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Elizabeth R. Wohl

Director - Brattleboro
Elizabeth Wohl

Practice Areas

Education


    Vermont Law School
    (J.D., magna cum laude, 2005)
    Editor, Vermont Law Review
    Teaching Assistant

    Connecticut College
    (B.A., summa cum laude, 1999)
    Phi Beta Kappa (Winthrop Scholar)
    Pi Sigma Alpha

Bar Admissions


    Vermont (2005)

    Massachusetts (2008)

    New Hampshire (2010)

    U.S. District Court, District of Vermont (2008)

    U.S. District Court, District of New Hampshire (2011)

    U.S. District Court, District of Massachusetts (2013)

    U.S. Court of Appeals for the Second Circuit (2008)

    U.S. Court of Appeals for the First Circuit (2009)


Memberships


    American Health Lawyers Association

    Vermont Bar Association

    Windham County Bar Association

    New Hampshire Bar Association

    American Bar Association:
    Health Law Section

    Lex Mundi Health Law Section

    Lex Mundi Litigation and Dispute Resolution Section



Practice Focus


Elizabeth Wohl helps clients repair relationships and resolve disputes through negotiation, mediation, arbitration and litigation. She represents and advises hospitals, nursing homes, home health and hospice, and other health care providers in licensing, compliance, malpractice, employment and fraud and abuse matters. Elizabeth negotiates settlements and tries cases for individuals, small businesses and large companies. 

Significant Matters


 

  • Handling complex independent informal dispute resolutions for skilled nursing facilities
  • Providing comprehensive advice regarding Certificate of Need applications
  • Trying a week-long trespass and nuisance case against a state environmental agency to a jury verdict on behalf of a large manufacturing company
  • Representing health care organizations in responding to inquiries from disability rights advocates
  • Routinely responding to subpoenas for medical records
  • Settling complex construction litigation
  • Advising health care organizations regarding HIPAA, 42 C.F.R. Part 2 and other privacy obligations
  • Providing advice on a corporate compliance program to a home health and hospice provider

Professional Activities


Elizabeth is active in the American Health Lawyers Association and Windham County Bar Association, where she coordinates the Windham County Legal Assistance Project. She joined DRM after serving two year-long legal clerkships, first to the Honorable William F. Downes in the United States District Court for the District of Wyoming and later to Vermont Supreme Court Justice Marilyn S. Skoglund.

Community Involvement


Elizabeth serves on the board of trustees of Brooks Memorial Library in Brattleboro, and the Board of the Brattleboro Area Chamber of Commerce. Elizabeth is a trained classical singer and performs locally as time allows.

Publications/Presentations


"Good, Better, and Best Practices for Mandatory Compliance Programs," Vermont Health Care Association, Membership Meeting, March 28, 2013.

"Legal Issues in Work with Persons with Violent Behaviors," Brattleboro Retreat Education Conference, Nov. 9, 2012, with Dr. Robert Kinscherff.

"Taking the Road Not Taken: Vermont’s Health Benefit Exchange and the Green Mountain State’s Journey to Single Payer Healthcare" with Paul Andrew (Drew) Kervick, Health Lawyers Weekly, August 24, 2012. A publication of the American Health Lawyers Association, the newsletter is distributed to 11,000 AHLA members.

"What Will the Supreme Court Do With the Patient Protection and Affordable Care Act?" Downs Rachlin Martin PLLC, Upper Valley Labor and Employment Law Seminar, April 17, 2012.

"Phone Call From Primary Care Clinic to ER Does Not Trigger EMTALA Obligations," American Health Lawyers Association Health Briefs e-Newsletter, May 2012

"Waiting for the U.S. Supreme Court to Rule: Preparing Clients for Three Possible Outcomes of the Affordable Care Act Litigation," American Health Lawyers Association Healthcare Liability and Litigation Practice Group, Volume 14, Issue 1, January 2012

"Sixth Circuit Issues First Appellate Ruling on Substance of Patient Protection and Affordable Care Act: Recognizing the Court’s Limits and Defining the Conflict for the Supreme Court," American Health Lawyers Association Health Briefs e-Newsletter, July 2011

“Obtaining Protected Health Information through Discovery: HIPAA and Beyond.” Windham County Bar Association, May 25, 2010

“Health Information: Security, Privacy and Discovery,” Vermont Bar Association 53rd Mid-Year Meeting, March 19, 2010

Book Review: “The Threat to the Rule of Law , a Critique of Instrumentalism,” Vermont Bar Journal, Vol. 35, No. 3, Fall 2009

Co-author, "Breastfeeding Laws in Vermont: a Primer," Vermont Bar Journal, Vol. 34, No.1, Spring 2008


Reported Cases


State of Vermont v. Howe Cleaners, Inc. et al., 2010 VT 70, ___ Vt. ___ (2010) (affirming summary judgment in favor of TD Bank on the State’s claim for environmental response costs)

Altair Engineering, Inc. v. LEDdynamics, Inc., No. 2:07-cv-13150, United States District Court, Eastern District Of Michigan (Steeh, J.) (favorable Markman ruling for defendant in patent infringement suit) On appeal to the Court of Appeals for the Federal Circuit

Black Diamond Sportswear, Inc. v. Black Diamond Equipment, Ltd., 2007 WL 2914452, 84 U.S.P.Q.2d 1758, C.A.2 (Vt.), October 05, 2007 (No. 06-3508-cv) (affirming summary judgment dismissal of plaintiff’s $20 million trademark infringement claim against client using defense of laches)

 

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