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Robert W. Shaw

Partner
AA Contact Info

Celeste Kelliher
Phone: 919.838.2004
ckelliher@smithlaw.com

Overview

Robert Shaw joined Smith Anderson in 2018 and serves as head of the Health Care practice. Robert has extensive M&A, health care, and tax experience, including representation of clients on the buyer side and seller side in mergers and acquisitions, in Medicare and Medicaid audits, tax planning, business transactions, drafting physician agreements and employment agreements, corporate advice, and regulatory compliance. He represents clients in acquisitions, including private equity firms, regional and national health care providers and hospitals.

Robert also has a robust health care regulatory practice, including advising clients with respect to HIPAA, Anti-Kickback Statute, and Stark Law matters around the country. He has advised health care clients with respect to CLIA certification, enrollment and credentialing issues, managed care organization relations, and Affordable Care Act compliance. He has broad experience with regulatory compliance issues faced by physician groups, ambulatory surgical centers, hospitals, developmental disabilities providers, home health and hospice providers, substance abuse clinics, mental health providers, skilled nursing companies, and speech therapy agencies.

Prior to joining Smith Anderson, Robert was the managing partner of the Raleigh office of a large national law firm.

  • North Carolina Bar Association
  • American Bar Association
  • North Carolina Association of Healthcare Attorneys
  • Executive Committee, Occoneechee Council, Boy Scouts of America
  • The First Tee of the Triangle
  • Pro bono representation of clients referred from Legal Aid of North Carolina
  • Board member, St. Thomas More Society
  • Past member, North Carolina Advisory Committee for the U.S. Commission for Civil Rights
  • United Arts Council office fund drives
  • Past Chair, Triangle Chapter of the Federalist Society
  • Past Co-Chair, Triangle Chapter of the Institute for Professionals in Taxation

North Carolina Super Lawyers, Rising Star (2013 - 2017)

Experience

Experience

  • 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.

News & Publications

Publications

  • Twelve articles for LexisNexis N.C. Practice Insights
  • Co-author, North Carolina Reforms Laws on Forced Combination; Department of Revenue Responds With Its Interpretation
    2012
    Journal of MultiState Taxation and Incentives
  • Co-author, What the Courts Think of North Carolina’s Forced Combination Rules and Related Penalties
    2011
    Journal of MultiState Taxation and Incentives
  • New Battleground of Plan Fiduciary Liability for 401(k) Plan “Excessive Fees"
    2009
    The Business Lawyer
  • The States, Balanced Budgets, and Fundamental Shifts in Federalism
    2004
    North Carolina Law Review
  • Punitive Damages in Medical Malpractice: An Economic Analysis
    2003
    North Carolina Law Review

Events & Webinars

Events

  • "A Legal Update for Medicaid Providers," Association for Home & Hospice Care of North Carolina, Raleigh, N.C.
    2014
  • "North Carolina Update," PESI
    2011
  • "Antitrust and Unfair Business Practices," Wake Forest University School of Law Annual Business Law Update, Winston-Salem, N.C.
    2008

Bar & Court Admissions

  • North Carolina
  • U.S. District Court, Eastern District of North Carolina
  • U.S. District Court, Middle District of North Carolina
  • U.S. District Court, Western District of North Carolina
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Federal Claims

Education

  • University of North Carolina School of Law, J.D., 2004
    • Chancellor’s Scholar
  • Wake Forest University, B.S., Mathematical Economics, 1999
    • Presidential and Carswell Scholar
    • Phi Beta Kappa
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