About Us  /  Matthew Schenck

Matthew Schenck

Of Counsel

Email: matt@athenelaw.com

Tel: 415-686-7531

Matthew has over 20 years of litigation experience trying cases in state and federal court and in administrative hearings. For the past 15 years, he has focused his practice in healthcare litigation and employment law litigation, advice and counseling. He regularly represents and advises healthcare systems, medical groups, medical staffs, and universities. He is an accomplished litigator having represented public and private entities in resolving complex employment, healthcare and business disputes.

Matthew has achieved notable results in defending against writs for ordinary and administrative mandamus in healthcare and employment law settings, has successfully used the California anti-SLAPP statute against meritless claims, and has successfully litigated numerous lawsuits to judgment as well as administrative hearings and appeals. Prior to his affiliation with Athene Law, Matthew was a partner at a top-rated employment law firm in San Diego. He is admitted to practice before all state and federal courts in California.

Representative Matters

Professional Affiliations

  • California Society for Healthcare Attorneys

  • San Diego County Bar Association, Law and Medicine and Labor & Employment Sections

Education

Matthew earned his B.A. in Government and History from Claremont McKenna College in 1989, earning the “Best Thesis” award by the history department. He earned his J.D. from the University of Michigan Law School in 1997 and was admitted to the State Bar of California that same year. Matthew was a semifinalist in the 1995-96 Campbell Moot Court competition, showing an early interest and aptitude in trial work.

  • Anesthesia Service Medical Group, Inc. v. Care1st Health Plan. (San Diego Superior Ct., 2019) (Represented noncontracted provider against Medi-Cal managed care plan concerning reimbursement rates. Successfully defended against Plan’s motion for summary judgment and/or summary adjudication).

  • Bogue v. Anesthesia Service Medical Group, Inc. (ALHA Arbitration, Superior Ct, Court of Appeal, 2019) Retaliation and related employment claims brought by terminated physician claiming lifetime career damages. Award affirmed by Superior Court and upheld by Court of Appeal).

  • Berman v. Regents of the University of California. (Court of Appeal, 2014) (Appellate counsel for administrative agency after denial of petition for writ of administrative mandate challenging final administrative decision. Published opinion reaffirmed judicial deference to administrative body's interpretation of its own internal procedures).

  • Marsh v. Anesthesia Service Medical Group, Inc. et al. (San Diego Superior Court, Court of Appeal 2011 & 2014) Antitrust, unfair competition, and related claims brought by physician alleging that medical group interfered with her hospital privileges. (Published decision making it significantly more difficult for individual physicians to bring antitrust and unfair competition claims against health care entities based on medical staff rules and standards; second published decision after remand upholding summary judgment on remaining employment claims).

  • Bellars v. Regents of the University of California et al. (San Diego Superior Court, Court of Appeal, 2014) (Defended University Medical Center and Medical Staff committee chair against physician’s lawsuit arising out of his summary suspension from the hospital medical staff. Physician appealed after case was defeated on anti-SLAPP motion. Case settled on appeal, resulting in an unpublished opinion on procedural issues).

  • Goldbaum v. Regents of the University of California (Administrative hearing, San Diego Superior Court, Court of Appeal, 2011) (Defended university health system and public retirement plan in administrative proceeding, petition for writ of administrative mandamus and lawsuit brought by physician for additional retirement service credits. Case resulted in a published decision affirming and expanding constitutional exemption of the University of California).

  • Buchbinder v. Scripps Health (San Diego Superior Ct.) (Defended hospital system in lawsuit by former medical staff member in connection with his denial of reapplication for medical staff membership. Case withdrawn after favorable tentative ruling on anti-SLAPP motion).

  • United States ex rel. O’Connell v. Chapman University (U.S. District Court, Central Dist. Calif.) (Defended university in False Claim Act case brought by qui tam relators alleging that the university should not have been accredited. Summary judgment. Dismissal upheld by Ninth Circuit. Relators’ petition to US Supreme Court was denied.

  • Roth v. Scripps Health (San Diego Superior Ct.) (Defended hospital system in class action litigation involving allegations of unlawful billing practices).

  • Racek v. Rady Children’s Hospital San Diego, Children’s Specialists of San Diego, et al. (San Diego Superior Ct.) (Represented medical group and individual physician in antitrust, unfair competition, and business tort case).

  • Krystal v. Regents of the University of California (San Diego Superior Ct.) (Defended medical school in former medical resident’s lawsuit stemming from alleged termination from medical residency program).

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