Vinay Kohli

Vinay Kohli is unique in his dual role as a trial attorney and health care regulatory lawyer, allowing him to represent health care industry clients in complex matters.

One case he handled involved Brius LLC, the largest owner and manager of skilled nursing facilities in California. The litigation arose from Brius's acquisition of membership interests in skilled nursing facilities from a former business partner while a Department of Justice investigation was ongoing. Kohli used California's "blue sky" securities laws to challenge contractual provisions that attempted to shift investigation risks to the buyer.

The case went to trial in 2022, but a mistrial occurred due to the COVID-19 outbreak. However, strong evidence obtained from the DOJ paved the way for a favorable settlement before the retrial. This case demonstrates how state securities laws can protect health care business buyers from undisclosed compliance and investigative risks.

"The most significant obstacle in the Brius matter was persuading a court, and then a jury, that the seller had engaged in undisclosed criminal misconduct that warranted unwinding the transaction, even though the federal prosecutors who had previously investigated the matter had not charged the seller with a crime," Kohli said. "The other challenging aspect was the attempt to overcome the assertion of the Fifth Amendment by the seller's alleged co-conspirators who had already been convicted."

Kohli highlighted several trends in the health care field that require attention. He said the prohibition against the corporate practice of medicine, especially in California, is subject to potential changes that could significantly impact health care providers and their compensation for medically necessary services. Variations among commercial payers in coverage and reimbursement create uncertainty and drive litigation.

The evolving technology in health care, such as artificial intelligence, requires clients to develop models that can adapt to regulatory shifts in the absence of clear guidance.

"On the topic of health care technology, an area in which the work is fascinating, the rate at which technology evolves is going to create additional business and legal risk," Kohli said.

Outside of his legal work, he is currently litigating a prisoner's rights class action, representing a putative class of prisoners in Mississippi who allege systematic failures in meeting mental health and medical needs. He also serves on the board of governors of the American of Business Trial Lawyers, Los Angeles Chapter.