Marcus C. Hewitt

Attorney in Raleigh, NC

Marc Hewitt focuses his practice on commercial and administrative litigation and health care disputes. Mr. Hewitt routinely represents clients in North Carolina Certificate of Need, licensure, and other administrative matters, and in a variety of commercial and business disputes, including those involving contract, unfair business practices, fraud and antitrust issues.

Mr. Hewitt handles numerous Certificate of Need (CON) matters for hospitals, physician practices and private providers, involving a variety of services and facilities, including MRI scanners (fixed and mobile), acute care services including acute care beds and operating rooms, diagnostic imaging centers, nursing facilities, assisted living facilities, hospice, ambulatory surgical centers and others. He routinely represents clients in administrative appeals both challenging and defending CON awards, exemptions and "no-review" determinations by the state, and advises clients on compliance and related issues in advance of litigation.

Mr. Hewitt also routinely handles commercial and business disputes in healthcare and other industries, including those involving contract, unfair business practices, fraud and antitrust issues. Among others, Mr. Hewitt has represented a number of clients in disputes with information technology vendors arising from failed implementations of computer hardware and software systems.

Mr. Hewitt is licensed to practice in North Carolina. He is a member the Health Law Section of the North Carolina Bar Association and serves on the board of directors of the North Carolina Society of Healthcare Attorneys and is chair of the Public Affairs Committee. Mr. Hewitt is a member of the Leadership Raleigh class of 2006. Mr. Hewitt has been recognized as a "Rising Star" by North Carolina Super Lawyers magazine since 2009.

Prior to joining Williams Mullen, Mr. Hewitt served as a judge advocate in the U.S. Marine Corps from 1996 to 2000. He is a graduate of the University of North Carolina School of Law and holds a Bachelor of Arts degree in economics from the University of North Carolina.

Experience

· Intervened in administrative appeal brought by competing diagnostic imaging provider challenging denial of CON for diagnostic center. Assisted State agency in defending denial of competitor's CON application.

· Represented an integrated multi-specialty group practice in merger with 16 medical and surgical practices to form a multi-disciplinary group that continues to grow throughout central North Carolina. Serve as general counsel for post-merger entity, and counsel client on employee benefits, executive compensation, Certificate of Need (CON), litigation, antitrust, managed care contracting, join ventures and real estate matters.

· Represented large multi-specialty physician practice in law suit against software vendor arising from payment processing software implementation failure. Litigated and settled fraud, negligent misrepresentation and unfair trade practice claims.

· Represented mobile MRI provider in appeal of State agency order to cease and desist providing services on military base in North Carolina without state agency approval.

· Litigated UCC and contract claims in contested AAA arbitration against national vendor of electronic medical records (EMR) systems arising from failed EMR implementation. Handled claims from initial investigation and demand through discovery and contested arbitration hearing, through arbitration award.

· Appealed administrative denial of hospital system client's application for a CON to develop a new hospital, and approval of competing applications to develop ambulatory surgery center and acute care beds. Resolved by settlement with approved applicants.

· Intervened in administrative appeal to defend State's denial of competitor's application for a Certificate of Need (CON) for a new diagnostic center that would compete with client's diagnostic center. Defended state's decision in contested administrative hearing.

· Represented approved applicant for CON for mobile MRI scanner against administrative appeals by three competing providers of diagnostic imaging services.

Professional Affiliations

North Carolina Bar Association

North Carolina Society of Healthcare Attorneys - Chair, Public Affairs Committee (2010-present)

North Carolina State Bar

Wake County Bar Association - Habitat for Humanity Committee Chair (2001 - 2005) - Young Lawyers Division (2000 - 2005)

Awards & Honors

Recognized by Triangle Business Leader magazine as a "Top Lawyer" in the area of Healthcare

North Carolina Super Lawyers magazine, "Rising Star" 2009-2011

Community Involvement

· Habitat for Humanity of Wake County - Board of Directors (2005 - 2009) - Executive Committee (2008 - 2009) - Chair, Fund Development Committee (2006 - 2008)

· Leadership Raleigh, Class of 2006

· Leadership Raleigh Alumni Council (2006 - 2007)

919.981.4308
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Peer Rating 4.7 of 5

Areas of Law

  • Certificate of Need Litigation
  • Long Term Care Facilities Litigation
  • Long Term Care
  • Hospitals/Health Systems
  • Nursing Homes and Assisted Living Facilities Business Sectors
  • Litigation
  • Health Care Litigation

 

Peer Rating

av

Overall Peer Rating

in Health Care, Administrative Law and Business Law
4.7 out of 5.0

Legal Knowledge
4.8
Analytical Capabilities
4.8
Judgment
4.7
Communication Ability
4.7
Legal Experience
4.6

  • Meets very high criteria of general ethical standards
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Experience & Credentials

Position

Partner

Admission Details

Admitted in 1996, North Carolina

Law School Attended

University of North Carolina School of Law
J.D.

University Attended

University of North Carolina
B.A.
with distinction

Birth Information

Born in 1971
Charlotte, North Carolina, May 7, 1971

Community Contributions

Contact Information


Office Information
Marcus C. Hewitt
Partner
 301 Fayetteville Street, Suite 1700,
Raleigh, NC 27601

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Williams Mullen (Raleigh, North Carolina)

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