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Mackenzie Wallace

Partner

Dallas
972 629 7124 972 629 7124 direct


Mackenzie is an experienced trial attorney representing health care entities, businesses, and directors in high-stakes litigation. Hospitals and health care providers turn to Mackenzie for representation in coverage and reimbursement disputes; fraud, and civil RICO claims; Texas Prompt Pay Act, qui tam, and False Claims Act litigation; and matters relating to the violation of federal and state anti-kickback provisions and Stark laws.

Corporations, business owners, and directors use Mackenzie's nuanced counsel for shareholder and securities litigation, corporate and shareholder rights, director and officer litigation, and merger litigation. She also helps clients navigate class action lawsuits alleging breaches of fiduciary duty and securities fraud and advises companies and individual directors facing DOJ and SEC investigations. Additionally, Mackenzie represents Receivers in multiple SEC receivership actions.

Mackenzie advises numerous companies regarding antitrust policy and compliance matters, and represented retailers and manufacturers facing antitrust suits.

She also handles cybersecurity policy and litigation, and develops and enforces privacy and data security policies.

Health Care Litigation

Represents hospital and healthcare providers in managed care disputes with insurance companies.

Represented out-of-network health care providers in reimbursement litigation for services rendered to insured patients.

Represented health care providers in regard to investigations of audits and fraud.

Represented a national pharmaceutical company's response to a Civil Investigative Demand and defense of alleged violations under the Texas Medicaid Fraud Prevention Act from the Texas Attorney General's Office related to the company's drug price reporting.

Represented health care providers in fraud and civil RICO matters, both as plaintiffs and defendants.

Represented a health care provider in matters related to a third-party subpoena in federal court.

Represented a health care provider in responding to civil investigative demands (CIDs) from the federal government.

Representing health care providers enforcing their rights under the Texas "prompt pay" statutes.

Securities and Corporate Governance Litigation

Representing owner of closely-held companies in breach of contract and fiduciary duty derivative arbitration and lawsuit against other members and managers.

Obtained a $65 million jury verdict in favor of the Life Partners Creditors' Trust in a case against Life Partners' founder and former CEO, its former general counsel and president, and various other entities related to a fraudulent scheme involving the sale of life settlements.

Represented former NASDAQ-listed oil and gas company and former executives in lawsuits related to a $4.4 billion tender offer and merger, including injunction and class certification hearings.

Represented former board members of a publicly traded oil and gas company over allegations of fraud, breach of fiduciary duty and fraudulent transfer.

Represented a NYSE-listed jewelry and bullion company in a shareholder derivative suit and 10b-5 class action alleging breaches of fiduciary duty and securities fraud.

Represented a privately owned animal feed company in relation to minority shareholder inquiries and threatened minority shareholder oppression claims.

Represented an accountant as individual witness in front of the SEC and DOJ as part of a government investigation into insider trading at a Fortune 500 company.

Represented the Audit Committee of a Nasdaq-traded consumer goods and financing company in an independent investigation.

Represented the Trustee in In re Life Partners Holdings, Inc., handling asset seizures and liquidation, investor claims and distributions, and third-party litigation to maximize the value of the debtor's estate.

Represented the Receiver in SEC v. BUCF, handling asset seizures and liquidation, investor claims and distributions, and third-party litigation to maximize the value of the Receivership Estate.

Represented the Receiver in SEC v. Stanford International Bank, handling outside litigation.

Represented the Receiver in SEC v. Millennium Bank, et al., handling investor claims and distributions and third-party litigation to maximize the value of the Receivership Estate.

Antitrust

Represented health system in defense of anticompetitive claims and allegations

Represented a putative class of independent retailers of higher education course materials in an antitrust suit against publishers and other retailers.

Represented a manufacturer in direct and indirect purchaser putative class actions regarding an alleged conspiracy to fix prices.

Represented a manufacturer in an adjudicatory proceeding before the Federal Trade Commission involving price-fixing allegations.

Advised numerous companies regarding antitrust policy and compliance matters.

Advertising and Social Media

Representing food manufacturing company in defense of putative class action regarding origin and other false advertising claims.

Representing food manufacturing company in regulatory proceedings related to advertising claims of competitors.

Representing consumer services provider in litigation related to advertising claims of competitors.

Blogs

Class Actions Highlight AI-Assisted Payer Denials

DOJ withdraws three long-standing antitrust policy statements, leaving health care organizations in limbo

Mackenzie Wallace discusses the latest trends and challenges facing today's health care market on AHLA podcast

Texas sues Meta for alleged violations of Texas biometric law

Permanent changes finally coming to telehealth

Thompson Coburn Publications

2021 rules changes: Texas Rules of Civil Procedure

Publications

Interviewed, "Number of uninsured could rise under Biden's proposed three-month limit to short-term plans,"
Healthcare Finance News, September 21, 2023

“2021 Rule Changes: Texas Rules of Civil Procedure,”
Dallas Bar Association Headnotes, July 2021

Co-author "Innovative Health Care: A Look at Coverage and Litigation,"
American Health Law Association's PG Briefing, April 28, 2021

Co-author, Billing for Advanced Practitioner Professionals and Traps for the Unwary,
Journal of Health and Life Sciences Law, March 29, 2021

Direction for Directors Post-Marchand: An Overview of Director Liability and Exposure,
The Texas Lawbook, August 2020

The Doctor Will (Virtually) See You Now,
D Magazine, July 2020

Client Alert: Supreme Court Permits SEC Disgorgement of Net Profits, in Liu v. SEC,
June 2020

Recent State and Federal Legislation Regarding ‘Surprise Billing',
American Health Lawyers Association’s PG Briefing, January 2020

SCOTX Erects New Hurdle for Litigating Anonymous Defamation,
The Texas Lawbook, February 2019

Presentations

“8 Ways Healthcare Providers Can Smooth the DRG Audit Process,”
Healthcare Financial Management Association, February 2022

"Issues Related to Post-Payment DRG Audits,"
American Health Lawyers Association, October 2021

"Strategies to Mitigate Director Liability and Exposure in 2021 and Beyond,"
American Health Lawyers Association, February 2022

"Strategies to Mitigate Director Liability and Exposure in 2021 and Beyond,"
Association of Corporate Counsel Dallas-Fort Worth, September 2021

"Consumer Protection Update,"
ABA Antitrust Law Section, June 2021

"Direction for Directors Post-Marchand,"
National Association of Corporate Directors, September 2020

"A Guide for Directors to Avoid Fiduciary Liability,"
June 2020

"Consumer Protection Update,"
ABA Antitrust Law Section, June 2019

"Fraud & SEC Updates,"
North American Petroleum Accounting Conference, May 2019

News

Mackenzie Wallace Talks Health Care Class Actions and Payer/Provider Disputes with AHLA

Mackenzie Wallace Co-Authors ABA Book on Managed Care Reimbursement

Mackenzie Wallace and Ashton Dietrich Discuss CMS Final Rule on Prior Authorizations

Mackenzie Wallace Discusses Biden Administration's Short-Term Health Plan Proposal

Thompson Coburn celebrates Women’s History Month 2023

Mackenzie Wallace discusses the latest trends and challenges facing today's health care market on AHLA podcast

Thompson Coburn announces historic settlement for sexual assault survivors with City of Austin, Austin Police Department

Health care litigators recoup significant insurance payments for Vibra Healthcare, other providers in 2021

Thompson Coburn is Texas proud after first year in Dallas

Health care litigator Mackenzie Wallace joins Thompson Coburn in Dallas