Samuel E. Farkas
Counsel
Overview
Sam Farkas is a counsel in Crowell & Moring's Health Care Group, where he represents clients across health care litigation, regulatory matters, and No Surprises Act independent dispute resolution. Sam brings a distinctive perspective to his practice rooted in more than a decade of experience spanning electronic discovery and information governance, labor and employment compliance (including OFCCP affirmative action programs and adverse impact analysis), and managed care. That foundation translates directly to the challenges facing health care organizations today, from government investigations and enforcement actions to data privacy disputes, where the ability to strategically manage, analyze, and present electronic health records and sensitive patient data can be outcome-determinative.
Sam earned his J.D. from Widener University School of Law, where he served as a research assistant.
Career & Education
- Temple University Beasley School of Law, Master of Laws, Taxation and Estate Planning, 2011
- Widener University, J.D., 2010
- Widener Law Journal : Pennsylvania Law Editor, Best Associate Staff Editor, Fall 2008
- Student Mentor Program: Academic Support Fellow, Sales and Leases
- Phi Kappa Phi
- Dean's List
- Certificate of Achievement, Criminal Law
- International Law Institute (Venice, Italy), Summer 2009
- Pennsylvania State University, B.S., economics, 2004
- Dean’s List; Ted and Tracy McCourtney Renaissance Scholarship; Suzanne Pohland Paterno Scholarship
- District of Columbia
- Pennsylvania
- Law Clerk, Honorable James Fitzgerald, Superior Court of Pennsylvania, 2011
Representative Matters
- Advising Blue Shield of California on a large-scale Independent Dispute Resolution (IDR) matter arising under the federal No Surprises Act, managing a high-volume docket of disputes in compliance with the NSA's administrative framework. Led the operational and strategic transition of the matter across firms, restructuring the case team and workflow infrastructure to maintain continuity and efficiency during the transition period. Built and oversaw a scalable case management model incorporating a four-person case assistant team capable of handling significant delegation of IDR filings and related tasks.
- Assisted in the defense and prosecution of post-IDR litigation arising under the No Surprises Act on behalf of a major regional health plan, including drafting and filing answers, motions, and correspondence with opposing counsel. Leveraged prior NSA regulatory knowledge to serve as a key fact investigator and interpretive resource, assisting senior litigators in analyzing client documents and synthesizing complex factual records in support of litigation strategy.
- Representing a major managed care organization in federal litigation arising from No Surprises Act IDR proceedings, with responsibility for factual research and the drafting of complaints in an emerging and rapidly developing area of health care law. Collaborated across a multidisciplinary team of experienced litigators and associates to advance novel legal theories in a practice area with limited precedent, contributing to the development of the firm's strategic approach to NSA post-IDR disputes.
- Advised Centene Corporation indesigning and implementing an end-to-end IDR filing program under the federal No Surprises Act, including the developing a case management database, a suite of template briefs, and a training protocol for a dedicated case team. Drew on prior experience building a comparable program for a major California-based health plan to guide program architecture and operational best practices, positioning the client to handle high-volume NSA disputes efficiently and consistently.
- Advised a state BlueCross BlueShield affiliate on all operational and strategic aspects of its federal No Surprises Act Independent Dispute Resolution program, coordinating a cross-functional team of more than 20 members while driving process improvement initiatives to increase program efficiency and scalability. Served as team leader through the full life cycle of the engagement, maintaining partner-level reporting, managing significant workload surges, and contributing to strategic decision-making through the client's ultimate transition of the program to a vendor.
- Represented a broad portfolio of federal contractor clients (including two Ivy League universities, land-grant research universities, and numerous other prominent colleges and universities; two global food companies; a global investments company; the world's leading manufacturer of safety products; two global information management enterprises; energy and utility companies; a collection of museums; and an international humanitarian organization)in Office of Federal Contract Compliance Programs (OFCCP) Compliance Evaluations, successfully guiding several evaluations to favorable resolutions. Managed comprehensive agency response packages encompassing affirmative action plans, personnel activity analyses, pay equity analyses, and targeted investigative responses under agency-imposed deadlines, and advised clients on post-conciliation remediation obligations and mandatory progress reporting. Led proactive top-to-bottom compliance audits for clients newly identified on OFCCP scheduling lists, preparing Affirmative Action Programs for government scrutiny before evaluations commenced.
- Advising a major corporate client undergoing multi-year organizational restructuring on the preparation of Older Workers Benefit Protection Act (OWBPA) disclosures in connection with successive reductions in force, ensuring compliance with the ADEA's procedural requirements for valid age discrimination waivers. Expanded this practice firm-wide, serving as a cross-practice resource for colleagues requiring OWBPA compliance support in connection with workforce restructuring transactions across the health care and corporate sectors.
