Recognizing Financial Distress in Health Care: Identifying Problems and Developing Solutions

Brian Malcom is a Shareholder for Baker Donelson's Birmingham's office. For nearly 15 years, Mr. Malcom has advised and defended banks, lenders, and other financial services institutions in a broad range of litigation matters in state and federal courts. He also has considerable experience representing health care providers and other organizations in the health care industry in complex litigation.

Mr. Malcom routinely represents and advises receivers in receivership proceedings involving senior living facilities and long-term care facilities. He has successfully sought the appointment of receivers over wastewater utilities, a pharmacy, health care facilities, and senior living facilities.

Mr. Malcom also counsels global advisory and brokerage companies in contract disputes with brokers and competitors, in commercial disputes, and in ERISA litigation. In representing his clients, he proactively seeks to minimize his clients' liability and prevent future disputes. If a dispute moves forward and a trial is necessary, he works closely with his clients to achieve the best outcome in a cost-effective and timely manner.

In addition to his financial services and health care litigation, Mr. Malcom has extensive experience defending clients in product liability and commercial litigation disputes. He has successfully defended clients in claims asserting violations of the Fair Credit Reporting Act (FCRA) and Truth in Lending Act (TILA). Other experience includes antitrust claims; bond and warrant claims; municipal bankruptcies and collection of obligations owed by government entities; and lien claims.

While attending law school, Mr. Malcom served as a law clerk in the U.S. Senate for Senator Jeff Sessions (R-Ala.) on the Subcommittee on Administrative Oversight and the Courts.

Jessica is the Director of Forensic Services and Senior Manager – Strategic and Transaction Solutions with PYA. She has more than 15 years of litigation, forensic, audit and assurance, and advisory experience. Her expertise lies in providing financial advisory, litigation, and forensic investigation services to PYA healthcare clients, helping them to navigate the continually evolving changes of the industry.