Eric J. Neiman

"Health care organizations often call when time is short and the stakes are high. My role is to help them protect their patients, operations, and reputation while navigating the legal issues in front of them." —Eric J. Neiman

Hospitals, health systems, and behavioral health providers confronting regulatory scrutiny, critical incidents, or complex disputes turn to Eric Neiman—a trusted health care counselor and litigator—for guidance informed by more than four decades of health care law experience and deep operational knowledge of the field.

Eric advises both not-for-profit providers (many of which are faith-based) and for-profit providers on their strategic initiatives, regulatory compliance, day-to-day operational matters, and dispute resolution strategies. He also represents them in investigations, administrative proceedings, and litigation.

Eric’s health care regulatory compliance and litigation practice includes provider operations, medical staff and peer review, managed care, risk management, provider-payer disputes, the corporate practice of medicine (CPOM), health care market oversight, and regulatory enforcement. Additionally, he advises clients on legislative and public policy matters affecting their organizations.

Behavioral health is one of Eric’s primary areas of focus. He regularly counsels hospitals, health systems, and providers on their behavioral health services and initiatives and serves as outside general counsel to the behavioral services lines of major health systems. Having substantial experience with civil commitment laws across the country, Eric is a sought-after speaker and author on civil commitment issues affecting behavioral health stakeholders.

When unexpected events place health care organizations under intense scrutiny, Eric provides critical incident management. He works alongside executive leadership to coordinate the organization’s legal, regulatory, and operational response to critical incidents, government investigations, licensing issues, agency inquiries, and significant media attention.

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, commercial arbitrations, regulatory and licensing board proceedings, and investigations, as well as administrative proceedings throughout the country. His representation spans health care, business, complex commercial disputes, managed care, employment, and technology disputes.

Eric has served as a pro tem circuit court judge since 1991, bringing a judicial perspective to his litigation strategy and client counseling, and as outside disciplinary counsel for the Oregon State Bar. Before joining Epstein Becker Green, Eric was the managing partner of the Portland office of a national law firm, where he chaired its Healthcare Regulatory Practice and Behavioral Health Practice and served on its Crisis Management Practice.

What Eric Delivers for Clients

• Crisis Management in Real Time: When a patient death, regulatory investigation, or media incident occurs, Eric’s clients have his direct attention. He moves quickly to preserve evidence, coordinate with internal stakeholders, manage external communications, and reduce his clients’ legal exposure.
• Behavioral Health Counsel from Deep Inside the Field: Behavioral health organizations get counsel grounded in a thorough understanding of their field—how programs work, whom they serve, what legal and ethical frameworks apply, and where the risks lie. Eric advises from inside the sector, not from a theoretical distance.
• Consistent Representation Across Every Setting: Whether the matter calls for an investigation, regulatory or administrative proceedings, settlement negotiation, or litigation, Eric has firsthand experience in each setting. His comfort across all phases of dispute resolution means clients benefit from seamless representation from start to finish.
• Coordinated Legislative and Regulatory Strategy: When health care providers want to advance legislative initiatives or secure regulatory approval for new service delivery models, they need counsel who understands both the legislative and regulatory terrain. Eric provides integrated guidance on both fronts so that legislative advocacy and regulatory strategy work together to advance his clients’ initiatives.
• Trial-Ready from Day One: From the first day, Eric prepares matters as if they’re headed to trial. That preparation shapes how clients negotiate with regulators and opposing parties, influences how others view the strength of their position, and ensures they’re truly ready if a jury decides the case.

Behavioral Health

• Assisted a health system in securing legislation and regulatory approval for a new mental health treatment facility and service line, working with legislative and agency authorities to enable new delivery models.
• Assisted health systems with developing reimbursement strategies for various service lines and facilities.  
• Served as lead counsel for two health systems in the 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.
• 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.

Provider Operations, Regulatory Compliance, and Public Policy

• Represented and advised multiple hospitals regarding long-stay and difficult-to-discharge patients, including regulatory compliance and litigation.
• 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.

Litigation, Government Investigations, and Enforcement

• Defended a rural public hospital’s exclusive market rights by proving in litigation that a competitor’s structure violated Oregon health district boundary law. Eric obtained a settlement requiring the competitor to cease all clinical operations in the client’s exclusive territory.
• Defended health care facilities in agency enforcement actions involving workplace violence through multi-week trials.
• Represented health care professionals in disputes involving management services organizations and investor relationships.

• Chambers USA: America's Leading Lawyers for Business: Oregon—Healthcare, "Leader in Their Field" (2026)
• The Best Lawyers in America, Litigation – Health Care (2007 to 2026), “Lawyer of the Year” in Litigation – Health Care (2023)
• The Legal 500 United States, Healthcare: Health Insurers (2024)
• Super Lawyers, Health Care and General Litigation (2007 to 2023)

Education

• 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)

Professional & Community Involvement

• American Bar Association
  • Health Law Section
  • Section of Litigation
• American Health Law Association
  • Behavioral Health Practice Group Subcommittees, Chair and Vice-Chair (2015 to 2022)
• Idaho State Bar, Health Law Section
• Oregon State Bar, Health Law Section
  • Executive Committee (2015 to 2021)
• Washington State Bar Association, Health Law Section
  • Executive Committee Vice-Chair (2025 to Present)
• Washington State Society of Healthcare Attorneys