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American Bar Association

ABA Career Counsel
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Attorney By Attorney
Career Profiles of the Profession

Who?

Katherine Benesch
Partner
shartsfield@hklaw.com

What?

Primary Practice Area:
Health Law, Civil Litigation, Employment Law, Administrative (Regulatory); ADR.

When?

Years in Practice Area:
Since 1980

Years in the Legal Profession:
Since 1980

Where?

Employer:
Duane Morris LLP
www.duanemorrisw.com

Size/Sector:
Law firm of 506 lawyers

City/State:
Princeton, NJ



Law School:
Duquesne University School of Law

Other Post-Graduate Education:
Yale University School of Medicine (M.P.H.)


Undergraduate School/Degree:
Wheaton College (MA), BA



Why?
Pluses/Challenges of Practice Area:
Health Law is always changing and allows attorneys working n the field to be very creative. The challenge is to keep up with the constant change, new law, regulations and practice structures.

Core Skills/Key Knowledge Needed in Practice Area:
Be a clear thinker, a good writer and a hard worker. Must have knowledge of health and medical institutions and structures, knowledge of Medicare/Medicaid and all of the areas where the federal and state governments regulate health care.

Advice to Law Students/Lawyers Interested in your Practice Area:
You must be able to work with physicians and be able to understand and explain complex regulatory mechanisms and structures to clients. There are many types of legal analysis and work required in the health care field, so you must be proficient in at least one of them.

How?

Career Path to Current Position:
Health Administrator (M.P.H. Yale, 1970); Private Practice of Law in Firm; In-House General Counsel in Major Teaching Hospital; Principal in own small law firm; Partner in State Law Firm to Partner in National Law Firm.

Suggested Reading About Your Practice Area:
American Health Lawyers' Association Publications

Job Search Techniques Used in Finding Your Position(s):
Reading Professional Publications, word-of-you, networking.


Bar Affiliations and Activities:
Health and Hospital Law Section of New Jersey State Bar Association (Past Chair); Princeton Bar Association (Past President); American Health Lawyers Association (Vice Chair, Labor and Employment Law Practice Group); Princeton, Mercer County, New Jersey State Bar Associations; American, Pennsylvania and Allegheny County Bar Associations; American Trial Lawyers Association; Healthcare Financial Management Association; Association of the Federal Bar of the Sate of New Jersey; Certified Healthcare Mediator-American Health Lawyers Association; Mediator for the Superior Court of New Jersey.
Recent Professional Publications:
Benesch and Williams, Joint Negotiation OK by Doctors under New Jersey Law, American College of Surgeons, New Jersey Chapter, Spring 2002.
Update on ERISA and Managed Care Liability, New Jersey Institute for CLE, October 2001.
Introduction to Health Care Law, Pennsylvania Bar Institute, June 2001.
New and Revised Anti-Kickback Safe Harbors, New Jersey Institute for CLE, September 2000.
Selected Fraud and Abuse Laws, Regulations and Penalties, Lorman Education Services, July 2000.
Recent Developments in New Jersey Health Law, Pennsylvania Bar Institute, March 2000.
Recent Professional Presentations:
Nontraditional Physician Relationships, American Health Lawyers Association (Teleconference, 2003)
Fraud, HIPPAA and Risk Management, American Society of Abdominal Surgeons (Tampa, 2002).
Long Term Care Malpractice: Are the 5 Myths True?, Gerontology Institute of New Jersey (West Caldwell, 2002).
The Success of Alternate Dispute Resolution in Resolving Healthcare Cases, NJICLE, (September 2002).
Mandatory Arbitration in Employment-The Impact of the U.S. Supreme Court's Decisions in Waffle House and Circuit City and the Practical Realities of Implementing a Mandatory Arbitration Program, American Health Lawyers Association (Teleconference, 2002).
Practical Considerations for Healthcare Employees and Physicians Faced with Mandatory Arbitration, American Health Lawyers Association (San Francisco, 2002).
The Success of ADR in Resolving Health Care Cases, New Jersey Institute for CLE (Edison, 2002).
Liability and Risk Management in Long Term Care, Gerontology Institute of New Jersey (Andover, 2002).
Restructuring Provider Contracts in Light of Legislative and Regulatory Reform, American Conference Institute (New York, 2001).
Negotiating with Managed Care, Physicians Conference 2000 (Atlantic City, 2000).
Memorable Career Moment:
Winning my first jury trial; securing insurance coverage for bone marrow transplant for a young breast cancer patient (which saved her life).
Intriguing Interests:
Photography, gardening, spending time with my husband.