Robert G. Marasco, Esq., joins JAMS as an experienced dispute resolution professional, a calling he pursued after more than 20 years as a litigator working on both sides of the aisle. Given his diverse practice background, Mr. Marasco serves as a neutral in variety of areas, particularly health care, life sciences, cybersecurity and privacy, business and commercial, antitrust/competition, securities and employment. He routinely handles matters in California, New Jersey and New York, and regularly travels throughout the country for matters.

Before dedicating himself to resolving disputes, Mr. Marasco litigated and tried criminal and civil cases in private practice as well as in government service as an assistant United States attorney. In private practice, he was a partner at two national firms, handling matters while representing both plaintiffs and defendants, and served as the head of one firm’s health care practice group, specializing in health care advice and counseling and defending civil and criminal government investigations. He also understands what it is like to be a corporate client from the time he spent working with outside counsel as an in-house attorney and chief compliance officer for a health care company.

Mr. Marasco has found success in dispute resolution because of his varied litigation experience, broad ability to synthesize legal issues and, most importantly, his ability to establish rapport with people from all walks of life. He is well known for his creativity, tireless efforts and calm demeanor, especially when faced with high emotions and contentious disputes.

Mr. Marasco is available as a mediator, arbitrator, special master/referee, hearing officer and neutral evaluator. He is also available for training and speaking engagements, which he has provided around the country.

Representative Matters

• Business Commercial
• Mediated breach of contract dispute between major hotel chain and franchisee
• Claims involving employees and executives for embezzlement
• Represented U.S. subsidiary of international company to conduct internal investigation relating to possible violations and potential reporting obligations under the Foreign Corrupt Practices Act
• Represented U.S.-based company investigated for and charged with violating U.S. and international import/export laws
• Litigated and mediated numerous breach of contract matters
• Litigated breach and dissolutions of partnership and joint venture agreements
• Investigated, litigated and mediated financial fraud matters
• Cybersecurity & Privacy
• Served as HIPAA privacy officer tasked with creating and implementing a HIPAA compliance program
• Represented imaging center regarding HIPAA compliance matters
• Represented community information exchange regarding data privacy compliance
• Represented independent living care center regarding data privacy compliance
• Represented software company regarding HIPAA obligations in creating and maintaining software programs for use by chiropractor offices
• Employment Law
• Represented staffing company related to employment class-action litigation
• Represented charter school related to adverse employment action litigation
• Employment cases involving whistleblower and retaliation claims
• Conducted multiple internal investigations for various corporate and nonprofit victims of employee embezzlement and litigated matters to recoup the losses
• Represented multi-hospital system against lawsuit by a physician/former medical director alleging adverse employment action and retaliation under Health and Safety Code § 1278.5
• Health Care
• Mediated alleged multibillion-dollar federal False Claims Act case between physician relator and three international pharmaceutical companies
• Mediated federal False Claims Act case between nurse relator and national hospice company and regional pharmacy
• Served as hearing officer in multiple peer review hearings
• Represented multi-hospital system against lawsuit by a physician alleging whistleblower retaliation
• Represented multi-hospital system against lawsuit by a physician/former medical director alleging adverse employment action and whistleblower retaliation
• Represented medical staffs of multiple hospitals regarding credentialing, peer review, bylaws and disciplinary hearings
• Represented clinic during audit of Medicare claims by U.S. Department of Health and Human Services’ Office of Inspector General and challenged findings through the appeal process; secured more than 50% reduction
• Represented diagnostic laboratory in a whistleblower lawsuit in federal court filed under the False Claims Act and secured dismissal of criminal investigation and favorable settlement of civil investigation
• Represented more than 300-member foundation-based physician group in contract negotiations and arbitration relating to physician services agreements and fair market valuation
• Represented foundation-based physician group as outside general counsel, including advice to board regarding compliance with corporate formalities and compliance with regulatory guidelines
• Represented independent physician association (IPA) with more than 700 physician members regarding various corporate and health care compliance issues
• Represented IPA regarding various corporate and health care issues and arbitration with affiliated hospital
• Represented community clinic organization and member clinics regarding health care and data privacy compliance, employment matters and affiliation agreements to ensure creation of organized health care arrangement
• Represented Native American clinic regarding health care and data privacy compliance
• Represented community clinic regarding efforts to become an approved radiology provider for Medi-Cal
• Represented community of retirement, active adult, memory care and skilled care centers regarding data privacy compliance and in contract negotiation with affiliated hospital systems
• Represented international pharmaceutical company during internal investigation and in response to federal investigation for alleged off-label marketing and Anti-Kickback Statute violations based upon its promotional programs for Medicare-covered tests
• Represented genomic diagnostic company accused by whistleblower and federal authorities of violations of Anti-Kickback Statute and False Claims Act based upon its promotional programs for Medicare-covered tests
• Represented public health plan during state investigation into state False Claims Act violations; secured close of investigation without any charges
• Represented diagnostic laboratory during investigations of both criminal and civil violations of the Anti-Kickback Statute and False Claims Act based upon its marketing and promotional programs for Medicare-covered tests
• Represented multiple laboratory and diagnostic companies for purposes of assessing, implementing or improving their fraud and abuse compliance and data privacy programs
• Represented public life sciences company with regard to its sales, promotional and marketing programs
• Represented outpatient treatment center regarding allegations of insurance overpayments
• Represented physician regarding reimbursement issues that arose despite Medicare opt-out
• Represent medical group related to billing issues with Medicare, Medicaid and Tricare
• Litigated reimbursement disputes
• Litigated payor-provider disputes
• Investigated and litigated fraud and abuse/kickback allegations
• Litigated hospital-physician and physician-medical practice disputes
• Investigated and litigated data breach and privacy disputes

Honors, Memberships, and Professional Activities

Memberships and Affiliations

• Member, American Bar Association, 2003–2024; Health Law Section and Healthcare Fraud and Compliance Group, 2014–2022; Dispute Resolution Section, 2023–2024
• Member, American Health Lawyers Association, 2013–2024
• Member, American Inns of Court, Louis M. Welsh Inn of Court – Active Alumnus, 2012–2024
• Board of Governors, Association of Business Trial Lawyers, San Diego, 2015–2022
• Member, COVID-19 Return to Work Task Force, Biocom, 2021–2022
• Authorized Hearing Officer, California Society for Healthcare Attorneys, 2017–2024
• Member, Essex County (NJ) Bar Association, 2003–2024
• Member, Professional Development Committee, SDCA Chapter, Federal Bar Association, 2011–2024
• Member, Health Care Compliance Association, 2014–2022
• Member, Human Trafficking Task Force, Lawyers Club of San Diego, 2011–2024
• Member, White Collar Crime Committee, National Association of Criminal Defense Lawyers, 2016–2020
• Member, New Jersey Association of Professional Mediators, 2023–2024
• Member, Legal Ethics Committee, San Diego County Bar Association, 2014–2018
• Member, Southern California Mediators Association, 2023–2024
• Member, Board of Trustees, U.S. Attorney’s Office of DNJ Alumni Association, 2019–2024
• Lawyer Representative, U.S. District Court, SDCA, 2018–2024

Selected Speaking Engagements

• Appeared numerous times on television news programs to speak on a variety of newsworthy legal topics
• “Peer Review Options: Addressing Clinical & Behavioral Issues,” California Association of Medical Staff Services, May 20, 2024
• Co-Presenter, “From Med Tech Device Innovators to Healthcare Systems: What Is the Role of HIPAA in the Internet of Medical Things,” Procopio Privacy Symposium, Dec. 1, 2021
• Co-Presenter, “What the Future Holds for Enforcement of Privacy Laws: What to Expect From Privacy Regulators and How to Respond,” Procopio Privacy Webinar, Feb. 9, 2021
• Co-Presenter, “PPP: Did you really qualify, and what are the risks if you got the money anyway?” Webinar, May 12, 2020
• Instructor, U.S. Inspector General Criminal Investigator Academy Training Program, Dec. 11-13, 2018
• Panelist, “Fraud and Enforcement Trends – Current and Former Prosecutor Perspectives,” CBI Life Sciences West Coast Compliance Congress, Oct. 17, 2018
• Co-Presenter, “Embezzlement: So You Think It Can’t Happen to You,” California Workforce Association Annual Conference, May 3, 2018
• “Government Investigations: Lessons and Preparations,” Renaissance Executive Forum – CEOs, June 7, 2017
• Cybersecurity, Panelist, Provisors – Corporate Deal Professionals, June 7, 2017
• Panelist, “The Business of Marijuana,” Six Degrees, Hall of Champions, Feb. 9, 2017
• “Government Investigations: Lessons and Preparations,” Renaissance Executive Forum – CEOs, Jan. 17. 2017

Selected Publications

• Co-Author, “U.S. Government Contractors Face Increased Risk of Cybersecurity Enforcement,” Procopio Client Alert, Oct. 13, 2021
• Co-Author, “Ransomware Attacks Are on the Rise: Are You Prepared?” Procopio Client Alert, Oct. 30, 2020
• “The Feds Are Investigating PPP Recipients: Are You Safe?” Procopio Client Alert, Oct. 29, 2020
• “Beware the Siren Song of the PPP,” Procopio Client Alert, May 9, 2020
• “California Relaxes Telehealth Services Rules in Light of COVID-19,” Procopio Client Alert, April 7, 2020
• “CMS Approves Additional Medicaid Section 1135 Waivers in Light of COVID-19,” Procopio Client Alert, March 26, 2020
• “California Governor Authorizes Expansion of Health Care Workforce and Facilities,” Procopio Client Alert, March 21, 2020
• “HIPAA: Disclosure of PHI During the COVID-19 Pandemic,” Procopio Client Alert, March 18, 2020
• “7 Ways to Protect Your Business From Insider Fraud,” PropertyCasualty360.com, Feb. 2, 2018
• Co-Author, “War on Weed: AG Jeff Sessions Creates Reefer Madness,” Dinsmore Client Alert, Jan. 5, 2018
• Co-Author, “Escobar’s Effect on False Claims Act Qui Tam Actions,” Law Journal Newsletters – Business Crimes Bulletin, Oct. 2, 2017
• “Ransomware Affecting Healthcare Entities,” Dinsmore Client Alert, June 29, 2017
• “I Should Have Read the Rules of Professional Conduct … Ethics in Brief,” SDCBA, Feb. 13, 2017

Background and Education

• Marasco Mediation, LLC; 2023–2024
• Judge Pro Tem, San Diego Superior Court, 2018–2024
• VP, Chief Compliance Officer; Color Health, Inc.; 2022
• Partner, Chair of Healthcare Practice Group; Procopio, Cory, Hargreaves & Savitch, LLP; 2019–2022; Senior Counsel, 2013–2016
• Partner; Dinsmore & Shohl, LLP; 2016–2019
• Assistant United States Attorney, U.S. Attorney’s Office for the Southern District of California, 2011–2013
• Assistant United States Attorney, U.S. Attorney’s Office for the District of New Jersey, 2008–2011
• Attorney; Gibbons, P.C.; 2005–2008
• Judicial Law Clerk for the Honorable Joel A. Pisano, U.S.D.J.; United States District Court for the District of New Jersey; 2004–2005
• Judicial Law Clerk for the Honorable Dorothea O’C. Wefing, P.J.A.D.; New Jersey Superior Court, Appellate Division; 2003–2004
• J.D., Seton Hall University School of Law, 2003
• B.A., Classics, College of the Holy Cross, 1997