Scott R. Landau

Scott Landau is a business-oriented lawyer known for his creative, results-driven approach to legal problems. A former federal prosecutor and in-house counsel for a large and prestigious academic health system, Scott is a true ”five tool“ attorney who advises on regulatory and compliance issues, negotiates and structures complex transactions, defends institutions and individuals in government enforcement matters, conducts sensitive internal investigations, and litigates complex commercial and civil disputes. Healthcare Regulatory & Compliance Counseling Scott regularly counsels providers, wellness companies, startups, and tech companies on how to structure and operate their businesses in compliance with the myriad federal and state laws and regulations governing the industry, including: the Stark law; the Antikickback Statute; Medicare rules and conditions of participation; Telemedicine rules and regulations; the FDCA, DSHEA, and other FDA regulations; and state public health, licensure, and corporate practice of medicine laws. He is a trusted advisor to organizations with data and privacy concerns, and helps HIPAA covered entities and business associates ensure that protected health information (PHI) is managed and disseminated in compliance with federal and state laws. Complex Transactions & Arrangements Scott negotiates and structures complicated transactions and arrangements between parties in the highly-regulated healthcare industry. He has negotiated professional and license and service arrangements between physicians and hospitals, employment and affiliation contracts between practice groups and health systems, management services agreements between MSOs and providers, and complex arrangements between health systems and private equity backed ventures and IT companies. Scott also counsels ASCs, diagnostic treatment centers, and other ancillary service providers in connection with acquisition and divestiture transactions. Government Enforcement Matters & Internal Investigations Scott regularly defends clients in government investigations and enforcement proceedings, as well as in qui tam actions. In multiple pre-litigation matters, Scott has successfully convinced the government not to proceed, and in litigated matters he has obtained dismissals and favorable settlements. He has also conducted dozens of sensitive internal investigations related to alleged fraud and billing improprieties, and has prepared voluntary self-disclosures for clients across a wide-range of regulatory frameworks. Commercial & Civil Litigation Scott is an experienced and versatile litigator, having spent nearly two decades in both the private and public sectors litigating hundreds of matters in federal and state courts and in ADR proceedings. As lead counsel, Scott has obtained dozens of pre-trial dismissals ”on the papers,“ and has successfully tried multiple cases to verdict. Scott also has an active appellate practice and has handled appeals before the U.S. Court of Appeals for the Second Circuit and the Appellate Divisions of the New York State Supreme Court.