Ari J. Markenson

  • Adjunct Professor

Education

BA, Syracuse University
JD, Brooklyn Law School
MPH, Columbia University Mailman School of Public Health

Adjunct Professor Ari J. Markenson, JD, MPH, is currently a partner in the healthcare and corporate groups at Venable LLP in its New York office. His legal and academic career sits at the intersection of healthcare, law, and business.

Professor Markenson advises healthcare industry clients, including investors, lenders, providers, and suppliers, on a broad range of regulatory and corporate matters, and has significant experience conducting due diligence in complex healthcare industry acquisitions and financial transactions. He regularly represents private equity firms and lenders in such transactions and evaluates and advises on compliance and regulatory issues with regard to sellers and potential borrowers from banks and financing sources. He also advises various healthcare entities on regulatory matters, including conditions for participation; fraud and abuse; and survey, certification, licensure, and enforcement issues.

Professor Markenson is a current member of the Board of the American Health Law Association (AHLA), has written articles and publications for AHLA, spoken at many AHLA programs and held various leadership roles in his 20 plus year membership with AHLA.  He is a former Chair of the New York State Bar Association–Health Law Section.

Professor Markenson frequently writes for industry publications and speaks at industry and professional events. He also teaches healthcare law, public health law and other healthcare management and policy topics at the Columbia University Mailman School of Public Health and the Pace University, College of Health Professions - Department of Health Sciences. He has also taught at The School of Health Sciences and Practice at New York Medical College, the Graduate School at the University of Maryland – Global Campus and Brooklyn Law School.

He is a member of the Alumni Board of the Columbia University Mailman School of Public Health and the Alumni Advisory Board to the Department of Health Policy and Management at the Columbia University Mailman School of Public Health.

Honors & Awards:
Chambers and Partners, USA 2021-2023, Ranked – New York – Healthcare
Listed, NY-Metro Superlawyer, Healthcare, October 2011, 2013 to 2023
Listed, Best Lawyers in America, Healthcare, 2012 to 2024
AV® Rated, Martindale-Hubbell Peer Review, Top Rated Lawyer in Healthcare
Elected a Fellow of the American Bar Foundation, 2023
Lawyers Alliance for New York 2018 Cornerstone Award for Pro Bono Service
New York State Bar Association “Empire State Counsel” Honoree 2018 for Pro Bono Service
Acknowledged as an “Outstanding Young Healthcare Lawyer” by Nightingale’s Healthcare News in 2004

Publications

Managing Risk in Healthcare Transactions: Individuals and Businesses Excluded from Federal Healthcare Programs or Federal Contracting, Deal Points, Mergers and Acquisitions Committee Newsletter, Business Law Section, American Bar Association, Volume XXVIII, Issue 1 (Winter 2023)

Healthcare M&A in 2022 –Up or Down? It Depends, Mergers & Acquisitions (October 24, 2022)

Representations and Warranties in Healthcare Transactions: Why a General “Compliance with All Laws” Representation Won’t Do, Business Law Today, American Bar Association, (May 4, 2022)

Earn-Outs in Healthcare Transactions and How They Might Implicate the Federal Anti-Kickback Statute, Deal Points, Mergers and Acquisitions Committee Newsletter, Business Law Section, American Bar Association, Volume XXVII, Issue 2 (Spring 2022) (with Evelynn X. Bui, and Yuncong (Giselle) Lai)

What is…the Corporate Practice of Medicine and Fee-Splitting?, American Bar Association, Health Law Section (December 2020) (with Angela Humphreys)

Material Regulatory Risks in Healthcare Services Acquisitions, Business Law Today, American Bar Association, (June 3, 2020) (with Cynthia Suarez)

What is…CHOW?, American Bar Association, Health Law Section (July 2018) (with Tammy Woffenden)

Post-Acute Care Handbook: Regulatory, Risk, and Compliance Issues, American Health Lawyers Association, (October 2014) (Editor in Chief)

50 State Survey of Certificate of Need and Licensure Requirements for Long Term Care Facilities, Assisted Living Facilities, Home Health Agencies, and Hospices, American Health Lawyers Association, (April 2009) (Co-Editor in Chief with Carrie Kissick)

Conducting Internal Investigations and Preserving the Attorney Client Privilege, ALI-ABA Practice Checklist Manual on Advising Business Clients III, ALI-ABA, p. 287 – 295 (January 2004) (with Hervé Gouraige and Elizabeth Riedmueller)