David M. Zacks, Esq. is a JAMS mediator focusing on health care industry disputes, catastrophic personal injury matters, and business/commercial disputes. David has garnered extensive experience in these areas throughout his distinguished legal career as a trial lawyer and neutral spanning 50 years. He is renowned for his natural ability to bring people together and build trust to get to the heart of difficult issues.

Before joining JAMS, David was a founding partner at Knox & Zacks, which later merged with Kilpatrick Townsend, an international firm based in Atlanta. While a partner at Kilpatrick, David served on the firm’s executive committee, chaired the health and life science section, as well as the firm’s complex litigation section. Additionally, he served as National Chair of the American Cancer Society from 2002-2003 and has served on several boards at a notable medical institution.

As a mediator, he has resolved disputes throughout the country involving various players in the health care industry, including major health care systems, companies providing ancillary services, nursing homes and long-term care facilities. He has worked on payor-provider disputes and various claims involving insurance coverage and companies.

David has successfully settled many catastrophic personal injury cases drawing not only on his legal background working on these matters as an advocate, but on his skills as a mediator and his ability to connect with the parties. Best known for his commitment to the process, through truly listening and evaluating the merits of his cases, David is able to consistently bring parties to resolution in these highly complex disputes.

ADR Experience and Qualifications

• Evaluated, settled and arbitrated numerous complex cases, including multi-party cases and class actions
• 45 years as a trial lawyer for both sides of the bar, using ADR as a means of settlement from the early 1990’s
• At Kilpatrick Townsend, chaired Health and Life Sciences and Complex Business Litigation sections, co-chaired Native American practice group with Ambassador (Ret.) Keith M. Harper
• Captain and certified military judge in JAGC, 1967-1971

Representative Matters

• Health Care
• Successfully mediated a multimillion-dollar billing dispute between a major insurance carrier and hospital system
• Mediated and settled several payor-provider disputes, including issues such as reimbursement
• Mediated a breach of contract dispute involving a stock purchase agreement of a health care company
• Mediated and arbitrated wrongful death action against providers as well as nursing homes and hospitals
• Mediated and settled disputes involving credentialing issues and privatization of state health care systems
• Mediated and settled disputes between a hospital system and a medical billing vendor
• Handled the partnership dissolution of a health care practice
• Successfully mediated employment matters involving health care providers, including whistleblower cases, matters alleging billing improprieties against providers, personal misconduct and medical malpractice claims against hospital personnel and employee discrimination claims
• Personal Injury
• Mediated a number of wrongful death actions, including a high-profile matter at a public sporting event
• Successfully mediated a wrongful death action related to an overdose of prescribed oxycodone; multiple defendants were involved including a hospital and a pharmacy
• As a litigator, worked to resolve severe burn cases involving product liability issues
• Mediated personal injury matters alleging premises liability at various locations including airports and other public areas
• Mediated aviation matters that resulted in catastrophic injury and death of passenger
• Mediated many professional negligence cases including medical malpractice claims
• Other ADR Experience
• Served as principal negotiator during a critical phase of litigation on behalf of 500,000 Native Americans in a case involving the government’s mismanagement of trust lands and accounts for over a century, resulting in a multibillion-dollar settlement
• Mediated and settled various complex breach of contract disputes which included issues such as: 
• Related tort liability and damages and proximate cause 
• Dissolution of business
• Bankruptcy
• Mediated and arbitrated many employment cases alleging wrongful termination, harassment and discrimination
• Mediated and arbitrated employment matters involving key executives at commercial businesses and law firms
• Successfully mediated a licensing dispute between a nationwide restaurant and casino chain and a gaming company
• Mediated a case involving an art collector and an art preservation foundation

Honors, Memberships, and Professional Activities

• Served as National Chair of the American Cancer Society, 2002–2003
• Board Member, Advisory Board for Regenerative Medicine at Wake Forest Baptist Medical Center, 2018–2021
• Member, American College of Civil Trial Mediators, 2011–present
• Past Chair, Society of International Business Fellows, 2020–2022
• Recognized in The Best Lawyers in America for Alternative Dispute Resolution, 2014–2024
• Health Care Law and Personal Injury Litigation categories, 2014–2019
• Georgia Trend's "Legal Elite" for Personal Injury Law, 2013–2014
• Named "Atlanta Lawyer of the Year" in the area of Mediation by The Best Lawyers in America, 2013
• Chair, Kilpatrick Townsend Complex Business Litigation, 2007–2010
• Co-Founder & Chair with Keith Harper, Former Native American Ambassador, Kilpatrick Townsend Native American Practice Group, 2006–2009
• Wake Forest University Distinguished Alumni Award, 2004
• Georgia Bar Community Service Award, 2003
• Atlanta Bar Palmer Ansley Leadership Award, 2003
• Chair, Kilpatrick Townsend Health and Life Science Section, 1994–2002
• Founding Member of the Georgia Academy of Mediators and Arbitrators
• Georgia "Super Lawyer" in Alternative Dispute Resolution and Litigation Law by Super Lawyers magazine
• National Register’s Who's Who in Executives and Professionals
• Former co-chair of Wake Forest Law School Board of Visitors
• Captain and certified military judge in the Judge Advocate General’s Corps of the United States Army, 1967–1971

Background and Education

• Founding Neutral, Zacks Resolution, LLC, 2015-2017
• Partner, Kilpatrick Townsend, 1994-2015
• J.D., Wake Forest School of Law, 1967
• B.A., with honors, Wake Forest University, 1964