Carson Porter

Contact:

  • E: Carson.porter@fisherbroyles.com
  • T: (202) 262-5784
  • Washington D.C. Office

vCard

Practice Areas:

  • Commercial Transactions
  • Compliance Counseling
  • Employment
  • Franchising
  • General Corporate
  • Government
  • Health and Pharmacy Law
  • Intellectual Property
  • Litigation – Civil Pretrial and Trial Services
  • Litigation & Risk Management
  • Mediation
  • Regulatory Law & Government Contracts
  • White Collar Litigation and Investigations

Bar Admissions:

  • Washington, DC
  • Kentucky
  • U.S. Supreme Court
  • U.S. Court of Appeals, 6th Circuit
  • U.S. District Court Western District Ky.
  • Kentucky Supreme Court

Education:

  • University of Kentucky College of Law, JD, 1970
  • University of Kentucky, BA, 1967

Large Law Firm Experience:

  • Arent Fox

Carson Porter brings a rich and diverse background to FisherBroyles.   In his career he has represented clients in a variety of litigation matters including arguing successfully before the US Supreme Court. As a corporate executive he has served three separate healthcare companies as CEO. In addition, he is an author and nationally recognized speaker. Among other law firms, for 12 years he was Counsel to Arent Fox, a Washington, DC based national law firm.

Healthcare:

Mr. Porter has been involved in virtually all aspects of the healthcare delivery system for several decades.   As an attorney he has counseled numerous health care enterprises from start up to public offering.   He has also gained experience as a healthcare CEO, which provides him with a unique perspective on the client’s challenges.   His healthcare experience includes the following:

Leadership Positions:

  • CEO, Res-Care, Inc: operated long-term care facilities and home cares across 6 states; over 2,500 employees;
  • CEO, Sterling Care, Inc: 8 skilled nursing facilities; over 1,000 employees.
  • Chairman, Healthcare Solutions Connection, LLC: co-founder of national network of seasoned healthcare experts.
  • Founding Director, National Patient Safety Foundation: served for over 10 years as Director, Executive Committee member, and Chair of Development Committee which launched successful “Stand Up For Patient Safety Campaign”.
  • Member, Young President’s Organization (YPO) and World President’s Organization (WPO); founder of YPO Healthcare Focus Forum which after 20 years has over 100 active members who are CEOs of healthcare business entities.

Representative Matters:

  • Participated on the legal team that structured the settlement of one of the largest fraud and abuse cases ever prosecuted by the United States.
  • Argued and won the first case to be heard by the Medicare Provider Reimbursement Review Board.
  • Acted as the lead counsel on five Medicare appeals filed on behalf of the Kentucky Hospital Association and more than 100 of its member hospitals.
  • Served as Chief Outside Counsel to NCRIC, a D.C.-based medical malpractice insurer.  In that role, he participated in taking the company from a mutual structure to a publicly traded entity and handled contract dispute in federal court which led to successful settlement for the client.

Dispute Resolution: Mediation, Arbitration, Litigation (including appeals):

  • U.S. Supreme Court: At age 30 he argued and won a case before the U. S. Supreme Court, making him one of the youngest attorneys to do so.  Paul v. Davis, 424 U.S. 693. For a summary of the case and to listen to an audiotape of the oral argument, click here.
  • Kentucky Supreme Court: Won historic preservation case that established the right of a municipality to utilize the power of eminent domain to condemn property in order to preserve that property.  Carson P. Porter, City of Louisville v. The Women’s Club of Louisville, 1 PaceL. Rev. 647 (1981)
  • Represented national franchisor in disputes with franchisees in multiple jurisdictions involving breach of contract claims and trademark infringement claims.
  • Represented clients before Fifth and Sixth U.S. Circuit Courts of Appeal.

Not-for-Profits:

  • In addition to the National Patient Safety Foundation and the YPO Healthcare Focus Forum listed above, Mr. Porter has served as a Director and Counsel to the following not-for-profit and governmental entities:
  • Dream Factory of Louisville, KY.
  • Legal Aid Society
  • Starlight Children’s Foundation Mid-Atlantic
  • University of Kentucky College of Arts & Sciences Advisory Board member
  • Urban Renewal Commission, Louisville, KY

Core Competencies: Healthcare and other Commercial Enterprises:

  • Regulatory Compliance
    • Fraud & Abuse
    • HIPAA
    • Accountable Care Act
  • Accountable Care Organizations
    • Prepare organizational documents:
      • Entity establishment
      • Policies & procedures
      • Business Associate agreements
      • Member agreements
  • Governance
    • Board composition
    • C-suite & Director training
  • Mergers & acquisitions
    • Advise on negotiations
    • Conduct due diligence
    • Structure transaction
    • Prepare pertinent documentation
  • Employment agreements
    • Protecting intellectual property rights
    • Prosecuting breaches
  • Start-up entities
    • Strategic growth advice
    • Assist in making introductions to strategic partners and sources of capital
    • Create entity
    • Prepare transaction documents
  • Exiting the Business
    • Assist in identifying potential buyers
    • Assist in negotiations
    • Prepare pertinent sale documentation

Dispute Resolution: Mediation, Arbitration & Litigation:

  • Counsel client regarding:
    • Objectives and realistic chances of success
  • Identify witnesses
    • Prepare to testify at deposition or in court
    • Take depositions of opposing witnesses
  • Represent client in appropriate forum: mediation, arbitration and/or litigation
  • Represent client before appellate tribunals

Author:

Mr. Porter is the author of Your High Credibility Formula: How to Achieve Lasting High Credibility in Your Work and Life.

The book conveys Mr. Porter’s philosophy gleaned from his many experiences about launching and growing successful enterprises. Sheldon Bowles (co-author of best-sellers Raving Fans, High Five, Big Bucks and Gung Ho) endorsed Mr. Porter’s book as follows:

“Both timely and timeless. Lasting credibility is at the heart of all success…required reading for anyone concerned about their future!”

Mr. Porter presents keynote presentations and conducts seminars based on the messages in his book.

Professional Material:

  • Raising Capital – Rule 506(c) Solicitation and Advertising and Title III Crowdfunding
  • Accountable Care Organizations and the Fraud and Abuse Laws: Five Ways to Avoid the Pitfalls
  • Top Five Governance Issues to Consider When Forming an ACO
  • Should You Join an ACO?
  • Mobile Health Devices Have Arrived—What are the Liability Issues?
  • The New World of Accountable Care Organizations