Michael “Akiva” Newborn represents healthcare providers in state and federal courts, arbitrations, and administrative hearings in a wide range of litigation matters, as well as advises healthcare providers on regulatory compliance issues and employment contracts.
- Obtained a favorable settlement on behalf of a pharmacy client over a dispute with their pharmacy benefits manager. The pharmacy benefits manager audited the pharmacy and determined that the client was overpaid by more than $1 million due to client’s alleged over-dispensing of medication. Akiva drafted appeal letters and worked with the pharmacy benefit manager’s counsel to negotiate the terms of a settlement agreement.
- Obtained a favorable settlement on behalf of a pharmaceutical benefits manager over a contractual dispute with a pharmaceutical manufacturer. The pharmaceutical manufacturer audited the benefits manager’s drug utilization claims, alleging overpayment by more than $866,000 in drug rebates. The settlement terms provided a release of all claims for $70,000, a fraction of the overpayment determination.
- Obtained a favorable settlement on behalf of a behavioral health sciences client over a reimbursement dispute with a major insurance company claiming that our client was overpaid for services provided to the company’s insured.
- Obtained a favorable settlement on behalf of a physician client over a payment dispute with a health plan sponsor who underpaid the physician for surgeries performed, resulting in Akiva filing a lawsuit and subsequently settling the case.
- Defended a testing center affiliated with a major university in a Medicare fraud and False Claims Act matter brought by the government, alleging overbilling practices. Akiva argued a successful motion to quash opposing counsel’s efforts to subpoena a third-party witness, citing privacy concerns.
- Obtained a favorable settlement on behalf of a behavioral health services client who participated in a state program that allowed for loan forgiveness, provided that they followed the terms of the agreement for their homeless shelter. After the agreement ended, the government refused to forgive the loans, alleging that the shelter had improperly refused service to members of its target population. Following negotiations, a settlement was reached that included the forgiveness of two loans and subordination of the remaining loan in exchange for the client’s commitment to continue operations for a minimum of four additional years.
- Represented a hospital system in a contract dispute over the sale of one of California’s biggest Catholic hospital systems. Akiva researched a wide array of issues in preparation for the client’s motion for summary judgment, in addition to conducting document review and drafting several motions.
- Researched and wrote comprehensive guidelines on behalf of a client that wanted to close a pharmacy and relinquish its license.
- Assisted a drug and alcohol rehabilitation center in navigating several states’ laws and regulations governing the storage and administration of Naloxone, a resuscitative drug for individuals experiencing an opioid overdose.
- Analyzed the laws and regulations in over 30 states, synthesizing them into a set of guidelines that enabled the client to institute a nationwide pre-paid gift card program for its patients in compliance with the Byzantine regulations governing healthcare marketing and business practices.
- Analyzed website business models and counseled the client on potential fee-splitting, anti-kickback, and other regulatory issues involving chiropractic entity client’s plan to engage with a third-party website referral service.
- Analyzed state laws in which a telehealth entity client operated, guiding the through the intricacies of internet identity verification and various state law requirements to ensure client’s telehealth practice was fully compliant with each state’s laws and regulations.
California
J.D., Cornell Law School
M.A., Yeshiva University
B.A., Brandeis University
California Bar Association
Best Lawyers
Best Lawyers: Ones to Watch, Best Lawyers Magazine (2024-2027)
Super Lawyers
Rising Star, Southern California Super Lawyers Magazine (2020-2025)
Chambers USA
Member of Leech Tishman’s Healthcare Practice Group, ranked Band 5 for Healthcare in California, Chambers USA Guide (2026)
