Biography

Dorothy's practice focuses on litigation and regulatory compliance, with a particular emphasis on the intersection of the health care and health insurance industries. She is an experienced litigator, with substantial involvement in life, health and disability litigation. Her practice has included litigating complex issues related to ERISA preemption on behalf of health care providers and insurers. In addition, she advises clients regarding Medicare billing and compliance, including matters related to physician supervision, hospital-based clinical trials and psychiatric patients.

Dorothy works with numerous health-related entities, including hospitals, physician practices, home health agencies, employer health plans and health insurers. As part of her experience with these entities, Dorothy has addressed a variety of issues, including the corporate practice of medicine, concierge medicine and direct primary care homes, conduct constituting the business of insurance or the practice of medicine and the supervision of nurse practitioners, physician assistants and other non-physician personnel in various settings. Dorothy's experience includes regular interaction with government agencies. She has assisted clients in navigating the OIG self-disclosure process and conducting internal investigations and has worked with state agencies on various matters related to health care, insurance and CON. Dorothy advises employers, insurers and providers regarding coverage and compliance under the Affordable Care Act, and she has worked with Accountable Care Organizations on compliance issues, including antitrust analyses.

Dorothy’s practice has grown to include a concentration on medical spas. She speaks regularly at national conferences on topics related to this industry, including gift cards and supervision. Dorothy assists clients in this unique field on a range of issues, such as trademark disputes and investigations by licensure boards. She helps clients navigate regulatory and business matters and assists them with medical director agreements, nurse protocol agreements and similar documents.

Dorothy also handles more general commercial litigation. Her background includes lawsuits related to breach of fiduciary duty, trusts, attorney-client disputes, trademarks, director and officer liability, derivative actions and noncompete agreements.

Representative Experience

  • Griffin v. Humana Employers Health Plan of Georgia, Inc., -- F.Supp.3d--, 2016 WL 897700 (N.D. Ga. 2016)
  • Birdette v. Saxon Mortgage, 502 F. App’x 839 (11th Cir. 2012)
  • AirTran Airways, Inc. v. Elem, 771 F. Supp 2d 1344 (N.D. Ga. 2011)

Before Fox Rothschild

Dorothy was a partner at Smith Moore Leatherwood LLP, which combined with Fox Rothschild in 2018.