Barclay Damon
Barclay Damon

Linda J. Clark

Linda J. Clark

Partner

p: 518-429-4241

f: 518-427-3498

icon_email lclark@barclaydamon.com
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Albany Office

80 State Street
Albany, New York 12207

Linda Clark is a nationally recognized litigator and chair of the firm’s Health Care Controversies practice. Over the past two decades, she has served as lead litigation counsel, as well as national, regional and local counsel, in a diverse range of matters including the prosecution and defense of claims brought in state and federal courts on behalf of large groups of business and institutional clients including New York’s sprawling failed trust litigation.

In the health care arena, Linda is a trusted advisor to health care providers, pharmaceutical companies and pharmacies nationwide with regard to the resolution of high-stakes disputes and government investigations. She represents health care professionals and entities in administrative proceedings, hearings and appeals before various federal and state regulatory agencies including the New York Office of the Medicaid Inspector General, New York State Department of Health, and New York State Workers’ Compensation Board.

Linda’s practice also focuses on complex multi-party litigation. She has vast experience as regional, national and trial counsel, representing drug manufacturers, product manufacturers, and contractors in the defense of class certification applications and mass tort claims. She has successfully litigated and managed thousands of asbestos cases for Garlock and other national and regional manufacturers. These engagements have included extensive trial work, leading to four New York verdicts in the upstate asbestos litigation, as well as the successful management and coordination of discovery and national trial strategies. For the past 15 years, Linda served as the court-appointed defense liaison counsel for three jurisdictions in the Northern District of New York. She has also represented insurers, health-related providers, third-party administrators, and other regulated entities in investigative and regulatory proceedings before New York State agencies.

Linda was selected as a Top 100 "Super Lawyers" in the State of New York in 2017; listed in The Best Lawyers in America, 2013- 2017 for mass tort litigation/class actions – defendants; and selected by peer review for inclusion in Super Lawyer directory 2010-2016 for business litigation. She is a frequent lecturer, organizer and contributor of written materials at accredited national, regional and local continuing legal education programs for attorneys, including seminars presented by Harris Martin, HB Litigation Conferences, the New York State Bar Association, the Women's Bar Association of the State of New York, and the state and federal Judicial Advisory Council.

Representative Experience

  • Health Care
    • Successful engagements as lead health care litigation partner in diverse Supreme Court Article 78 actions challenging state policies and obtaining injunctive relief and challenging a range of agency actions by the OMIG against providers, including the imposition of withholds, improper provider termination and the failure to admit qualified providers to the Medicaid program.
    • Hearing counsel to a national pharmacy chain in a series of successful Medicaid audit hearings, challenging the State’s extrapolation and findings. 
    • Handled high-profile Federal Civil Rights case against the NYS Office of Medicaid Inspector General and the NYS Department of Health and both agencies' leaders and employees alleging that the OMIG, DOH, and the agencies' agents overstepped the State's legitimate auditing authority and took unauthorized and improper actions, including disparagement of client to its customers. Successfully defended against motion to dismiss made by defendants allowing the case to go forward in Federal Court pursuant to a widely published landmark decision. 
    • Represents over 150 health care, manufacturing, and other business and institutional clients in mass/class litigation arising out of the failure of various self-insured trusts involving over $500 million in claims in state, federal, bankruptcy, and Article 78 litigation.
  • Mass Torts/Product Liability
    • Handled numerous trials of in extremis mesothelioma asbestos cases on behalf of a national manufacturer involving naval exposure and other industrial exposures resulting in numerous defense verdicts and most recently a minimal 2% allocation of $7 million verdict. 
    • Serves as court-appointed liaison counsel (2001-present) representing over 130 law firms practicing in the upstate New York asbestos litigation within the 3rd, 4th and 5th Judicial Districts; responsible for coordinating litigation with courts and counsel for all parties. 
    • Over 19 years of experience representing Fortune 500 companies, as lead litigation partner in complex product liability and multi-party mass tort litigation as local, regional and national counsel, handling cases from discovery to trial. Defends premises owners and manufacturers and distributors of consumer and intermediary goods and equipment, including building and construction materials, automotive parts, heating products, sealing products, molding compounds, pumps, paper mill equipment, and other equipment and machinery. Serves as court-appointed defense liaison counsel in most Upstate New York jurisdictions representing more than 150 defense firms and assisting the courts and their staffs in managing hundreds of trial-listed asbestos cases. Has tried six mesothelioma cases, with the majority of verdicts resulting in defense verdicts, dismissals, or nominal verdicts. 
    • Representation of global energy client as lead litigation partner in defense of Federal catastrophic transnational personal injury claim related to electrical grid operations in Ukraine.
  • Additional Experience 
    • Serves as hearing officer for the New York State Commission on Judicial Conduct, hearing cases involving allegations against members of the judiciary throughout the State. 
    • Represents public higher education institutions, including a recent landmark decision from Court of Claims securing dismissal of wrongful death claim against University in case arising out of unauthorized dorm room boxing match. 
    • Served as a member of, and then counsel to, the planning Board of the Town of Guilderland from 2004 through 2011, counseling the Board and Town regarding various matters pertaining to zoning and planning in various related procedural and environmental issues.
    • Serves by appointment as a member of the Board of Governors of the Part 137 Federal Dispute Program.
    • Serves as a member of the NYSBA Committee on the Constitutional Convention (2015-present).

Practice Areas

Education

  • Albany Law School of Union University, J.D., cum laude, 1991
  • Siena College, B.A., magna cum laude, 1988

Admitted To Practice

  • Massachusetts, 2002
  • New York, 1992
  • U.S. Supreme Court
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Western District of New York
  • U.S. District Court, District of Massachusetts

Memberships & Affiliations

  • The American Society of Legal Advocates
  • Court Appointed Liaison Counsel to Defendants in Asbestos Litigation, Third, Fourth, and Sixth Judicial Districts
  • New York State Judicial Conduct Commission, Hearing Officer, 2010-present
  • New York State Conference of Bar Leaders, Chair (2008-2010), Executive Council, 2004-present
  • New York State Bar Association, Commercial and Federal Litigation Section Executive Committee, Member, 2001-present 
  • State and Federal Judicial Advisory Council, Member, 2009-present
  • Capital District Women’s Bar Association, Board Member (1993-2008) and Past President, (2007-2008)

Civic Activities

  • Town of Guilderland, Planning Board Attorney, 2007-2011
  • Project Strive, Albany, New York, Member, Board of Directors, 2007-2010
  • Guilderland Democratic Committee, Committee member, 2005-2010

Speaking & Publications

  • "Attorneys React To High Court's FCA Liability Ruling," Law 360, June 16, 2016
  • "New York Update- A Trio of Verdicts," Presenter, American Conference Institute- Asbestos Conference, January 2016, Philadelphia
  • "Implication of the 60 Day Window for Reporting and Repayment of Overpayments, etc.," NYSBA Health Law Section Annual Meeting, January 27, 2016
  • Litigating Asbestos Cases in Today's Environment “Asbestos Decisions and Verdicts in New York - Its all about the shares”, Perrin Conferences, Speaker, December 2015
  • “Garlock- The decision and its aftermath, Mirage or Paradigm Shift?,” Presenter, American Conference Institute- National Asbestos Summit, June, 23, 2015
  • "Audits and Litigation Developments," Hiscock & Barclay Health Law Symposium, June 25, 2014
  • "Court Battle Over NY Health Regulations Will Continue," Law360, April 29, 2014
  • "Withhold Now and Ask Questions Later - Withholds and Recoveries of Medicaid Overpayments by OMIG," NYSBA Health Law Journal, Spring 2014
  • "NY Managed Care Organizations Flex Muscle Under ACA," Law360, January 21, 2014
  • Co-Chair 2013 State and Federal Judicial Council CLE – Forum Consideration in State and Federal Court Systems, Justice Richard T. Aulisi as representative 
  • Presentation to Pharmacist’s Society of State of New York regarding OMIG, DOH and PBM litigation developments, June 2012 
  • HB National Asbestos Litigation Conference, October 2012 Chicago Presentation 
  • “Ethics in State and Federal Court Systems”, Program Chair of State and Federal Judicial Council CLE, June 2011
  • “Upstate New York: What’s New?,” HarrisMartin’s New York Asbestos Litigation Conference, June 2011

Honors

  • Selected as a Top 25 Women Lawyer in Upstate New York in Super Lawyers, 2017
  • Martindale-Hubbell “AV” Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability
  • Selected by Peer Review for Inclusion in Super Lawyer Directory 2010-2017 for Business Litigation and Healthcare
  • The Best Lawyers in America, 2013-2018 for Mass Tort Litigation / Class Actions - Defendants
  • Selected as a Top 100 Health Care Lawyer in the State of New York

Prior Experience

  • Hiscock & Barclay, LLP, Partner
  • Iseman, Cunningham, Riester & Hyde, LLP, Partner (1994-2004)

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