Gary S. Pancer

Managed Care Litigation
Gary has successfully litigated many cases on behalf of health care clients in trial courts and binding arbitration, including several multimillion-dollar business and consumer cases. These include representation of health plans and their administrators in a variety of provider disputes ranging from reimbursement and contract disputes to more complex matters, including representing plans and medical provider networks (MPNs) in provider selection and removal disputes. In a closely watched case in California, Gary obtained a defense judgment after a lengthy trial in the Complex Division of Orange County Superior Court that was later upheld by the California Court of Appeal. In member/enrollee disputes, Gary has represented managed care payors and their administrators in ERISA and non-ERISA cases involving multimillion-dollar wrongful denial of benefits cases with claims from bad faith, wrongful death, fraud, recission and unlawful business practices to RICO actions. Gary’s experience in the managed care industry helps him guide his clients through these complex cases. He has been extremely successful in getting large cases dismissed on early pre-trial challenges to the pleadings and developing factual defenses to support summary judgment motions. Gary has a demonstrated record of success representing clients in jury trials and in binding arbitration. 

Commercial Litigation
While the focus of Gary’s representation of clients is in the health care industry, he also represents other corporate clients in the entertainment, construction, and manufacturing industries in general business litigation. These matters include complex business disputes, including unfair business practices, trade secret and noncompete actions, defamation, interference with business relationships and intellectual property.

Risk Management
In addition to litigation, Gary frequently advises health care clients concerning quality assurance and general risk management issues and helps health care companies develop and revise internal policies and procedures to help avoid litigation exposure. He also serves on the Quality Assurance and Compliance Committees of several health care clients. Gary co-authored a chapter in the treatise “Common Managed Care Disputes,” Chapter 2 of Managed Care Litigation, published by the Bureau of National Affairs, Inc. (2013) in addition to cumulative supplements in 2011 and 2012. Gary has authored several other publications on health care legal issues, including for the American Health Lawyers Association and has presented on emerging health care topics throughout the country.

Regulatory Compliance/Government Investigations
With support from several other Wilson Elser offices across the country, including Washington, DC, New York, Texas, Illinois and Florida, among others, Gary also routinely advises health plans and organizations concerning regulatory compliance issues and government investigations in state-specific issues nationally and federal matters. For example, representing health plans and their administrators in investigating matters involving potential overpayments under state and federal False Claims Act statutes, investigations of Medicare Advantage Plans by the Centers of Medicare & Medicaid Services (CMS), and defense of clients before the Office of Inspector General (OIG), U.S. and state departments of justice and other state and federal regulatory and prosecuting agencies.

Directors & Officers
Gary represents directors and officers in various matters in complex commercial litigation with an emphasis on representing directors and officers and corporate entities in the health care industry, from health plans and independent physician associations (IPAs) to skilled nursing facilities (SNFs). He also represents health care clients in shareholder derivative actions.

HIPAA
Gary represents corporate health care clients in HIPAA matters, including single-plaintiff and class action cases involving alleged breaches of protected health information. With assistance from Wilson Elser’s Cybersecurity & Data Privacy team, Gary is able to assist clients in meeting appropriate federal and state filing requirements whenever a suspected breach has occurred, and to develop policies and protocols to help protect against future data breaches.

General Liability
Gary is frequently engaged to step in as trial counsel on complex, high-exposure general liability matters for commercial liability insurers, often transitioning matters from prior counsel.  Typically, the cases involve catastrophic injuries or alleged wrongful death claims in various industries, including retail, manufacturing, construction, and entertainment.

Pro Bono Activities
Gary is a past president of the Frank D. Lanterman Regional Center, a large nonprofit that operates under the umbrella of the California Department of Developmental Disabilities, with a statewide budget of more than $4 billion annually. Lanterman provides services to thousands of children and adults with developmental disabilities in the greater Los Angeles area. Gary also served as vice president of Newbury Park Pony Baseball, serving more than 700 children (ages 5–15). In addition, Gary has been active in pro bono activities, including representation of a refugee from Africa fleeing political persecution and torture and unaccompanied minors from Central America fleeing gang violence. In these matters, Gary has successfully obtained relief from deportation and grants of asylum from the U.S. Immigration Courts under the Convention Against Torture. Gary also has represented several holocaust survivors in obtaining pensions from the German government for work performed in Jewish ghettos through the Bet Tzedek Holocaust Survivors Justice Network.