Robert W. Shaw

Practice Areas

Robert Shaw has extensive experience in solving health care and tax challenges important to clients. He regularly handles complex restructuring, M&A work on the buyer side and seller side, Medicare and Medicaid audits, value-based care projects, tax planning and controversy, hospital joint ventures, employment agreements, corporate advice and regulatory compliance. He has represented clients in transactional matters across the country, including public companies, hospitals, accountable care organizations, private equity firms, and regional and national health care providers. Robert has also represented clients in tax controversies, audits, tax planning, and compliance matters involving a broad range of issues at federal, state and local levels in multiple jurisdictions.

Career

Co-Chair, Health Care Team

Professional Memberships

American Health Lawyers Association

North Carolina Society of Healthcare Attorneys

North Carolina Bar Association

Publications

• “Regulatory Considerations for Direct Pay and Concierge Models in Family Medicine,” North Carolina Family Physician (May 9, 2023)

• “The CARES Act: $2.0 Trillion for COVID-19 Related Stimulus and Relief” (March 27, 2020)

• “Telehealth Availability and Access to Health Records Increase in Light of the COVID-19 Emergency” (March 26, 2020)

• “ACOs Have New Options for Beneficiary Incentive Programs” (January 17, 2019)

• “Deadline to Participate in the Revamped Medicare Shared Savings Program is Fast Approaching” (January 9, 2019)

• “North Carolina Reforms Laws on Forced Combination; Department of Revenue Responds With Its Interpretation, Journal of MultiState Taxation and Incentives (2012)

• “What the Courts Think of North Carolina's Forced Combination Rules and Related Penalties,” Journal of MultiState Taxation and Incentives (2011)

• “New Battleground of Plan Fiduciary Liability for 401(k) Plan ‘Excessive Fees,’” The Business Lawyer (2009)

Work Highlights

• Represented academic medical institution in $3.4 billion health system joint venture deal.

• Represented target with multi-state operations in auction sale involving over $100 million deal price.

• Advised a multistate skilled nursing, home care, and I/DD company in a definitive agreement to acquire the largest home care company in Rhode Island.

• Represent accountable care organizations and value-based care initiatives around the country in formation, regulatory compliance, and contracting.

• Advised one of the largest providers of community-based intellectual and/or developmental disability services in a definitive agreement to acquire a regional home health services company.

• Represented client in $25 million tax credit controversy with North Carolina Department of Revenue.

• Advised hospital on health care regulatory compliance with blockchain cryptocurrency project.

• Advise client in negotiation of joint venture for large regional Medicaid managed care contract.

• Represented specialist practice in unwinding exclusive relationship with large regional health system.

• Defended challenge to a certificate of need award with favorable settlement preserving CON award

• Assisted large accountable care organization with innovative joint venture with blockchain-based patient and provider engagement application.

• Assisted specialty medical practice in negotiating terms separation from health system.

• Represented taxpayer in appeal of FBAR penalty before U.S. Court of Federal Claims.

• Represented Florida provider of intellectual and developmental disabilities services in acquisition of five-location provider of I/DD services.

• Advised a provider of services to people with intellectual and/or developmental disabilities in definitive agreements to acquire other providers of support and services to help individuals with development and physical disabilities.

• Represented seller in sale of five-location behavioral health treatment facility.

• Assisted buyer in hospital acquisition involving complex public financing regulatory compliance.

• Represented buyer in $16 million financing and acquisition of regional developmental disabilities company.

• Negotiated and drafted physician and joint venture contracts.

• Successful appeal of termination decisions by managed care organizations and Department of Health and Human Services.

• Resolution of provider audits via settlement and motions practice.

• Litigation of health care provider audits across the country.

• Provided tax planning and compliance advice in statewide acquisition of rental properties companies.

• Represented clients in property tax audits and controversies pertaining to valuation, exemptions, exclusions, and present use matters.

• Successful defense of class action lawsuit brought by North Carolina counties regarding occupancy taxes in federal court, including appeal to the U.S. Court of Appeals for the Fourth Circuit.

• Favorable resolution of employment tax audits with the Internal Revenue Service.

Languages Spoken

English, French

Education

Industry Sector Expertise

Health Care

Value-Based Care

Health Information Technology

Private Equity

Finance