david b. darden

Partner

Atlanta

f: (404) 522-8409

"David is an outstanding attorney and a pleasure to work with. He's extremely sharp and intelligent. He can handle the most complex issues and make them understandable and manageable."

Chambers USA 2024

Overview

David Darden is a client-oriented attorney with two primary areas of emphasis: advocating for healthcare providers in the regulatory process and advising both healthcare and other clients during technology contract negotiations. David’s extensive historical litigation experience helps him provide his clients with a uniquely valuable perspective in these processes.

On the healthcare side, David's practice centers on representing hospitals and other providers in Georgia's certificate of need program. He also helps such clients with reimbursement disputes, Medicaid eligibility appeals, state licensure, and various other disputes arising in the context of healthcare.

David's technology contract practice evolved out of years of litigation experience dealing with ill-considered agreements between clients and their technology vendors. He regularly advises clients when negotiating software licenses and SaaS agreements, source code escrow, and other critical technology contracts.

David is passionate about seeing his clients succeed and achieve their goals. His work is centered around being a strategic advocate for his clients: aggressively representing healthcare entities in regulatory issues and disputes, and negotiating technology deals that protect his clients and best position them for success.

Experience

Negotiate SaaS agreement for cloud-based servicing of all consumer loans.
Assist in strategic rethinking of entire IT system, vendor replacements, e-commerce portals, franchise support systems.
Negotiate SaaS agreements regarding payment processing, logistics, package tracking.
Negotiate SaaS agreement and source code escrow to ensure redundancy and survivability of critical logistics functionality.
Analyze health provider's existing rights vis-à-vis critical supplier of customized SaaS, consulting, and processing services and advise client as to strategic re-alignment to gain greater control of critical IP.
Advise health provider in dispute with EMR vendor regarding patient data "held hostage" over payment and termination dispute.
Negotiate EMR, patient portal, and patient feedback technology agreements.

Compelled specific performance of a multi-million dollar commercial real estate purchase transaction and obtained an award for attorneys' fees and costs.
Successfully defended two major banks against putative class action claims in excess of $500 million as part of the nationwide Checking Account Overdraft Litigation MDL and obtained complete dismissals after four years of litigation before federal district courts, the Eleventh Circuit, and the United States Supreme Court. Claims against both banks ultimately were dismissed.
Represented WellStar Health System's flagship hospital (WellStar Kennestone Medical Center) in obtaining regulatory approval for the development of a hospital-based outpatient surgery center. That regulatory approval was challenged and appealed by HCA Cartersville Medical Center and HCA Marietta Surgery Center. We obtained a decision from the Court of Appeals upholding the regulatory approval and establishing new law regarding Georgia administrative agency appellate procedures.
Acted as lead counsel defending Columbus Regional health flagship hospital, Midtown Medical Center, in connection with an investigation regarding its regulatory authority to operate a five mega voltage radiation therapy unit service. Successfully concluded with an agency decision finding that all regulatory requirements are satisfied.
Successful representation of not-for-profit hospital in obtaining a Certificate of Need for an ambulatory surgery center over the opposition of a competing healthcare system following an evidentiary hearing.
Successful representation of not-for-profit hospital in opposing request for Letter of Non-reviewability submitted by a physician seeking to establish a franchise location of a national for-profit freestanding imaging center provider, reversing DCH's initial LNR Ruling following an administrative appeal.
Successfully represented not-for-profit health system in obtaining a Certificate of Need to establish a radiation therapy program at a new hospital over the opposition of various existing providers following an evidentiary hearing and appeal.
Obtained CON approval for the development of new a hospital emergency department for Columbus Regional Health Northside Hospital. Representation included obtaining a final agency decision after an administrative trial and subsequent appeal to agency commissioner by competing health care system. We were also able to obtain a ruling that the client hospital be considered a general, not specialty hospital. That ruling enabled hospital to expand their range of services in the future.

Thought Leadership

Co-Presenter, "Artificial Intelligence in Healthcare - Use Cases and Cautions," Georgia Hospital Association 2024 Georgia Academy of Healthcare Attorneys (GAHA) Annual Meeting and Health Law Update (May 10, 2024)
Featured, "Judgment Vacated: Hospital's Certificate of Need Conveyed Private Right," Daily Report (February 8, 2024)
Featured, "An Old Letter Raises Legal Question of Public or Private Right," Daily Report (September 1, 2023)
Presenter, "Chatting about ChatGPT: Navigating the Legal Implications of Using Current Generation AI In Your Business," Association of Corporate Counsel/Pro Bono Partnership of Atlanta CLE Challenge (August 16, 2023)
Presenter, "Georgia Certificate of Need Law Update," Georgia Hospital Association Georgia Academy of Healthcare Attorneys (GAHA) Annual Meeting and Health Law Update (May 20, 2022)
Presenter, "How Artificial Intelligence (AI) is Transforming Health Care and the Legal Ramifications," ALHA Physicians and Hospitals Law Institute (February 2019)
Panelist, "New Year/New Challenges: Hot Topics for In-House Counsel in 2019," Association of Corporate Counsel Monthly Luncheon (January 2019)
Author, "Ten Tips for Negotiating Software Licenses and Service Agreements," Parker Hudson Client Alert (January 28, 2019)
Author, "Jury Verdict for Software Vendor Demonstrates Importance of Negotiating SaaS Agreements," Parker Hudson Client Alert (August 2, 2018)