Accountable Care and Integration: A Challenge for Credentialing and Risk Management, Journal of Healthcare Risk Management, July 2014
•Author, Compliance and Quality of Care, Part 2:The Physicians' Perspective, Compliance Today, January 2014
•Author, Federal Investigative Audits, Healthcare Compliance, and Quality Reporting: The MPL Connection, Inside Medical Liability, First Quarter 2014
•Author, Compliance and Quality of Care, Part 1: Laws and Case Studies, Compliance Today, December 2013
•Author, HIPAA Revisited: An Analysis of the Omnibus Rule and a Practical Compliance Guide, AHLA Member Briefing, November 2013
•Author, The Interrelationship Between Compliance and Quality of Care, The Legal Intelligencer, March 19, 2013
•Author, Accountable Care Organizations: From Theory to Practice, The Legal Intelligencer, March 19, 2013
•Author, The Year Of The ACO And Trends For The Future, Law360, January 2013
•Co-Author, Navigating New Waters: The Nexus of Medical Malpractice Litigation and Government Regulation, Litigation Management Magazine, Fall 2011
•Co-Author, Evidence-Based Clinical Guidelines: An Rx for Better Quality, and Opportunity for Exclusionary Conduct Under the Antitrust Laws, or a Little of Both?, AHLA Connections at 12, August 2010
•Author, We Can Build It But There Is No Guarantee Physicians Will Use It: Historic, Practical and Legal Impediments to Quality Coordination, ABA / AHLA Healthcare in Antitrust Conference, Washington, D.C., May 2010
•Author, What Every Hospital Executive Needs To Know About Revised Merger Guidelines, E-Flash Update, October 2010
•Co-Author, A Clear View of Sightseeing Flights: Make Sure You Are Covered From A Regulatory And Insurance Perspective, Sports Aerobatics 14, April 2010
•Author, Economic Credentialing, Conflict of Interest Policies, and Hospital-Physician Competition: Antitrust Issues and Pitfalls, AHLA Antitrust Member Briefing, 2009
•Author, Chapter Liability Issues: How a Few Pieces of Paper Save Your Airplane, House and Sanity, Sport Aerobatics, April 2008
•Author, Can Preventing Diversion of Profitable Patients Justify Hospital's Economic Credentialing Under the Antitrust Laws?, Journal of Health & Life Sciences, 2008
•Author, Does A Hospital Have A Duty To Cooperate With Downstream Providers?, AHLA Antitrust Member Briefing, 2008
•Author, Airspace, Operating Limitations, and Airmanship, Sport Aerobatics, June 2007
•Author, Noise and Aerobatics: History, Perception and a Strategy for the Future, Sport Aerobatics, February 2007
•Co-Author, Economic Credentialing: How to Balance Competition, Compliance, and Collegiality to Resolve Conflicts of Interest, HC Pro, 2004
•Author, Quality of Care as False Claims Violations, Corporate Compliance Officer, March 2002
•Author, Physicians' Liability for Hospital Coding Errors: It's Everyone's Problem - Yours and Theirs, Corporate Compliance Officer, October 2001


•Speaker, Value-Based Contracting Under The ACA: What Does the Future Hold for Provider and Payer Relationships?, Pennsylvania Bar Institute, Health Law Institute, March 13, 2015
•Speaker, Professional Liability Exposures - Not Just Medical PL, 2014 PLUS Conference, Las Vegas, NV, November 6, 2014
•Speaker, MPL / CYBER-What's HIPAA Got to Do With It?, 2014 Medical PL Symposium, Professional Liability Underwriting Society (PLUS), Atlanta, GA, April 23-25, 2014
•Speaker, Compliance, Credentialing and Quality in an Integrated World: Three Perspectives, 2013 Annual Conference & Exhibition, ASHRM, October 30, 2013
•Speaker, Critical Issues in the Delivery of Health Care: Reform, Policy and Quality, 2013 Trends in Health Care and Health Law Seminar, Marshall Dennehey, November 7, 2013
•Speaker, Fraud and Abuse, Credentialing and Quality of Care in an Increasingly Integrated World - Provider, Risk Management and Legal Perspectives, Day on Health Law Seminar, Pennsylvania Business Institute, October 16, 2013
•Speaker, Director & Officer Liability-New Issues Facing Risk Managers in the Integration Age, Plymouth Meeting, Philadelphia Area Society for Healthcare Risk Management, Pennsylvania, May 23, 2013
•Speaker, Collaboration Among Competitors: For Better or Worse, Antitrust in Healthcare Conference, ABA/AHLA, Washington, D.C., May 4, 2012
•Speaker, Antitrust Credentialing and Physician Relations Issues, Antitrust Practice Group Webinar, American Health Lawyers Association, February 10, 2012
•Panel Moderator, The Role of the Economic Analysis in Healthcare Antitrust: Cutting-Edge Economics Meets the Anomalies of the Health Care System, Antitrust Practice Group, American Health Lawyers Association, Orlando, FL, February 9, 2012
•Speaker, From Stolen Briefcases to Malicious Hackers: What Criminal Defense Lawyers Need to Know about Data Breaches, Annual White Collar Practice Seminar, Pennsylvania Association of Criminal Defense Lawyers, November 18, 2011
•Speaker, New Developments in Accountable Care, Clinical Integration, and the Messenger Model: Addressing the Risks of Provider Joint Contracting, Antitrust in Healthcare Program, ABA / AHLA, Washington, D.C., May 24, 2010
•Speaker, Legal /Insurance Issues in Aerobatics, Sun-n-Fun Convention, Lakeland, FL, April 16, 2010
•Speaker, Development of EHR Standards: HITECH Meets Competition Policy, Practicalities, and Politics, AHLA Webinar, February 24, 2010
•Speaker, What Every Hospital Executive Needs To Know About Revised Merger Guidelines, October 26, 2010
•Speaker, FARs: Are You Current 2009?, Sun-n-Fun Convention, Lakeland, FL, April 24, 2009
•Speaker, Use of TC ODA's May Cause Unforeseen Litigation Turbulence for Designers, SAE 2008 Wichita Aviation Technology Congress & Exhibition (WATC), Wichita, K, August 21, 2008
•Speaker, FARs: Are You Current?, Sun-n-Fun Convention, April 8, 2008
•Speaker, Electronic Medical Records and the New E-Discovery Rules: What You Don't Know Can Be Used Against You, Pennsylvania Bar Institute, Health Law Institute, March 12, 2008
•Speaker, Getting Along with our Non-Pilot Neighbors and the FAA, Airventure 2007, Oshkosh, WI, July 25, 2007 (Topics addressed legal (tort) theories brought by residents against aircraft operators and airports)
•Speaker, Salary Survey- Antitrust Update, Annual Labor & Employment Seminar for Health Care Providers, Post & Schell, Harrisburg, PA, May 17, 2007
•Speaker, Electronic Discovery: A New Era for Discovery of Health Records, Holy Redeemer Health System Continuing Medical Education Series, Meadowbrook, PA, February 21, 2007
•Speaker, Hospital Turf Wars: Practical Issues and Hospital Responses, Audio-Conference and Paper, AHLA, February 13, 2007
•Speaker, Economic Credentialing in Healthcare Facilities, Audio-Conference, Strafford Publications, January 11, 2007
•Speaker, Competition Aerobatics: Solo in Three Dimensions (Discussion of current issues facing aerobatics with an emphasis on noise issues and the rules of aerobatic flying), NE SCCA Mini-Convention, Cherry Hill, NJ, November 11, 2006
•Speaker, Specialty Hospitals: Legal and Economic Antitrust Issues, Pennsylvania Bar Institute, Health Law Institute, Philadelphia, PA, March 2006 (with David Argue, Ph. D.)
•Speaker, Antitrust Regulations: How to Avoid Price Fixing Hazards, Audio-Conference, HCPro, August 2005
•Speaker, Managing the Pressure Points of Medical Staff Competition through Collaboration & Control, Pennsylvania Bar Institute, Health Law Institute, Philadelphia, PA, March 16, 2005 (with Robin Locke Nagele, Esq.)
•Speaker, Mock Antitrust Trial and Anatomy of a Corporate Negligence Case, 6th Annual Credentialing Resource Center Symposium, The Greeley Company and National Association Medical Staff Services, Orlando, FL, May 1-2, 2003
•Speaker, The Medical Staff Dispute, From Tribulation Through Trial, Pennsylvania Bar Institute, Health Law Institute, Philadelphia, PA, March 13, 2003
•Speaker, Provider Managed Care Contracting: Is Just Say No an Option?, Pennsylvania Bar Institute, Health Law Institute, Philadelphia, PA, March 12, 2002
•Speaker, Provider Liability for Consultant Errors: What to Do When the Advice is Wrong, Program for the 7th Annual Health Law Institute, Pennsylvania Bar Institute, March 13-14, 2001


•Author, An Historical Look at the ACO Concept and Future Liabilities: What Does Accountable Really Mean?, Health Law Handbook, Thomson Reuters, 2014 edition
•Author, Standards, Quality, and Health Care Reform: A Unified Antitrust Theory for the Creation of Clinical Guidelines, 2010 Health Law Handbook, Gosfield, 2010 edition
•Author, A Practical Approach To Clinical Integration: How to Avoid Doing the Right Thing For the Wrong Reason, Health Law Handbook, Gosfield, 2009 edition
•Co-Author, Client Strategies for Controlling Costs in Commercial Litigation: Create Confusion and Disorder for Your Opponent, Not Your Counsel, Inside the Minds: Addressing a Client's Litigation Issues, Aspatore, 2008
•Author, Economic Credentialing as A Mechanism to Prevent Free Riding by Physicians: Procompetitive Justifications and Practical Considerations, Hospital Turf Wars, AHLA Audio Conference, February 13, 2007; also published in MedStaff News, June 2007
•Author, Defining Markets in Post-Merger Situations: The Role of Quality and Price as Indicators of Market Power, Health Law Handbook, Gosfield, 2004 edition
•Author, Hospital Liability for Consultant Errors: Contribution and Indemnification Under the False Claims Act, Health Law Handbook, Gosfield, 2000 edition
•Author, Credentialing of Limited License Practitioners in a Managed Care Environment: Antitrust Liabilities and Risk Avoidance Strategies, 1997 Health Law, Gosfield, 1997 edition

Reported CasesSignificant Representations: Assisted Risk Retention Group in development of Patient Safety Organization.; Represented Physicians in Sale of Practice.; Provided advice to Trade Group regarding Antitrust Issues on behalf of member organizations.; Health America v. Susquehanna Health Systems, 278 F.Supp. 2d 423 (M.D. Pa. 2003).; Delaware Health Care, Inc. v. MCD Holding Co., 957 F.Supp. 535 (D.Del. 1997).; High Tech Enterprises v. Semon, 1997-2 Trade Cases (CCH) p. 71, 892 (E.D. Pa. 1997).; United States v. Kensington Hospital, 1993 WL 21446, 1993 U.S. Dist. LEXIS 383 (E.D. Pa. 1993).; Gordon v. Lewistown Hosp., 714 A.2d 539 (Pa. Commw. Ct. 1998).; The above representations were handled by Mr. Mattioli prior to his joining Greenberg Traurig, LLP.

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Allegheny Court Refuses to Recognize Negligence Claim for Data Breach
Mark L. Mattioli,Mary Kate McGrath, June 12, 2015
On May 28, 2015, the Honorable Stanton Wettick sustained preliminary objections in Dittman v. UPMC, dismissing all counts in a class action matter brought on behalf of 62,000 employees of the University of Pittsburgh Medical Center (UPMC). The plaintiffs alleged that UPMC failed to enact...
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Office Information

Mark L. Mattioli

2001 Market Street
PhiladelphiaPA 19103


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