Eric Neiman leverages more than four decades of experience as a trusted health law advisor and litigation attorney to serve the needs of health care clients.
Eric has a robust health care regulatory compliance and litigation practice, with particular experience in behavioral health, provider operations, medical staff and peer review, crisis management, regulation/enforcement, managed care, risk management, and health care market issues. He also provides support to advance clients’ legislative interests.
His health care clients include not-for-profit providers, many of which are faith-based, and for-profit providers. Eric advises provider clients on their day-to-day operational issues and projects, helping ensure that they stay compliant with state and federal regulations.
In the behavioral health space, Eric regularly counsels hospitals, health systems, and providers on their initiatives and services, and serves as outside general counsel to the behavioral services lines of major health systems.
A skilled litigator, experienced at every stage of dispute resolution, from fact investigation through trial and appeal, Eric has been the first chair in more than 100 jury trials. He also has extensive experience in bench trials, administrative hearings, commercial arbitrations, regulatory and licensing board proceedings, and investigations. Eric has represented clients in health care, business, professional liability, employment, product liability, and technology disputes.
Since 1991, Eric has served actively as a pro-tem circuit court judge.
Before joining Epstein Becker Green, Eric was the managing partner in the Portland office of a national law firm, a member of its Healthcare and Complex Business & Commercial Litigation Practices, and chair of that firm’s Healthcare Regulatory Practice and Behavioral Health Practice. He was also a member of that firm’s Crisis Management Practice and was regularly called on to assist health care and other business clients in managing responses to critical events.
- Represented and advised multiple hospitals regarding long-stay and difficult-to-discharge patients, including regulatory compliance and litigation.
- Defended health care facilities in agency enforcement actions involving workplace violence, through multi-week trials.
- Advised hospitals and medical staff leadership regarding medical staff policies, peer review, and physician quality and safety issues.
- Advised hospitals, health systems, and industry organizations regarding proposed legislation affecting operations and compliance with new legislation.
- Moderated a convener session funded by the Substance Abuse and Mental Health Services Administration examining state behavioral health laws and behavioral health civil commitment laws.
- Served as lead counsel for two health systems in the 2014 case of In the Matter of Detention of DW, both in the trial court and on appeal. In the landmark decision, the Washington Supreme Court ruled that civilly committed patients have a right to meaningful psychiatric treatment as a condition of their detention.
- University of Oregon School of Law (J.D., 1982)
- Order of the Coif
- University of California, Santa Barbara (B.A., Order of the Coif, 1978)
- Washington State
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Federal Claims
- U.S. District Court, District of Idaho
- U.S. District Court, District of Oregon
- U.S. District Court, Eastern District of Washington
- U.S. District Court, Western District of Washington
Professional & Community Involvement
- American Bar Association
- Health Law Section
- Section of Litigation
- American Board of Trial Advocates
- American Health Law Association
- Behavioral Health Practice Group subcommittees chair and vice-chair (2015 to 2022)
- Oregon State Bar Health Law Section, Executive Committee (2015 to 2021)
- Washington State Society of Healthcare Attorneys
- American Health Law Association Annual Meeting: Silent Epidemic: Workplace Violence in Behavioral Health and Acute Care Settings
- Washington State Hospital Association Annual Meeting: Escalation: Workplace Violence in Healthcare Settings
- Oregon State Bar Health Law Section Annual Meeting: The Homeless Crisis & the Challenges Facing Oregon’s Broken Mental Health System
- Oregon State Bar Health Law Section CLE: Workplace Violence in Behavioral Health and Acute Care Settings
- American Health Law Association Webinar (Faculty): What Every Health Lawyer MUST Know About Working with Protection & Advocacy Organizations
- SAMHSA/AHLA Convener: The State of State Mental Health Laws
- AHLA Educational Call: Doctors and Dependency - Physician Liability for Overprescribing Opioids
- Crittenden Medical Insurance Conference: Opioid Professional Liability and Coverage
- Oregon State Bar Health Law Section CLE (Moderator): Providing Quality Care to Lesbian, Gay, Bisexual, and Transgender Patients