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Bryna Shmerling

Bryna Shmerling

Of Counsel
About

Bryna Shmerling is a member of the firm’s Healthcare Industry team in the New York office.

Bryna is a trusted and creative healthcare advisor with extensive experience counseling hospitals and health systems, healthcare providers, healthcare-adjacent technology companies, clinical laboratories, biotechnology and pharmaceutical companies, medical device companies, and healthcare startups in a wide range of transactional, regulatory, and compliance matters. Her practice focuses on complex healthcare transactions, healthcare regulatory and compliance counseling, government enforcement matters and internal investigations for healthcare companies.

Bryna has extensive experience structuring transactions involving the acquisition or sales of healthcare entities, including urgent care centers, physician practices, pharmaceutical and medical device manufacturers, and healthcare-adjacent technology companies. She has advised private equity companies, public companies, small businesses and individual healthcare providers, and has drafted and negotiated asset and stock purchase agreements, employment agreements, managements and administrative services agreements, and shareholder stock restriction agreements, and has advised clients on corporate structures and governance issues.

Bryna also has deep experience in healthcare regulatory and compliance matters. She has led regulatory due diligence investigations, internal investigations, and advised clients regarding material risks related to acquisitions or sales arising under state and federal fraud, waste and abuse laws, including the federal and state false claims acts, the federal Antikickback Statute and state equivalents, and HIPAA, as well as licensing and corporate practice of medicine issues.

Bryna has also advised on clinical trial agreements and navigated clients through issues related to clinical research and trials, including informed consent, federal and state right to try, and fraud, waste and abuse laws.

Bryna has focused her practice on complex healthcare transactions and regulatory and compliance matters throughout her career. She is a member of the American Health Lawyers Association, American Bar Association, and the New York City Bar Association and was voted to the 2021 and 2022 Best Lawyers in America, Ones To Watch List for Health Care Law. She has published several articles on various healthcare regulatory and compliance issues. She is a graduate of the University of Maryland Francis King Carey School of Law and the University of Wisconsin-Madison.

Bar admissionsDistrict of ColumbiaMarylandNew JerseyNew York
CourtsSupreme Court of the United States
Education
  • J.D., University of Maryland Francis King Carey School of Law
    magna cum laude
  • B.S., University of Wisconsin-Madison

Awards

  • Best Lawyers: Ones to Watch, Health Care Law, 2021, 2022, & 2023
  • Super Lawyers: New York Metro “Rising Star,” Health Care Law, 2022 & 2023 

Bylines

  • "Chapter 9: Privacy and Security Provisions," AHLA Health Care Contracts: A Clause-by-Clause Guide to Drafting and Negotiation, pending publication in 2024

Memberships And Affiliations

  • American Health Lawyers Association
  • American Bar Association
  • New York City Bar Association

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